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The Ombudsman publishes latest Annual Report (with photo)
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The following is issued on behalf of the Office of The Ombudsman:

     The Ombudsman, Ms Connie Lau, presented to the public today (July 16) her first Annual Report since assuming office in April 2014. During the year under report, the number of complaint cases successfully concluded by way of mediation reached a record high of 138, having increased 3.6 times from the year before.

Mediation

     During the year, a total of 25 organisations under complaint, as compared to 11 last year, voluntarily participated in mediation, showing that more organisations were receptive to resolving complaints by mediation. In terms of the nature of complaints, most cases successfully mediated were complaints about delay, followed by complaints about errors or wrong advice/decisions and ineffective control.

     Ms Lau said, "We may decide to deal with a complaint by the speedier process of mediation if the subject matter of the complaint involves only minor, or even no, maladministration. The manpower thus saved can be deployed to full investigation on cases involving more serious maladministration, and to direct investigation for improving public organisations' administrative systems, efficiency and procedures."

Investigation

     During the year, the number of enquiries the Office of The Ombudsman received stood at 12 940, the highest level in the past five years, while 5 339 complaints were received. The Office also completed 314 full investigations and seven direct investigations (DIs).

     The issues examined in the seven DIs completed included the management of patient records by the Hospital Authority, enforcement actions against street obstruction by shops, regulation of guesthouses, monitoring of eligibility of existing public housing tenants, the Education Bureau's refusal to disclose teachers' registration status, recovery of debts under the non-means-tested loan scheme and regulation of refrigerants.

     Upon completion of the full investigations and DIs, the Office made a total of 218 recommendations, of which 192 (88.1 per cent) were accepted by the departments/organisations concerned for implementation, while 25 (11.5 per cent) were still under consideration as at June 30, 2015.

Apology Legislation

     On another front, The Ombudsman has all along encouraged government departments and public organisations to adopt a more open mind towards making apologies. Of the complaint cases handled by the Office, the organisations under complaint offered apologies in 275 cases, including 253 cases (92 per cent) in which apologies were tendered after the Office's intervention. Among the cases successfully resolved by mediation, apologies were tendered by the organisations concerned to the complainants in 12 cases.

     Ms Lau said, "We welcome the Government's recent initiative to launch a public consultation on apology legislation. The enactment of legislation will serve to protect individuals and organisations, enabling them to apologise without fear of incurring extra legal liabilities for doing so. The making of apologies can help relieve complainants' grievances, resolve disputes, restore mutual trust and increase our social cohesion."

Code on Access to Information

     During the year, the Office concluded a total of 54 cases related to the Code on Access to Information, with faults found on the part of the organisations concerned in 22 cases. Twelve cases involved unjustifiable refusal or imposing unnecessary conditions for release, wholly or partly, of the information requested. By thoroughly investigating some complaints about withholding of information, the Office urged the organisations concerned to better understand the underlying spirit of enhanced transparency in public administration.

Looking Ahead

     Outlining the Office's work for the coming year, Ms Lau said, "To enhance the transparency of our DI work, we will publish as far as possible our findings in the form of DI reports on the subjects on which we have conducted assessment. We will closely follow new developments in the Government's proposal on apology legislation, and continue to encourage public officers to be more forthcoming in making apologies where due. The Office will also step up efforts in promoting among government departments and public organisations the ideas and best practice in the Code on Access to Information."

     The full Annual Report can be viewed at or downloaded from the Office's website (www.ombudsman.hk).

Ends/Thursday, July 16, 2015
Issued at HKT 15:31

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