Our Work & Reports
Direct Investigation
Section 7(1)(a)(ii) of The Ombudsman Ordinance (Cap. 397):
The Ombudsman may investigate any action taken by or on behalf of an organisation set out in Part 1 of Schedule 1 in the exercise of her administrative functions, in any case where notwithstanding that no complaint has been made to her, she is of the opinion that any person may have sustained injustice in consequence of maladministration in connection with that action.
Considerations for Initiating Direct Investigation
Major considerations for initiating a direct investigation include:
- whether the matter involved is of significant public interest and concern
- whether a complaint will otherwise not be actionable, e.g. it is made anonymously or not by an aggrieved person, where the matter is nevertheless of significant concern to The Ombudsman because of the magnitude or seriousness of the maladministration that may be involved
- whether there is room for improving public administration or addressing systemic deficiencies
- whether the time is opportune, weighing the consequences of not doing so among other priorities
- whether there is duplication of efforts from other authorities
Procedure for launching direct investigation
Before deciding whether or not to launch a direct investigation, we may conduct a preliminary inquiry. If the inquiry points to the need for further study, we will formally notify the head of the organisation concerned of our launch of direct investigation. Where the circumstances warrant, we may launch a direct investigation without conducting a preliminary inquiry.
Latest Reports
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April 2023
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December 2021
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December 2015
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June 2014
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October 2013
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Full Investigation
A full investigation is conducted if a complaint is complex, especially if it involves issues of principle, systemic flaws, gross injustice or serious maladministration. After thorough investigation, we will produce a full investigation report with our findings and comments, and where applicable, our recommendations for possible remedies or improvements.
Latest Reports
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April 2023
Arrangements by 1823 and Transport Department for handling public email sent to the department during the epidemic
March 2023
Electrical and Mechanical Services Department’s handling of a report of electrical unsafety
January 2023
Handling of illegally parked bicycles at an uncovered Public Transport Interchange by the Home Affairs Department, Transport Department and Lands Department
January 2023
Housing Department’s enforcement actions against unauthorised laundry racks installed by public housing tenants
November 2022
Employees Retraining Board’s guidelines on and definition of the term “highest educational attainment” in the course application form
November 2022
Health Bureau’s handling of a report of suspected contraventions of Prevention and Control of Disease Ordinance and subsidiary legislation
November 2022
Leisure and Cultural Services Department’s new measures for booking of sports venues
November 2022
Post Office and the then Food and Health Bureau’s implementation of declaration of non-local COVID-19 vaccination records at designated post offices
October 2022
Food and Environmental Hygiene Department’s enforcement actions against of unlicensed restaurants
September 2022
Education Bureau’s arrangements for resumption of full-day face-to-face classes during the COVID-19 epidemic
September 2022
Department of Health’s handling of a complaint about a residential building being mistakenly put on the list of buildings with infection cases of COVID-19
July 2022
Buildings Department’s monitoring of repair works by consultant and contractor under the Mandatory Building Inspection Scheme
June 2022
Transport Department’s handling of an application for motor cycle learner’s driving licence
April 2022
Enforcement against the irregularities of a plastics recycling yard by Environmental Protection Department, Planning Department, Lands Department and Buildings Department
March 2022
Transport Department’s handling of a media organisation’s application for a Certificate of Particulars of Vehicle
January 2022
Handling of a large-scale compulsory quarantine exercise by Department of Health and Civil Aid Service
January 2022
Food and Environmental Hygiene Department’s failure to provide oath-taking or declaration services for hawker licensing matters
December 2021
Publicity about minibus section fares under the Government Public Transport Fare Concession Scheme for the Elderly and Eligible Persons with Disabilities by Labour and Welfare Bureau and Transport Department
November 2021
Lands Department’s handling of occupation of Government land by an arch canopy
November 2021
Housing Department’s processing of applications for “Priority Scheme for Families with Elderly Members”
July 2021
Food and Environmental Hygiene Department’s handling of illegal extension of shops and fixed hawker pitches and accumulation of polyfoam boxes
June 2021
Education Bureau’s handling of a complaint about withdrawal from religious study
June 2021
Ineffective enforcement of Food and Environmental Hygiene Department against obstruction of passageways by a market stall
May 2021
Lands Department’s continual renewal of a short-term tenancy of a Government Land for dangerous goods storage
April 2021
Home Affairs Bureau’s arrangements for convening the NGO Forum on Community Development
January 2021
Drawing up and publishing guidelines on dangerous goods vehicles by Fire Services Department and Labour Department
January 2021
Handling of on-pavement construction materials/demolition materials by Food and Environmental Hygiene Department, Lands Department and Highways Department
December 2020
Immigration Department’s handling of a request by newspaper journalists for search of marriage record of two persons and to obtain a certified copy of their marriage certificate
December 2020
Food and Environmental Hygiene Department failing to resolve obstruction problem caused by illegal extension of shops
September 2020
Regulating cages of carton recycler occupying public places by Food and Environmental Hygiene Department and Lands Department
July 2020
Conveyance of air mail by surface route by Post Office due to the coronavirus pandemic
July 2020
Procedures of Food and Health Bureau and Development Bureau for engaging contractors to build a quarantine centre
June 2020
Immigration Department’s handling of application for search of marriage records in Hong Kong and birth registration records by a newspaper journalist
June 2020
Handling of wild pig nuisance by Agriculture, Fisheries and Conservation Department
May 2020
Complaint against Development Bureau for failing to assume responsibility for preserving some heritage items
May 2020
Complaint against Water Supplies Department: An incident of anomaly in drinking water quality in a housing estate
May 2020
Inadequacy in Transport Department's Procedures for Vehicle Particulars Certificate Applications
April 2020
Airport Authority's airport management and contingency measures taken to safeguard interests of passengers
April 2020
Handling by Social Welfare Department of a complaint against a residential care home for the elderly
April 2020
Agriculture, Fisheries and Conservation Department’s handling of a report on police officers’ alleged violation of Prevention of Cruelty to Animals Ordinance by sending a police dog to the scene where tear gas was used
March 2020
Complaint against Food and Environmental Hygiene Department and Lands Department about the handling of prolonged occupation of a bicycle parking space by a suitcase
March 2020
Handling by Food and Health Bureau, Food and Environmental Hygiene Department, Lands Department and Highways Department of unauthorised display and affixing of bills and graffiti in public places
January 2020
Housing Department failing to inform complainant that some pipeworks of his flat were located at the flat below such that he had not requested related pre-sale maintenance before he purchased the flat under the Tenants Purchase Scheme
January 2020
Housing Department issued Flat Selection Notification twice under different schemes
December 2019
Complaint against Food and Environmental Hygiene Department for failing to properly handle the hygiene problem caused by roadside car washing activities of car washing shops
November 2019
Mishandling query and request repeatedly by The Joint Office for Investigation of Water Seepage Complaints
November 2019
Correctional Services Department failed to use video-recording equipment to collect evidence when an inmate was suspected of violating discipline
October 2019
Complaint against Hospital Authority about dispensing arrangements at St. John Hospital
September 2019
Complaint about blindly granting more time to mini-storage premises operators to abate fire hazards and failing to inform the public of those non-compliant mini-storage premises
August 2019
Omission by Department of Health and Social Welfare Department to include persons with disabilities receiving Comprehensive Social Security Assistance as an eligible group under the Vaccination Schemes
July 2019
Complaint against Agriculture, Fisheries and Conservation Department and Hospital Authority for improper handling of a dog biting incident in which the complainant was injured
June 2019
Complaint against Education Bureau for delay in provision of hearing aid fitting services
June 2019
Handling by Agriculture, Fisheries and Conservation Department of a dog arriving in Hong Kong from Thailand
May 2019
Complaint about imposition of unreasonable requirements for compliance by the mini-storage industry
April 2019
Complaints against the Post Office and Rating and Valuation Department for Discontinuation of Postal Service to an Address in a Village in the New Territories
October 2018
Transport Department’s Improper Arrangement for Implementation of Two-way Toll Collection at the Lantau Link That Caused Serious Traffic Congestion
April 2018
Handling of a Complaint by Highways Department and Labour Department about Inadequate Safety Measures for Lifting Operations in a Government Infrastructure Project
November 2017
Handling of an Application for Housing Transfer by Social Welfare Department and Housing Department
December 2016
Complaints against Buildings Department for Defective Follow-up Actions on Removal Orders
January 2016
Handling of Food Safety Complaints by Food and Environmental Hygiene Department
September 2015
Complaint against Food and Environmental Hygiene Department for Delay in Collecting Food Sample for Testing
January 2015
Complaint against Airport Authority for Mishandling Enquiries about CCTV System
October 2014
Food and Environmental Hygiene Department’s arrangements in allocating columbarium niches
October 2014
Water Supplies Department and Lands Department for refusal to take over and maintain waterworks in Government road areas
Cases on Code on Access to Information
The Ombudsman Ordinance gives us mandate to investigate matters concerning the performance of Government departments/public organisations under the Government’s Code on Access to Information (“Code”), including public complaints about their non-compliance with the Code.
By publishing these selected Code-related complaint cases that we have investigated, we hope the public can better understand their right to information kept by Government departments/public organisations. We also expect Government departments and public organisations to learn from these cases and avoid unreasonably refusing to disclose information. Our goal is to eventually develop these into a repository of reference materials on the subject of access to information.
Selected Cases
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November 2022
Financial Services and the Treasury Bureau refusing to provide information on allocations of Hong Kong Growth Portfolio of Future Fund
September 2022
Planning Department refusing to provide assessment reports for a strategic study
June 2022
Security Bureau, Immigration Department, Customs and Excise Department, Correctional Services Department, Fire Services Department, Hong Kong Police Force and Government Flying Service failing to provide statistics on disciplined services staff’s acceptance of advantages
May 2022
Education Bureau’s refusal to provide the number of dropouts and dropout rate of primary schools in Hong Kong
May 2022
Home Affairs Department, Transport and Housing Bureau and Lands Department being late in responding to a request
March 2022
Transport Department’s handling of a media organisation’s enquiry about application procedures for Certificate of Particulars of Vehicle
November 2021
FEHD refused to disclose the full report on the Site Selection Feasibility Study of the Tin Shui Wai public market
September 2021
HKPF refused to provide copies of donation records of Police Welfare Fund (Case 1) and donation information of Police Children’s Education Trust and Police Education and Welfare Trust (Case 2)
August 2021
CEDB’s handling of request for the list of members of the dedicated team for reviewing the governance and management of RTHK
June 2021
DH refused to disclose the voting results and advice of its two Scientific Committees and Government’s Expert Advisory Panel on COVID-19 vaccine procurement by Government
April 2021
HKPF refused to provide information about fixed penalty notices issued pursuant to two subsidiary regulations under the Prevention and Control of Disease Ordinance
September 2020
GLD refused to provide information about distribution of Personal Protection Equipment between 2017 and 2019
August 2020
SWD refused to provide the number of “places of agency quota” of a residential care home for the elderly
August 2020
CSD refused to provide information about sale of its manufactured masks to non-governmental organisations between 2017 and 2019
July 2020
SB refused to disclose information regarding the written submissions received by the Government on the proposed amendments to the Mutual Legal Assistance Ordinance and the Fugitive Offenders Ordinance
June 2020
HKPF refused to provide the costs and particulars of tear gas rounds procured between 2014 and 2019
June 2020
HKPF's refusal to disclose the composition and brands of tear gas rounds used and coloured solution sprayed by specialised crowd management vehicles
March 2020
HKPF refused to provide the names and identification numbers of police officers engaged in certain operations
March 2020
HKPF refused to provide information relating to procurement and disposal of tear gas rounds
February 2020
DEVB refused to provide tenancy agreements for two revitalisation projects of historic buildings
December 2019
JA refusing to provide information about the dates of taking the Judicial Oath for assuming office of three judges and names of the officers administering their oath
November 2019
Complaint against BD for refusing to provide investigation reports and other relevant information about alleged defective waste water pipes on the complainant’s premises
September 2019
Complaint of delay and excessive masking in providing a report on traffic and transport impact assessment
August 2019
TD refused to provide the list of tenderers and selection result of operators of three new franchised bus routes
May 2019
Complaint against OFCA for refusing to provide the service options menus of its telephone hotline voice system
February 2019
TD refused to provide the Code of Practice for the examination of private cars and light goods vehicles at designated car testing centres
February 2019
Complaint against Lands Department for refusing to disclose the amounts of premium and administration fee paid by an applicant for change of land use who was granted a waiver in the form of a letter of no objection
January 2019
LCSD refused to provide the investigation report submitted by a sports association and the list of members of an investigation panel
December 2018
CSD failed to provide Mr A with various items of information related to his complaints against CSD in a timely manner
September 2018
ICAC refused to provide Mr B with documents related to his complaints against ICAC officers (“the Documents”)
July 2018
HAD refused to provide an unabridged version of the Model Rules for Rural Committee Elections and the Constitutions of all Rural Committees
April 2018
SWD refused to provide Mr C with the manual on its Comprehensive Social Security Assistance (“CSSA”) Scheme (“CSSA Manual”) and had delay in responding to his information request
January 2018
CSD refused to provide information on complaints about use of unnecessary force by officers of its correctional institutions
April 2017
REO refused to provide the complainant with statistics of the 2016 Legislative Council Election
March 2017
LCSD refused to disclose the full text of a deed that it had signed with a company on the management of a waterfront promenade
January 2017
HD refused to provide a tenant with rental information relating to other tenants in its factory estate
December 2016
Leisure and Cultural Services Department failed to provide tree inspection report
February 2016
Constitutional and Mainland Affairs Bureau refused to provide records and details of the Government’s discourse with various political groups and Legislative Council Members on the 2015 political reform package
February 2016
Leisure and Cultural Services Department refused to release its tree inspection reports
November 2015
Lands Department refused to provide Mr A with the personal data of an individual who had expressed an opinion on the Department’s proposal
November 2015
Housing Department refused Mr A’s request for the management and maintenance records and CCTV footage of an estate shopping mall
October 2015
Correctional Services Department erased the names of health care personnel from the medical records provided to Mr A
September 2015
Marine Department refused to provide Mr A with the list of members of its Disciplinary Panel
August 2015
Government Property Agency refused Mr A’s request for the full investigation report regarding a noise nuisance complaint prepared by a property management company (“the Company”) engaged by Government Property Agency
February 2015
The Food and Health Bureau refused to provide information pertaining to its meeting in Chengdu with the State General Administration of Quality Supervision, Inspection and Quarantine on updating the list of pesticide residues in food under the relevant legislation
January 2015
The Narcotics Division refused to provide information regarding its opinion polls on the RESCUE Drug Testing Scheme
May 2014
The Education Bureau refused to disclose the days on which it had inspected the premises suspected to be used as an unlicensed tutorial centre
December 2013
The Drainage Services Department refused to provide the investigation report on a road subsidence case