Synopsis of Cases under Formal Investigation by The Ombudsman. I. Cases brought forward from the 4th quarter of 97

Transcription

1 Table 3 (P. 1) Synopsis of Cases under Formal Investigation by The Ombudsman I. Cases brought forward from the 4th quarter of 97 Objection against proposed construction of a refuse collection point at Tung Yan Court L/M (928) in HD(CR) 1/125 - OMB 1997/1892 Final Results Reports issued in March 1998 in which the case has been concluded as partially substantiated. Pursuant to the recommendation of The Ombudsman, the Department is considering drawing up guidelines for consulting parties directly affected by the construction of any proposed Refuse Storage Areas in their close proximity. Unreasonable deletion of name from the tenants register L/M (964) in HD(CR) 1/125 - OMB 1997/2136 Draft Results Report issued in June 1998 in which the case has been initially concluded as partially substantiated. The Department has commented on the report and the outcome is awaited. II. Cases brought forward from the 1st quarter of 98 Mishandling of application for inheritance of tenancy L/M (981) in HD(CR) 1/125 - OMB 1997/2619

2 Table 3 (P. 2) Final Results Report issued in June 1998 in which the case has been concluded as partially substantiated. The Ombudsman recommended the Department to review the procedures on handling of inheritance application and to facilitate those residents with special need. Noise nuisance caused by pumping system at Yat Hei House, Tung Hei Court L/M (994) in HD(CR) 1/125 - OMB 1997/2520 Final Results Report issued in May 1998 in which the case has been concluded as not substantiated. The Department and The Incorporated Owners (IO) have reached a mutual agreement to install additional insulation between the water pipes and the pipe brackets. The Department will arrange for the works to be carried out and the IO will bear the cost. Unreasonable deletion of name from the tenants register L/M (1015) in HD(CR) 1/125 - OMB 1998/0129 Final Results Reports issued in May 1998 in which the case has been concluded as not substantiated. Complaints related to purchase of undersized flats at Verbena Heights L/M (1017) in HD(CR) 1/125 - OMB 1997/2431 & 2434

3 Table 3 (P. 3) The complainant was neither the own nor family member of the subject flat at Verbena Heights. Reply has been furnished to The Ombudsman in February Findings of the investigation are awaited. Mishandling of a case on reported loss of a dog in Kai Yip Estate L/M (1023) in HD(CR) 1/125 - OMB 1998/0227 Final Results Report issued in July 1998 in which the case has been concluded as partially substantiated. Pursuant to the recommendation of The Ombudsman, the Department is considering issuing guidelines on handling report of loss for the security guards and estate staff to comply with. Delay in contracting out of estate management services in Hong Lam Court L/M (1025) in HD(CR) 1/125 - OMB 1998/2673 Final Results Report issued in June 1998 in which the case has been concluded as not substantiated. Poor timing on the launching of the Tenants Purchase Scheme, resulting in some HOS Phase 19B buyers being able to seek a refund of deposit (while others cannot) L/M (1030) in HD(CR) 1/125 - OMB 1997/2710 & 2711

4 Table 3 (P. 4) The complainant is a Green Form applicant who has purchased an HOS flat under Phase 19B. As not all the Green Form buyers of HOS Phase 19B were allowed to rescind the purchase and receive a refund of their deposit, the complainant claimed that it was due to the improper schedule for the announcement of the Tenant Purchase Scheme. Results of the investigation are awaited. Mishandling of the application made by Hiu Lai Court Owners Committee for the allocation of an office premises L/M (1031) in HD(CR) 1/125 - OMB 1998/0138 Each court should only have one owners organisation. As the Owners Committee (against the Owners Association) could not submit documentary evidence to support its application, the application was turned down. The office premises was granted to the Owners Association before the Committee re-submitted its application. Results of the investigation are awaited. Not informing the complainant prior to the purchase of a flat at Verbena Heights that the development did not fall under the HOS and hence the more favorable mortgage interest rate for HOS did not apply L/M (1033) in HD(CR) 1/125 - OMB 1997/2436 Final Results Report issued in May 1998 and the case has been concluded as not substantiated. Maladministration relating to the clearance of squatters in Hung Shek Road, Yuen Long L/M (1041) in HD(CR) 1/125 - OMB 1998/0184

5 Table 3 (P. 5) Residents of Shek Po Tsuen complained that the Department did not inform the owners of the clearance of structures in Hung Shek Road and the reasons for postponing the clearance date, and did not respond to the residents letter referred by Yuen Long District Office. Draft Results Report issued in June 1998 in which the case has been initially concluded as partially substantiated. Comments on the Report has been furnished to The Ombudsman in July Differential treatment to tenants in public housing estates under TPS by allowing them to rescind the purchase of HOS/PSPS flats with a refund of deposit L/M (1042) in HD(CR) 1/125 - OMB 1998/0222 and 1997/ The complaint involved a group of 9 complainants. The Ombudsman closed the cases on 6 complainants and the outcome of the remaining 3 is awaited. Two further groups of 63 and 5 complainants were referred to the Department on 19 June 1998 and 7 July 1998 respectively, and their claim were being investigated. Final Results Report is awaited. III. New Cases in the quarter Unreasonable cancellation of HOS application L/M (1046) in HD(CR) 1/125 - OMB 1998/0619

6 Table 3 (P. 6) The complainant application under HOS Phase 19B (together with the additional registration numbers previously gained) was cancelled because he did not attend the vetting interview on 17 February The complainant alleged that he had never received any letter from the Department inviting him for vetting interview. The complaint was originally referred to the Department under the INCH programme but was re-classified for formal investigation in June A case report on the issue has been forwarded to The Ombudsman in July Findings of the investigation are awaited. Unreasonable objection to application for splitting of tenancy in Homantin Estate; delay in giving a written reply; and unreasonably rejecting the request to be accompanied by a social worker during the interview with housing staff L/M (1060) in HD(CR) 1/125 - OMB 1998/0479 The tenancy in question comprised two authorised members, including the complainant (and their families). The complainant allegation of unreasonable objection to his request for tenancy splitting was due to a misconception of the prevailing policy. In response to an enquiry made by a DB Member on the complainant case, a reply was accordingly provided. This was followed by a reply to the complainant direct, sent 4 days later than that to the DB Member. It was a misunderstanding that the Department has refused the complainant to be accompanied by a social worker during the interview: it has only been suggested to the complainant that he might wish to be interviewed alone as personal matters would be discussed. A detailed case report on the issue has been forwarded to The Ombudsman in April Results of the investigation are awaited.

7 Mishandling of application for the purchase of an HOS flat under Phase 19B by unreasonably requiring addition of his father, who is not living with him, in the application L/M (1062) in HD(CR) 1/125 - OMB 1998/0031 Annex C Table 3 (P. 7) The complainant applied together with his mother for the purchase of an HOS phase 19B flat, and refused to include his father (who was not living with them). Under the existing policy, spouses of all members on the application must be included. Final Results Report issued in June 1998 has concluded that the case was not substantiated. Not informing the complainant prior to the purchase of a flat at Verbena Heights that the development did not fall under the HOS and hence the more favorable mortgage interest rate for HOS did not apply L/M (1065) in HD(CR) 1/125 - OMB 1998/ The complainant has purchased a flat in Verbena Heights and alleged that the Department did not inform her that the development did not fall under the HOS. In fact, prior to her purchase, the complainant was clearly explained by the staff of HOC and Housing Society that the purchase should follow the terms and conditions prescribed by the Housing Society. A detailed case report on the issue has been forwarded to The Ombudsman in May Findings of the investigation are awaited. Unreasonable cancellation of application for public housing L/M (1069) in HD(CR) 1/125 - OMB 1998/0902

8 Table 3 (P. 8) The complainant did not receive the Department letter approving him of public housing allocation, and therefore he could not turn up on the scheduled time for completion of the intake formalities. Subsequently, the complainant was allotted a room at the Housing for Senior Citizens in Tin Wan Estate in June The complaint was originally referred to the Department under the INCH programme but was re-classified for formal investigation in June A case report has been forwarded to The Ombudsman in July Findings of the investigation are awaited. Lack of explanation to the commercial tenants affected by Kwai Chung Estate Redevelopment regarding the basis for calculation of compensation, and dissatisfaction with the restricted tendering system L/M (1089) in HD(CR) 1/125 - OMB 1998/ The complainants are the commercial tenants affected by the Kwai Chung Commercial Redevelopment Programme. They complained against the Department for lack of explanation to them on the calculation of compensation and were dissatisfied with the restricted tendering system. The affected commercial tenants have been notified of the redevelopment arrangements including the compensation arrangements in late The rate of ex-gratia allowance is reviewed biennially and is calculated according to area and grading of shop premises. Comprehensive Redevelopment Program shop tenants can join restricted tender exercises which are held about 6 times a year. Shops and shopstalls of different trades are available to tenants for tender. A detailed case report on the issue has been forwarded to The Ombudsman in June Results of the investigation are awaited. Improper handling of request for the deletion of tenancy in Kornhill, resulting in not being eligible for applying Home Starter Loan Scheme L/M (1107) in HD(CR) 1/125 - OMB 1998/1274

9 Table 3 (P. 9) The complainants (a couple) applied to purchase an HOS Phase 18C flat. In the vetting interview, duplicate tenancies were found at Yue Tin Court (husband) and Kornhill (wife), and they were requested to sign an undertaking for the deletion. In the undertaking, it was stated that the applicant had to submit a copy of documentary proof and owner consent in order to effect the deletion. Unfortunately, the wife did not provide the relevant supporting document to the Home Ownership Centre for deletion of her tenancy at Kornhill in time. The deletion was finally effected in May 1998 after all the required documents were submitted. A detailed case report on the issue has been forwarded to The Ombudsman in June Results of the investigation are awaited.