ENG-2000 — Page 51

CONSTITUTION AND ADMINISTRATION

are unjustly accused; human rights are protected; and the public sector continues to improve in quality and efficiency. The Ombudsman has jurisdiction over practically all government departments except the Hong Kong Police Force and the Independent Commission Against Corruption, which have their own separate bodies to deal with complaints from the public, and also 15 major public organisations. These are: the Airport Authority, Employees Retraining Board, Hong Kong Arts Development Council, Hong Kong Examinations Authority, Hong Kong Housing Authority, Hong Kong Housing Society, Hong Kong Monetary Authority, Hong Kong Sports Development Board, Hospital Authority, Kowloon-Canton Railway Corporation, Land Development Corporation, Legislative Council Secretariat, Mandatory Provident Fund Schemes Authority, Securities and Futures Commission and the Vocational Training Council.

Apart from investigating complaints, The Ombudsman can initiate direct investigations on her own volition and may publish investigation reports of public interest. By adopting a proactive and preventive approach, these direct investigations aim at addressing problems that may affect a wide cross-section of the community. They are useful in preventing administrative flaws of a systemic nature by nipping problems in the bud and preventing future similar complaints by addressing fundamental problems or other underlying reasons for complaints. Since 1994, a total of 29 direct investigations have been completed five of them in 2000. These five direct investigations concerned the following subjects: the provision and management of private medical and dental clinic services in public housing estates; the regulatory mechanism for the import/export, storage and transportation of used motor vehicles/cycles and related spare parts; the mechanism to regulate local travel agents operating inbound tours; selected issues concerning the provision of retraining courses by the Employees Retraining Board; and the clearance of Provisional Urban Council tenants and licence holders affected by the Land Development Corporation's development projects.

Four direct investigations were being undertaken: the procedures for handling travellers suspected of using false or otherwise suspect travel documents; the management of construction projects by the Housing Authority and the Housing Department; the management of government crematoria; and the procedures for immigration control of persons who are found at, or returned to, immigration check. points without proof of identity.

The reports of all direct investigations completed are available for public scrutiny at the office's Resource Centre.

The Ombudsman Ordinance also empowers The Ombudsman to investigate complaints of non-compliance with the Code on Access to Information against government departments, including the Hong Kong Police Force and the Independent Commission Against Corruption. The Ombudsman serves as a common independent review body for alleged breaches of the code.

The office received 10 819 enquiries and 3 346 complaints in 2000, compared with 9 893 enquiries and 3 557 complaints in 1999. The areas that attracted substantial numbers of complaints were related to error, wrong advice/decision, disparity in treatment, negligence or omission, lack of response to complaints, delay, inefficient control and abuse of power.

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