Unhappy about the response you got?

If ...

  • You didn't get a reply within 10 calendar days (or an interim reply within 10 days and final response within 21 days)
  • You did not get all of the information that you requested or
  • Your request was refused, but without a reason valid under the Code on Access to Information (Part 2)

... you can

  1. Ask for an internal review by a senior officer at the department.
  2. If that doesn't help, complain to The Ombudsman.
  3. Either way, also use other means to answer your question.

1. Asking for an internal review #

At the bottom of the relevant request page on AccessInfoHongKong choose "request an internal review". Then write a message asking for an internal review of your request. You may want to include a link to the request page, to make it clear which request you are talking about.

Internal reviews under the Code on Access to Information should be conducted by a directorate officer at least one rank senior to the officer who made the original decision. The department should respond to your review request promptly. You will then either get the information that you originally requested, or you will be told that the review upholds the original decision with reasons.

Important: When requesting an internal review, clearly state why you believe the original decision was incorrect. Reference specific provisions of the Code on Access to Information where relevant.

2. Complaining to The Ombudsman #

If you are still unhappy after the department has completed their internal review, you can lodge a complaint with The Ombudsman (申訴專員). The Ombudsman investigates complaints about non-compliance with the Code on Access to Information by Hong Kong government departments and public bodies.

To lodge a complaint with The Ombudsman:

  • Visit The Ombudsman's website (available in English and Chinese)
  • Complete the complaint form
  • Provide details of your original request, the department's response, and the internal review outcome
  • Include a link to your request on AccessInfoHongKong

Note: The Ombudsman handles administrative complaints. Hong Kong's Code on Access to Information is an administrative code (not legislation), so there is no legal appeal to courts or tribunals. The Ombudsman's investigation and recommendations are the primary external oversight mechanism.

AccessInfoHongKong has no special facilities for handling a request at this stage - it passes into The Ombudsman's system. You can leave annotations on your request keeping people informed of progress.

3. Using other means to answer your question #

You can try pursuing your problem or your research in other ways.

  • Make a new access to information request for summary information, or for documentation relating indirectly to matters in your refused request. Ask us for ideas if you're stuck.
  • If any other government departments or public bodies are involved, make requests to them. Sometimes information refused by one department may be available from another.
  • Contact your Legislative Council (LegCo) member and ask for their help finding the answer. LegCo members can ask questions to government officials and raise issues through parliamentary procedures. You can find your geographical constituency member or contact functional constituency members relevant to your topic.
  • Check if the information is already available in government disclosure logs or proactive publications. Some departments maintain disclosure logs of previously released information on their websites.
  • Ask other researchers who are interested in a similar issue to yours for ideas. You can sometimes find them by browsing this site and contacting any registered user from their page.
  • Consider working with civil society organizations, journalists, or academics who may have experience obtaining similar information or could collaborate on your research.
  • You could form a small campaign group to raise public awareness about the issue and arrange meetings with departmental staff.

Understanding Hong Kong's response timelines #

Under the Code on Access to Information, departments should follow these timelines (measured in calendar days, not working days):

  • 10 calendar days: Initial response with information, or an interim reply explaining why more time is needed
  • 21 calendar days: Target completion time for providing the information
  • 51 calendar days: Maximum time in exceptional circumstances (departments must explain why an extension is needed, and extensions should be kept to a minimum)

If a department takes longer than these timeframes without explanation, you have grounds to request an internal review or complain to The Ombudsman.

Learn more: Read about the detailed timeline requirements and valid exemptions under Part 2 of the Code.