ENG-2008 — Page 64

24 Constitution and Administration

Apart from investigating complaints, The Ombudsman may initiate direct investigations of her own volition into matters of public interest and widespread concern, and publish the reports. This proactive and preventive approach aims at addressing problems affecting a broad spectrum of the community. The direct investigations are particularly useful in redressing administrative flaws of a systemic nature and addressing fundamental problems or underlying causes for complaint.

Since 1994, when The Ombudsman was empowered to undertake direct investigations, 63 such investigations have been completed -four of them in 2008. These four concern:

• Special examination arrangements for students with specific learning difficulties by the Education Bureau and the Hong Kong Examinations and Assessment Authority;

• Mechanism for handling conflict of interests in organisations subvented by the Leisure and Cultural Services Department;

• Alleged overcharging of water bills by the Water Supplies Department; and

• Handling of water seepage complaints.

The reports of all direct investigations have been published and 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 is also empowered to act as an independent review body in respect of an alleged breach of the code.

The Office received 13 790 enquiries and 6 253 complaints in 2008, compared with 12 315 enquiries and 6 200 complaints in 2007. The areas attracting substantial numbers of complaints were related to error, wrong advice or decision, failure to follow procedures or delay, negligence or omission, disparity in treatment, lack of response to complaints, staff attitude and ineffective control.

Although The Ombudsman has no authority to enforce her recommendations, over 89 per cent of the recommendations made have been accepted by the organisations concerned.

Office of the Director of Audit

The Audit Commission is established under the Basic Law, which provides that it shall function independently and be accountable to the Chief Executive of the HKSAR. The Audit Commission is one of Hong Kong's oldest departments; the first Auditor-General was appointed in 1844.