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Constitution and Administration

Besides investigating complaints, the Ombudsman may initiate direct investigations 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. Direct investigations are particularly useful in redressing administrative flaws of a systemic nature and addressing fundamental problems or underlying causes for complaint.

The Ombudsman completed six direct investigations in 2012-2013, which concerned:

• Administration of the temporary closure of metered parking spaces during road works;

Booking and use of government sports facilities;

• Administration of government policy on private recreational leases;

Conveyance of patients by ambulance to 'area hospitals';

• Recovery of mortgage default debts under the Home Ownership Assistance schemes; and

• Enforcement against illegal extensions by food establishments.

The reports of all direct investigations are available on the website: www.ombudsman.hk.

The Ombudsman received 12,255 enquiries and 5,501 complaints in the reporting year 2012- 2013. Areas attracting a substantial number of complaints related to error, wrong advice or decision, delay, ineffective control, negligence, omission and staff attitude.

Although the Ombudsman has no authority to enforce recommendations, 88.5 per cent of the Ombudsman's recommendations have been accepted by the organisations concerned.

Audit Commission

The Audit Commission, headed by the Director of Audit, 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 Ordinance provides for the audit of the government's accounts by the Director of Audit and for the submission of the director's report to the President of the Legislative Council. The director also audits the accounts of the Exchange Fund, the Hong Kong Housing Authority, five trading funds and more than 60 other funds. In addition, the director reviews the financial aspects of the operations of the multifarious government-subvented organisations.

The Director of Audit carries out two types of audit: regularity audits and value for money audits. Regularity audits are intended to provide an overall assurance of the general accuracy and propriety of the financial and accounting transactions of the government and other audited bodies. The Audit Ordinance gives the director statutory authority to conduct regularity audits.

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