HOW DOES THE LEGISLATIVE COUNCIL HANDLE COMPLAINTS FROM THE PUBLIC
LEGISLATIVE COUNCIL IN BRIEF    NO. 9

The Basic Law stipulates that the Legislative Council of the Hong Kong Special Administrative Region (“HKSAR”) shall receive and handle complaints from Hong Kong residents. The Legislative Council operates the Redress System to fulfill this constitutional function. The Legislative Council Secretariat provides support service to assist Legislative Council Members to deal with complaints lodged by the public under the Redress System.

MATTERS HANDLED UNDER THE REDRESS SYSTEM

The Legislative Council operates the Redress System 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.

OPERATION OF THE REDRESS SYSTEM

In groups of seven, Members take turns to be on duty each week to oversee the Redress System and to provide guidance to staff of the Public Complaints Office of the Legislative Council Secretariat in processing cases. Members take turns to be on "ward duty" 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.

MATTERS OUTSIDE THE SCOPE OF THE REDRESS SYSTEM

The following matters fall outside the scope of the Redress System:

  • requests 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 (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 HKSAR.

The Basic Law stipulates that the Legislative Council of the Hong Kong Special Administrative Region shall receive and handle complaints from Hong Kong residents.The Basic Law stipulates that the Legislative Council of the Hong Kong Special Administrative Region shall receive and handle complaints from Hong Kong residents.

COMPLAINT HANDLING PROCESS

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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Complaints Officer examines the complaint in the light of Government policies and procedures.
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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; or
  • the remedy sought cannot be supported.
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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 Council meeting, if a change in policy or law is considered necessary.
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The outcome will be reported to Members and made known to the complainants.
Note:
At any of the above stages, a Complaints Officer may consult Members where necessary.
Legislative Council Secretariat
Education Service Team
www.legco.gov.hk
Jan 2018

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