IFEC Complaints Handling Procedure

Purpose

The IFEC is an independent public organisation and a subsidiary of the Securities and Futures Commission (SFC), a statutory body that upholds the principles of transparency and accountability. Members of the public may lodge complaints if they identify any improper practices in our education initiatives or work processes.

To ensure the prompt handling of complaints from the public against the IFEC or its employees and to facilitate effective follow-up action, a complaints handling procedure (this Procedure) has been established as set out below.

What is a complaint?

A complaint is a statement of dissatisfaction regarding the way in which the IFEC or its employee(s) has/have carried out or failed to carry out its/their duties. Some complaints are not covered under this Procedure, including:

• Any complaint which is, or has been, the subject of investigation by another public body, e.g. the Ombudsman or the Independent Commission Against Corruption.
• Any complaint the subject matter of which is a civil dispute between the complainant and the IFEC or an employee.

Who can complain?

Any member of the public who is directly affected may lodge a complaint. Generally speaking, a person is "directly affected" when the person alleges personal inconvenience, distress or loss as a direct result of the actions or inactions of the IFEC or its employees.

How do I make a complaint?

You should make your complaint in writing addressed to the IFEC by e-mail at info@ifec.org.hk or by post to 54th Floor, One Island East, 18 Westlands Road, Quarry Bay, Hong Kong, setting out the circumstances of the alleged incident or conduct and the name of the employee about whom you want to complain (if applicable). Otherwise, your complaint will not be dealt with.

Complaints that are raised anonymously will only be considered at the discretion of the IFEC General Manager who will take into account the seriousness of the complaint, the credibility of the complainant and the likelihood of confirming the complaint from sources that can be verified. For the purposes of this Procedure, a complaint will be handled as an anonymous complaint if the complainant does not provide any contact details.

Is there a time limit for making a complaint?

Complaints will normally only be dealt with if they are lodged within a year of the date on which you become aware of the circumstances of the complaint. Complaints made more than a year later will only be investigated if you can show a reasonable ground for the delay.

How will my complaint be dealt with?

Within 7 working days of receiving your complaint, we will write to you to acknowledge receipt of your complaint and notify you whether or not it can be dealt with under this Procedure.

The IFEC will refer the complaint to the IFEC General Manager, who may designate any non-conflicted staff of the IFEC to conduct an initial review of the complaint and, within 7 working days after the designation, determine the type of investigation that needs to be carried out.

The IFEC General Manager will provide the SFC representative on the IFEC Board with written quarterly updates on all complaints received. Where necessary, the IFEC may seek administrative support, legal or other guidance from the SFC.

How much information should I provide in my complaint?

You should ensure your complaint is genuine, and provide as much information as possible for the IFEC to properly assess your case. Subject to prior consultation with the IFEC General Manager, the IFEC may decide not to process a complaint received in the following circumstances (not an exhaustive list):

(a) where incomplete or inaccurate contact details have been provided;
(b) where a complaint is trivial, malicious or frivolous in nature, or appears to have been made in order to be vexatious;
(c) where a complaint contains insufficient information to enable it to be assessed;
(d) where there has been undue delay on the part of the complainant in submitting a complaint or in providing any further information reasonably requested by the IFEC.

In such cases, the IFEC will explain in writing to the complainant the reason why the complaint is not being dealt with under this Procedure.

Where it is found that a complainant's allegations are false or misleading and are made maliciously, frivolously or in order to be vexatious, the IFEC reserves the right to take appropriate action.

What happens after the investigation?

Upon conclusion of the assessment or investigation, a final written reply will be issued to you stating our decision, with reasons. Such a decision will be regarded as final in the absence of new material information or evidence.

What is the timeline of a substantive response from the IFEC?

Our aim is to issue a substantive written reply to the complainant within 4 weeks from the date the complaint is received.

The above is an indicative timeframe and not a commitment, as the processing of a complaint may be subject to various factors, such as the complexity of the complaint and any subsequent communications with the complainant for the purpose of seeking further information or clarification.

What happens if I am not satisfied with the outcome of the investigation?

Our decision is final in the absence of new material information or evidence and cannot be appealed under this Procedure. If you are not satisfied with the decision, you may refer the matter to the Ombudsman. If you persist in pursuing your complaint in the absence of new material information or evidence, we may seek endorsement from the IFEC General Manager and the SFC representative on the IFEC Board to cease to engage in any further discussion or correspondence with you about your complaint.

Please refer to the IFEC Privacy Policy Statement on the use of personal data collected in complaints.

In the event of any discrepancy or inconsistency between the English version of this Procedure and its Chinese translation, the English version shall prevail.

Last update: