THE GOVERNMENT MINUTE IN RESPONSE TO THE ANNUAL REPORT OF THE OMBUDSMAN 2014 Government Secretariat 10 December 2014 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 and Food and Environmental Hygiene Department 3 Buildings Department 6 Buildings Department and Fire Services Department 12 Buildings Department and Food and Environmental Hygiene Department 16 Buildings Department and Lands Department 23 Buildings Department, Food and Environmental Hygiene Department and Lands Department 41 Buildings Department, Lands Department and Office of the Communications Authority 53 Companies Registry 57 Correctional Services Department 60 Customs and Excise Department 65 Development Bureau and Lands Department 67 Education Bureau 70 Environmental Protection Department 77 Environmental Protection Department and Food and Environmental Hygiene Department 84 Environmental Protection Department and Lands Department 87 Environmental Protection Department, Food and Environmental Hygiene Department and Lands Department 91 Equal Opportunities Commission and Hospital Authority 99 Estate Agents Authority 104 Estate Agents Authority and Transport and Housing Bureau 109 Fire Services Department 113 Fire Services Department and Buildings Department 116 Fire Services Department and Lands Department 119 Food and Environmental Hygiene Department 122 Food and Environmental Hygiene Department and Buildings Department 164 Food and Environmental Hygiene Department and Environmental Protection Department 191 Food and Environmental Hygiene Department and Lands Department 193 Food and Environmental Hygiene Department, Buildings Department and Housing Department 214 Food and Environmental Hygiene Department, Environmental Protection Department and Drainage Services Department 222 Food and Environmental Hygiene Department, Environmental Protection Department and Lands Department 225 Food and Environmental Hygiene Department, Lands Department and Fire Services Department 230 Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit) and Housing Department 232 Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit) and Lands Department 235 Government Secretariat – Chief Secretary for Administration’s Office (Efficiency Unit), Transport Department and Buildings Department 240 Highways Department and Home Affairs Department 244 Home Affairs Bureau 246 Home Affairs Department 248 Home Affairs Department and Hong Kong Housing Society 261 Home Affairs Department, Food and Environmental Hygiene Department and Lands Department 264 Hospital Authority 266 Housing Department 275 Lands Department 284 Lands Department, Buildings Department and Planning Department 294 Lands Department, Food and Environmental Hygiene Department and Home Affairs Department 298 Legal Aid Department 303 Leisure and Cultural Services Department 306 Leisure and Cultural Services Department and the Treasury 321 Marine Department 324 Office of the Privacy Commissioner for Personal Data 327 Radio Television Hong Kong 334 Rating and Valuation Department 339 Rating and Valuation Department and Inland Revenue Department 341 Social Welfare Department 344 Social Welfare Department, Food and Environmental Hygiene Department and Lands Department 357 Transport Department 360 Transport and Housing Bureau and Transport Department 374 Vocational Training Council 381 Part III – Responses to recommendations in direct investigation cases Buildings Department 383 Constitutional and Mainland Affairs Bureau 386 Department of Health 391 Food and Environmental Hygiene Department 395 Government Secretariat – Chief Secretary for Administration’s Office (Government Records Service) 400 Transport Department 408 THE GOVERNMENT MINUTE IN RESPONSE TO THE ANNUAL REPORT OF THE OMBUDSMAN 2014 Introduction The Chief Secretary for Administration presented the Annual Report of The Ombudsman 2014 (the Annual Report) to the Legislative Council at its sitting on 2 July 2014. This Government Minute sets out the Government’s response to the Annual Report. This Minute 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 those cases with recommendations made through The Ombudsman’s full investigation and direct investigation respectively. 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 and improvement measures suggested by The Ombudsman for raising the efficiency and quality of Government services. 2. The Ombudsman summarised six direct investigation and 321 full investigation cases in the Annual Report. This Minute responds to the six direct investigation and 111 full investigation cases in which recommendations were made by The Ombudsman. Among a total of 283 recommendations made by The Ombudsman, save for a few exceptions, Government departments and relevant public bodies have accepted all recommendations from The Ombudsman and taken or is 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. We agree with the comments made in The Ombudsman’s Review that freedom of information is the bedrock for an open and accountable public sector. The Government will proactively improve the prevailing access to information regime so as to enhance the accountability and transparency of the Government; and is determined to take necessary actions to further improve the existing records management system, so as to manage and keep public records with archival value properly. 2 Part II – Responses to recommendations in full investigation cases Architectural Services Department and Food and Environmental Hygiene Department Case No. 2013/0063A (Architectural Services Department) – Delay in re-opening a refuse collection point Case No. 2013/0063B (Food and Environmental Hygiene Department) – (1) Delay in re-opening a refuse collection point; and (2) Failing to tackle the environmental nuisance caused by refuse dumped outside the refuse collection point Background 4. A refuse collection point (RCP) had been closed for two to three years, though the works there had long been completed. In late 2012, the complainant enquired about the matter and Food and Environmental Hygiene Department (FEHD) replied that Architectural Services Department (ArchSD) had not responded to its repeated requests to have the RCP re-opened. 5. The complainant was dissatisfied that the two departments had delayed re-opening the RCP and that FEHD had failed to tackle the environmental nuisance caused by refuse dumped outside the RCP. The Ombudsman’s observations Allegation (a) 6. Despite the minor nature of the works, the RCP had been closed from mid-2009 to early 2013. The delay was primarily due to prolonged inattention on the part of ArchSD, the project coordinator, aggravated by its appointment of the inexperienced and incompetent contractor. 7. As user department, FEHD should also have shown greater concern and put more pressure on ArchSD. 3 8. In the light of the above, The Ombudsman considered allegation (a) against ArchSD and FEHD substantiated. Allegation (b) 9. As dumping of construction waste and bulky furniture outside the RCP persisted, we considered that FEHD should have enhanced its measures much earlier to tackle the problem. The Ombudsman therefore found allegation (b) against FEHD partially substantiated. 10. Overall, the complaint was substantiated. The Ombudsman recommended that – ArchSD (a) Select consultants and contractors more carefully to ensure their competence; (b) remind staff of the need to step in quickly for solutions to problems; and FEHD (c) take reference from this case and monitor more closely the progress of works projects relating to its facilities. Administration’s response 11. ArchSD accepted The Ombudsman’s recommendations and has taken the following actions – (a) To ensure the competence of selected contractors and consultants, staff have been reminded to truly reflect the performance of contractors and consultants in their performance reports as these reports will be duly considered in the assessment of their competence during future selection of contractors and consultants; and (b) staff have been reminded of the need to step in quickly to explore practical solutions when contractors are found incapable of solving major problems encountered. In addition, the internal reporting system has been enhanced such that more 4 critical projects are monitored by senior management. 12. FEHD accepted The Ombudsman’s recommendation and has reminded its district staff to closely monitor the progress of works/maintenance projects relating to cleansing facilities in hand by issuing reminders to ArchSD at suitable intervals. For projects processed through the Department’s Planning and Development Section, which FEHD would actively monitor the progress of each project, district staff have been reminded to alert the Planning and Development Section of any possible slippage so that it may liaise closely with the