ENG-2017 — Page 50

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Constitution and Administration

• bureaucratic constraints do not interfere with administrative fairness;

• public authorities are readily accessible to the public;

• abuse of power is prevented;

⚫ wrongs are righted;

⚫ facts are pointed out when public officers are unjustly accused;

• human rights are protected; and

⚫the public sector continues to improve quality and efficiency.

The Ombudsman is empowered to investigate complaints of non-compliance with the Code on Access to Information against all government departments, including those that are not listed in this schedule, such as the Hong Kong Police Force and the ICAC.

Besides investigating complaints, the Ombudsman may initiate direct investigations into matters of public interest and widespread concern, and publish the reports, so as to redress administrative flaws of a systemic nature and address fundamental problems or underlying causes of complaint. The reports of all direct investigations are available on the website.

The Ombudsman completed 11 direct investigations in 2016-17, which concerned the:

• government's tree management regime and practices;

• government's handling of four stonewall trees along Bonham Road;

• Marine Department's follow-up mechanism on recommendations made in marine incident investigation reports;

government's follow-up actions regarding insufficient provision of public columbarium niches;

• temporary closure of public swimming pools and beaches under the Leisure and Cultural Services Department due to a shortage of lifeguards;

• Lands Department's system of regularisation of illegal occupation of government land and breach of lease conditions;

• Education Bureau's regulation of kindergarten application fees;

arrangements on the display of publicity materials in public housing estates;

• government regulation of special transport services for persons with mobility difficulties;

• Education Bureau's regulation of institutions offering non-local higher and professional education courses; and

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