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 | What are the matters handled under the Redress System?
The Legislative Council Redress System is a system operated by the Legislative Council to receive and handle complaints from members of the public who are aggrieved by Government actions or policies. It also deals with public representations on Government policies and legislation as well as other matters of public concern.
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How does the Redress System operate?
In groups of six, Members take turns to be on duty each week to oversee the Redress System and to give guidance to staff of the Complaints Division of the Legislative Council Secretariat in processing cases. Members take turns to be on "ward duty" at the Public Complaints Office during their duty week to meet deputations and individual complainants with appointments. It is for Duty Roster Members to decide whether and when an interview should be arranged.
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| How is a complaint handled?
A complaint may be lodged with the Legislative Council Secretariat's Public Complaints Office
by phone, post, fax, e-mail, complaint form or in person. |
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Complaints Officer receives and
examines relevant information from the complainant. |
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| If allegation concerns matters within the jurisdiction of independent or statutory bodies (such as ICAC Complaints Committee, Independent Police Complaints Council, Administrative Appeals Board, etc.), complainant will be advised to lodge the complaint directly with those bodies. |
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| Complaints Officer obtains relevant information from the Government where necessary. |
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Members are unable to help if:
- the complaint is unjustified
- the original policy or decision of the Government is considered appropriate
- the remedy sought cannot be supported.
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| Complaints Officer examines the complaint in the light of Government policies and procedures. |
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If the complaint is justified, Members may:
- ask the Government to take remedial action;
and/or
- refer the issue to the relevant Legislative Council committee or raise the issue at a Legislative Council meeting, if a change in policy or law is considered necessary.
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| Members are reported on and complainants are informed of the outcome. |
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Note:
At any of the above stages, a Complaints Officer may consult Members where necessary.
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| How can requests for interview with Members be made?
All requests for interviews with Members at the Public Complaints Office of the Legislative Council Secretariat must be made in advance through the Public Complaints Office. It is for the Members to decide whether and when an interview should be arranged.
An interview between a Duty Roster Member and an individual client will normally be arranged within one week after the Public Complaints Office has obtained the relevant background information and comments from the Administration / public organization(s) on the complaint cases. For an interview between Duty Roster Members and a deputation, it will normally be arranged within 7 to 12 working days after receipt of the detailed submission on the issues raised.
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| What are the matters outside the scope of the Redress System?
- request for legal advice or legal services
- complaints against individual members of the Legislative Council and District Councils
- private disputes
- court decisions, matters which are sub judice or could involve criminal charges and matters relating to judicial or quasi-judicial proceedings
- complaints and matters which are handled by independent or statutory bodies (e.g. ICAC Complaints Committee, Independent Police Complaints Council, Administrative Appeals Board, etc.)
- labour disputes between individual employees and employers (except those of wide public concern or relating to discrimination of trade union leaders) and
- matters outside the jurisdiction of the Hong Kong Special Administrative Region
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For enquiry about the Redress System or to lodge a complaint, please contact the Public Complaints Office of the Legislative Council Secretariat.
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Opening hours |
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8:45 am - 6:00 pm (Monday - Friday) |
| Hotline |
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3919 3919 |
| Fax |
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2521 7518 |
| E-mail |
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complaints@legco.gov.hk
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| Address |
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Legislative Council Complex
1 Legislative Council Road
Central
Hong Kong
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The handling of personal data
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While the provision of your personal data is voluntary, the Public Complaints Office of the Legislative Council Secretariat may not be able to handle the complaint, if you refuse to provide your personal data.
The information of your complaint may be used for compilation of statistics on the number and nature of complaints received by the Public Complaints Office or summarized in a case summary to illustrate the significant cases handled by the Public Complaints Office. Your personal data will not be revealed in the outcome of the statistics or contents of the case summary.
You have a right to request access to and correction of personal data in accordance with the Personal Data (Privacy) Ordinance (Cap.486). A request for personal data access or correction should be made in writing, with relevant information to identify the case, to Administrative Assistant I (Complaints) at the following address -
Public Complaints Office of the Legislative Council Secretariat
G/F, Legislative Council Complex
1 Legislative Council Road
Central, Hong Kong
The Legislative Council Secretariat may charge a fee for supplying copies of such personal data to you.
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| Issues referred by DRMs to LegCo committees
From 1 October 2010 to 20 June 2011
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| Subject
| Panel/Committee
| Date of Panel/
Committee Meeting
| | (1) | Provision of barrier free access to footbridges and subways in Tai Po areas
| Welfare Services
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| | (2) | Policy on application for public rental housing by single persons
| Housing
| 24 November 2010*
| | (3) | Policy on operation of primary and secondary schools in the Islands District and rural areas
| Education
| 24 November 2010*
13 December 2010
| | (4) | Policy issues related to the regulation of private columbaria
| Food Safety & Environmental Hygiene
| 26 November 2010
| | (5) | Matters relating to the Registrations of Proprietary Chinese Medicines
| Health Services
| 7 December 2010*
17 January 2011
15 February 2011
| | (6) | Support services for families with members holding Two Way Permits
| Subcommittee to Study Issues Relating to Mainland-HKSAR Families
| 8 December 2010*
| | (7) | Policy issues related to the clearance of unauthorized balconies from old buildings
| Subcommittee on Building Safety and Related Issues
| 16 December 2010*
| | (8) | Mechanism for claiming damages caused due to the negative impact on feng shui brought about by public construction works
| Development
| 15 December 2010*
| | (9) | Overloading problem of dump trucks
| Subcommittee on Combating Fly-tipping
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| | (10) | Seven-year residence requirement under the Comprehensive Social Security Assistance Scheme
| Welfare Services
| 16 March 2011*
19 May 2011*
| | (11) | Review of the Samaritan Fund
| Health Services
Welfare Services
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| | (12) | Review of engineering measures for mitigating road traffic noise
| Environmental Affairs
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| | (13) | Issues related to the fare increase of outlying island ferry services
| Transport
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| | (14) | Issues related to provision of child care services and homework guidance in schools and discrimination against new Mainland immigrants
| Constitutional Affairs
Education
Welfare Services
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| | (15) | Issues related to the Lam Tin Interchange near Trunk Road T2 and Tseung Kwan O - Lam Tin Tunnel
| Transport
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| | (16) | Water seepage problem on private permises
| Development
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| | (17) | Occupational health of grassroot workers
| Manpower
Welfare Services
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| | (18) | Issues related to the Hong Kong Jockey Club Institute of Chinese Medicine
| Commerce and Industry
| 14 June 2011
| | (19) | Suspension of trading and subsequent buyback of derivative warrants issued by Goldman Sachs Structured Products (Asia) Limited
| Financial Affairs
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| | (20) | Issues related to the welfare and mechanism for adjusting prisoners' wages
| Security
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* Paper circulated to members
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| Complaint statistics
Between 1 October 2010 and 30 September 2011, the Complaints Division assisted Members in handling 1 576 cases. These comprised 259 group representatives and 1 317 individual cases.
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Highlight of complaint cases concluded in the fourth quarter of 2011
A total of 458 cases handled under the LegCo Redress System were concluded in the fourth quarter of 2011. This included 58 cases involving deputations and 400 individuals' cases. Some of these cases are outlined below:
| | (a) | Yau Tsim Mong District Council members (YTM DC members) sought Members' assistance to improve various aspects of the transport interchange (the interchange) at the Airport Express Kowloon Station. YTM DC members were dissatisfied with the ventilation and hygienic condition of the interchange. In spite of repeated complaints from residents nearby, there was no improvement. Moreover, YTM DC members opined that the improper design of at-grade road network and the bus terminus at the interchange had caused inconvenience to drivers, pedestrians, passengers and other users of the bus terminus.
Members held a case conference with the Administration to follow up on YTM DC members' concerns. In response, the Administration undertook to explore ways to enhance the operations of the ventilation system of the interchange. Apart from annual thorough cleaning, the Administration assured Members that it would also seek additional resources in the coming financial year to enhance the cleaning works for the louvres and exterior of the ventilation system at the interchange.
On the design of at-grade road network at the interchange, the Administration took note of YTM DC members' concern and proposed improvement option to relocate traffic lights from the concrete column to provide drivers with a clearer sightline. As for the design and traffic direction of the bus terminus, the Administration explained that the proposed swapping of the bus entrance and exit would entail demolition and reconstruction of the bus bays, passenger railings and existing passenger facilities (including ancillary facilities for the disabled). Owing to such a large scale of reconstruction works, the bus terminus might have to be closed down which would bring about much more inconvenience to users of the bus terminus, as well as other negative impacts on nearby residents. As such, the Administration did not intend to change the design and traffic direction of the bus terminals.
| | (b) | A group of warrant holders solicited Members' assistance regarding an incident in which the warrants they invested in was suspended from the market, as the issuer had discovered a manifest error in the Cash Settlement Amount Formulae in the initial launch announcements and supplemental listing documents. The formulae in the initial launch announcements and supplemental listing documents indicated that this would be done by multiplying the yen-denominated amount by the exchange rate whereas it should have been divided by the Exchange rate. The issuer held that the error in the formulae was both a technical and obvious error and they were permitted under the terms and conditions of the Warrants to correct this error. The issuer then announced compensation packages in which the warrant holders would be offered an additional 10% of the Buyback Value or acquisition cost, together with an administration fee of HK $ 5000.
The warrant holders were not satisfied with the compensation arrangements, claiming that the Buyback offer was not fair and reasonable. The "obvious error" was not so obvious if they had slipped the scrutiny of the vetting authorities. They also contended that the Administration, the Securities and Futures Commission (SFC) and the Stock Exchange of Hong Kong (SEHK) had done nothing to protect warrant holders' interests. Members took up the case with the Administration, SFC and SEHK in a case conference to discuss the claims.
Regarding the Buyback arrangement, Members considered that the warrant holders had suffered losses as they had stood great risks but did not get their deserved profit. The suspension of trading was a unilateral decision made by the issuer which was beyond the investors to intervene. SEHK explained that the warrants were suspended because there appeared to be a false and disorderly market. It was not appropriate to reward holders with a false market price. Also, SEHK had no legal power to impose compensation arrangements on the issuer. It offered the issuer general guidance it should follow in formulating a proposal. The present settlement proposal allowed investors to be compensated for the loss of a market, while retaining any rights they considered to have to challenge the validity of the correction in the courts.
As to the dispute on whether this mistake could be defined as an "obvious error", SEHK said that it had obtained legal advice that the correction was permitted under the terms of the Warrant Instrument. As there was a disputed argument on the definition of "obvious error", Members subsequently referred this subject to the relevant LegCo Panel to discuss on the policy and legislation. On the point why this "obvious error" had not been detected, SEHK said that it was an international practice for the issuer to take responsibility to ensure the integrity and accuracy of the documents issued to the public. SEHK was undertaking an investigation to inquire into the details of the whole incident. Meanwhile, steps had been taken to prevent recurrence of similar mistakes by requesting the issuers for a full review of their internal control, documentation procedures and their contingency plans.
As regarding the monitoring mechanism, the Administration explained that the three-tiered regulatory framework for monitoring derivative warrants had been working well for a long time. This incident per se had not reflected any deficiency in the investor protection measures with respect to derivative warrants.
| | (c) | The North District Council members solicited Legislative Council Members' assistance regarding their concerns on public rental housing (PRH) development in the North District and the provision of relevant supporting infrastructure and facilities. Members took up the case with the Administration in a case conference.
The Housing Department (HD) advised that the Hong Kong Housing Authority (HA) was currently developing PRH at Sheung Shui Area 36 West to provide about 1 400 PRH units scheduled for completion in 2014/2015. HA was also planning to develop PRH at Choi Yuen Road Sites 3 and 4 in Sheung Shui and Fanling Area 49, with the production of around 900 and 700 PRH units respectively, which were scheduled for completion in around 2017 to 2019. For the PRH developments at Choi Yuen Road Sites 3 and 4 in Sheung Shui and Fanling Area 49, the supporting infrastructure and facilities to be provided could only be confirmed upon completion of the concerned feasibility studies by HD. HA would make reference to the latest Hong Kong Planning Standards and Guidelines, consult relevant government departments and consider the views of the District Councils concerned and the local communities for the due provision of supporting infrastructures and facilities.
HD also advised that in the long run, the North East New Territories New Development Areas including Fanling North and Kwu Tung North would provide more land for housing development, including public housing development. HA would continue to liaise closely with relevant policy bureaux, Government departments, relevant District Councils and local communities to identify more suitable sites in different parts of the territory, including the North District for PRH development. HA would consider all viable sites, regardless of their sizes, for PRH development under the principle of optimal utilization of valuable land resources to maintain cost-effective and sustainable development.
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Duty Roster Members in the coming weeks
(as at 13.2.2012)
| 13.2.2012 – 17.2.2012
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Ir Dr Hon Raymond HO Chung-tai, SBS, S.B.St.J., JP
Hon LEE Wing-tat
Hon Jeffrey LAM Kin-fung, GBS, JP
Hon CHAN Hak-kan
Dr Hon LEUNG Ka-lau
Hon Alan LEONG Kah-kit, SC
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| 20.2.2012 – 24.2.2012
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Dr Hon Philip WONG Yu-hong, GBS
Hon Miriam LAU Kin-yee, GBS, JP
Hon Timothy FOK Tsun-ting, GBS, JP
Hon Audrey EU Yuet-mee, SC, JP
Hon Starry LEE Wai-king, JP
Dr Hon PAN Pey-chyou
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| 27.2.2012 – 2.3.2012
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Hon LEE Cheuk-yan
Hon Andrew CHENG Kar-foo
Hon WONG Ting-kwong, BBS, JP
Hon Ronny TONG Ka-wah, SC
Hon Paul CHAN Mo-po, MH, JP
Hon WONG Yuk-man
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| * | This roster is subject to variation without prior notice.
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| * | All requests for interviews with Members at the Public Complaints Office of the Legislative Council Secretariat MUST be made in advance through the Public Complaints Office (Hotline : 3919 3919). It is for the Members to decide whether and when an interview should be arranged.
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| * | An interview between a Duty Roster Member and an individual client will normally be arranged within one week after the Public Complaints Office has obtained the relevant background information and comments from the Administration / public organization(s) on the complaint cases. For an interview between Duty Roster Members and a deputation, it will normally be arranged within 7 to 12 working days after receipt of the detailed submission on the issues raised.
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