THE GOVERNMENT MINUTE IN RESPONSE TO THE ANNUAL REPORT OF THE OMBUDSMAN 2017 Government Secretariat 24 January 2018 Table of Content Page Introduction 1 Part I – Responses to Issues presented in the section The Ombudsman’s Review of the Annual Report 2 Part II – Responses to recommendations in full investigation cases Architectural Services Department, Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit) and Leisure and Cultural Services Department 4 Buildings Department 11 Buildings Department and Food and Environmental Hygiene Department 21 Buildings Department and Lands Department 27 Buildings Department, Food and Environmental Hygiene Department and Lands Department 32 Consumer Council 36 Department of Health 38 Department of Health and Labour Department 43 Department of Justice and Fire Services Department 48 Department of Justice and Working Family and Student Financial Assistance Agency 53 Drainage Services Department, Environmental Protection Department and Home Affairs Department 57 Electrical and Mechanical Services Department 61 Environmental Protection Department 64 Equal Opportunities Commission 67 Fire Services Department 71 Food and Environmental Hygiene Department 74 Food and Environmental Hygiene Department and Lands Department 135 Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit) 140 Government Secretariat – Education Bureau 142 Highways Department, Home Affairs Department and Lands Department 154 Highways Department and Social Welfare Department 157 Home Affairs Department 160 Hong Kong Monetary Authority 162 Housing Department 165 Information Services Department 177 Labour Department 190 Lands Department 192 Lands Department and Planning Department 196 Leisure and Cultural Services Department 201 Office of the Communications Authority 212 Official Receiver’s Office 216 Planning Department 218 Post Office 220 Radio Television Hong Kong 224 Social Welfare Department 229 Transport Department 245 Part III – Responses to recommendations in direct investigation cases Development Bureau 271 Education Bureau 280 Food and Health Bureau 292 Highways Department, Development Bureau and Home Affairs Department 297 Housing Department 303 Lands Department 318 Leisure and Cultural Services Department 325 Marine Department 336 Transport Department and Labour and Welfare Department 343 THE GOVERNMENT MINUTE IN RESPONSE TO THE ANNUAL REPORT OF THE OMBUDSMAN 2017 Introduction The Chief Secretary for Administration presented the Annual Report of The Ombudsman 2017 (the Annual Report) to the Legislative Council at its sitting on 5 July 2017. This Government Minute sets out the Government’s response to the Annual Report. It comprises three parts – Part I responds generally to issues presented in the section The Ombudsman’s Review of the Annual Report; Parts II and III respond specifically to the recommendations made by The Ombudsman in respect of the full investigation and direct investigation cases in the Annual Report. 1 Part I – Responses to Issues presented in the section The Ombudsman’s Review of the Annual Report The Government takes note of The Ombudsman’s remarks and appreciates The Ombudsman’s continuous efforts in raising the quality of service and standard of governance in the public sector. We welcome the recommendations made by The Ombudsman for raising the efficiency and quality of public services. 2. The Ombudsman summarised 11 direct investigation and 218 full investigation cases in the Annual Report. This Minute responds to the 11 direct investigation and 95 full investigation cases in which recommendations were made by The Ombudsman. The vast majority of the 254 recommendations made by The Ombudsman were accepted by the government departments and public bodies concerned, and they have taken or are taking various measures to implement those recommendations. The Government will continue to strive for quality public services in a positive, professional and proactive manner. 3. In The Ombudsman’s Review of the Annual Report, The Ombudsman referred to occasional queries raised by members of public as to the effectiveness of her Office (the Office) in enhancing public administration. The power of the Office lies in investigation, reporting against maladministration and making recommendations for improvement. Government departments are receptive to the Office’s advice, as evident from the acceptance rate of the recommendations made by the Office over the years. The Government appreciates the diligence and dedication of the Office in its role as an independent watchdog of public administration, and will continue to collaborate with the Office in tackling both persistent problems and new challenges. 4. The Ombudsman also reiterated her concern about the progress in implementing her Office’s recommendations on improving the freedom of access to information and public records management regime in Hong Kong. The Government has seen a significant increase in the number of requests for access to information in recent years. Reaffirming our commitment to complying with the Code on Access to Information, the Government has taken measures to promote public awareness and step up relevant training for public officers. The Government also places great importance on the integrity of 2 Government records. The Law Reform Commission has set up sub-committees to study the issues of access to information and archives law, including possible enactment of relevant legislation. The Government will carefully examine and follow up any recommendations from the Commission. 5. As The Ombudsman has been pleased to note, the Government has agreed to introduce an apology legislation. The Apology Ordinance (Cap. 631) was passed by the Legislative Council on 13 July 2017 and has entered into effect on 1 December 2017. This encouraging development reflects the effectiveness of the Office as a catalyst for change, as well as the receptiveness of the Government to recommendations from the Office. Government departments will continue to be forthcoming in extending apologies where due. 3 Part II – Responses to recommendations in full investigation cases Architectural Services Department, Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit) and Leisure and Cultural Services Department Case No. 2016/1771A(I) (Leisure and Cultural Services Department) – Refusing to admit its fault of installing three removable bollards on an emergency vehicular access and failing to comply with the timeframe as set out in the Code on Access to Information in replying to the complainant’s information requests and requests for review Case No. 2016/1771B (Architectural Services Department) – Wrongly installing three removable bollards on an emergency vehicular access Case No. 2016/1771C(I) (Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit)) – Failing to comply with the timeframe as set out in the Code on Access to Information when replying to the complainant’s information requests Background 6. The complainant was a user of a park (the Park) managed by Leisure and Cultural Services Department (LCSD). He suspected that a path near a new building in the Park (the Path) was part of an emergency vehicular access (EVA) of the Park leading to the soccer pitch and was worried that the removable bollards installed there would adversely affect the provision of emergency services to users of the soccer pitch. The complainant was dissatisfied with LCSD for – (a) refusing to admit its fault of installing three removable bollards on an emergency vehicular access in the Park; (b) failing to comply with the response time frame set out in the Code on Access to Information (the Code) when replying to his information access requests; and 4 (c) delay in replying to his requests for review of his complaint about non-compliance of the Code without reasonable ground. 7. With the consent of the complainant, the Office of The Ombudsman (the Office) extended its investigation to include the Architectural Services Department (ArchSD) under allegation (a) and 1823 Call Centre (1823) of the Efficiency Unit (EU) under allegation (c). The Ombudsman’s observations Allegation (a) 8. The Office appreciated that park management of LCSD had not been informed of the change of the EVA and it was not unreasonable for park management to rely on ArchSD for the technical propriety of the proposed works. Nevertheless, as the need to install the bollards arose from the users of the cultural facilities nearby, it would be desirable for the park management to have first communicated with the LCSD Cultural Services Branch before conducting the proposed works. The Ombudsman considered allegation (a) against LCSD partially substantiated. 9. ArchSD, being the works and maintenance agent of the Park, was responsible for updating the EVA layout signage of the Park when alteration works to the Park affecting the existing EVAs were carried out. The EVA signage erected at the Path was installed during the construction of the new building, which was designed and supervised by a consultant employed by ArchSD. However, a small section of the EVA covering the Path was missed out on the EVA signage. Based on the incomplete information shown on the EVA signage and without checking the EVA layout plans approved by the Fire Services Department, ArchSD confirmed to LCSD that the Path was not part of an EVA of the Park and proceeded with the installation works. 10. The Office noted that ArchSD