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Following is a question by the Hon Kwong Chi Kin on each department has established procedures for handling complaints and a written reply by the Secretary for the Civil Service, Mr Joseph W P Wong, in the Legislative Council today (February 2):

Question:

Some staff unions have reflected to me that various government departments, including those operating trading funds, adopt different methods for handling complaints against civil servants' performance. In this connection, will the Government inform this Council:

(a) of the procedures for handling the above complaints;

(b) whether government departments will handle anonymous complaints of the above nature; if they will, of the names of the relevant departments and the details of how they handle and follow up these complaints; and

(c) whether it has a standardised mechanism applicable to all departments for handling complaints against civil servants' performance; if not, the reasons for not doing so, and whether it will consider putting in place the relevant mechanism?

Reply:

Madam President,

Regarding the question raised by the Honourable Kwong Chi Kin, my reply is as follows:

(a) Following the guidelines issued by the Administration Wing, each department has established clear and comprehensive procedures for handling complaints against the department itself or its staff. These guidelines are applicable to all Government departments, including those operating as trading funds. The procedures that departments in general observe when handling complaints are as follows:

(1) All complaints, whether signed or anonymous, will be put on file by the receiving department for follow-up actions and further processing. For signed complaints, they will be acknowledged by the receiving department in writing.

(2) Depending on the facts of the case, the department concerned will conduct an investigation which may include interviews with the complainant and parties concerned.

(3) The investigation must be completed within a timeframe prescribed by the department concerned. If the investigation cannot be completed within a short period of time, the case-handling officer should issue an interim reply to the complainant, if known, and inform him of the progress of the investigation.

(4) Upon completion of the investigation, the case-handling officer should put up a report for endorsement by an officer designated by the Head of Department and thereafter furnish a detailed reply to the complainant, if known.

(5) If the complainant is not satisfied with the outcome of the investigation, he may lodge an appeal.

(6) A repeated complaint or an appeal should be handled by an officer senior to the one who dealt with the earlier complaint.

(7) After completion of the investigation, the department concerned should monitor the follow-up actions where necessary.

Each department should designate a directorate officer to establish internal procedures for handling complaints according to the above guidelines and issue an internal circular to promulgate such instructions among staff. The designated directorate officer will have sight of all complaints received by the department. He should also review the operation of the complaint mechanism on a regular basis.

(b) No complaint, whether signed or anonymous, will be taken lightly by the receiving department. For anonymous complaints, the department concerned will decide whether follow-up actions are necessary having regard to the facts of the case and the gravity of the allegation made. If the complaint itself does not contain sufficient information and where the complainant cannot be reached to provide further details, it might be difficult for the department concerned to conduct investigation or follow up.

(c) The mechanisms established by departments for handling complaints have been developed largely according to the guidelines issued by the Administration Wing. Therefore, the mechanisms being used by departments are broadly similar.

Ends/Wednesday, February 2, 2005

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