With the relevant sections on complaints handling under the Private Healthcare Facilities Ordinance ("the Ordinance") taking effect from 1 January 2021, the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") will handle complaints against licensed private healthcare facilities ("PHFs") (including private hospitals, day procedure centres, clinics and health services establishment).

However, if the matter that the complaint relates occurred before the licence concerned of the private hospital becomes effective (i.e. occurred before 1 January 2021), the complaint will be directed to the Office for Regulation of Private Healthcare Facilities ("ORPHF"), Department of Health for follow-up action. In addition, during the transitional period after the Ordinance has come into operation, the Complaints Committee cannot handle the complaints against PHFs not yet obtained licence (such as clinics which have not yet obtained licences).

The complainant may submit a complaint to the Secretariat of the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") in person.

The complainant may also submit a complaint to the Secretariat of the Complaints Committee by post.

The complaint against private healthcare facilities should be made to the Committee on Complaints against Private Healthcare Facilities within 2 years from the date of the subject event occurred.

The Secretariat of the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") will acknowledge receipt of the complaint in writing within 10 working days. If necessary, the Secretariat of the Complaints Committee may contact the complainant to submit supplementary information/documents, or to attend an interview in private. The Secretariat of the Complaints Committee will also inform the complainant in writing of the Complaints Committee's decision on the complaint.

The time required for handling a complaint case depends on the complexity of the case, accuracy and completeness of the information provided by the complainant and the private healthcare facilities being complained. Due to uniqueness of each complaint, the handling procedures and the time required may vary from case to case.

The complainant may contact the Secretariat of the Committee on Complaints against Private Healthcare Facilities to enquire about the progress of the complaint.

The Committee on Complaints against Private Healthcare Facilities does not charge any fee.

We suggest that the public may first provide feedback or make a complaint to the private healthcare facility ("PHF") concerned if they have any opinions or dissatisfaction on the PHF. If the complainant is not satisfied with the handling and reply from the concerned PHF, the complainant may then make further complaint to the Committee on Complaints against Private Healthcare Facilities.

Section 82 of the Private Healthcare Facilities Ordinance stated that the complaint must be accompanied by a statutory declaration to ensure the truthfulness and correctness of the information given in relation to the complaint.

The complainant should come in person to, the Secretariat of the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee"); or the Sha Tin office of the Clinic Administration & Planning Division, Department of Health; or various District Offices of Home Affairs Department to make the statutory declaration. For any enquiries, please contact the Secretariat of the Complaints Committee.

The complainant may write to the Secretariat of the Committee on Complaints against Private Healthcare Facilities to withdraw the complaint at any time.

In general, the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") may appoint a case panel to handle the complaint against a licensed private healthcare facility ("PHF") relating to its compliance with the Private Healthcare Facilities Ordinance ("the Ordinance") or the Code of Practice (including regulatory standards on staffing, accommodation and equipment).

The Complaints Committee may refuse to appoint a case panel to consider a complaint if

• the matter of the complaint is not related to compliance with the Ordinance or the code of practice of the PHF concerned;
• the subject incident occurred more than 2 years before the complaint is made;
• the complaint is made anonymously or the complainant cannot be identified or traced by the Complaints Committee;
• the complaint relates to a commercial matter;
• the matter of the complaint has been referred to, or is being considered by, the coroner;
• the complainant has instituted legal proceedings for the same matter; or
• the Complaints Committee considers that the complaint is frivolous or groundless.

If the complaint involves matters about professional conduct of a registered medical practitioner or a registered dentist, the Complaints Committee may consider referring the complaint to relevant regulatory authority, for example, the Medical Council of Hong Kong or the Dental Council of Hong Kong, for any follow-up action.

According to the Private Healthcare Facilities Ordinance ("the Ordinance"), in considering whether the complaint is substantiated or not, the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") will examine all the related documents including the information provided by the complainant, reports of the private healthcare facilities concerned, professional opinions, and etc. When necessary, the Complaints Committee may invite the complainant or other related persons to attend interview in private. After the investigation, the Complaints Committee will inform the complainant in writing of the decision of the Complaints Committee. There is no arrangement in conducting a public hearing under the Ordinance.

If the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") considers that further information or other assistance is required from the complainant, the Complaints Committee will invite the complainant to attend interview in private.

If the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") decides the complaint is substantiated, the Complaints Committee will make the following follow-up action(s) as appropriate and inform the complainant in writing of its decision:

• refer the complaint to the Department of Health for assessment of any breach of a licensing requirement by the private healthcare facility ("PHF") and any necessary regulatory action against the PHF, including issuing warning letter, revising the condition of the licence, suspending or cancelling a licence, or taking prosecution action, etc;
• refer the complaint to another regulatory authority for investigation and follow-up action;
• advise the PHF concerned on any improvement measures; and
• report to the Director of Health any regulatory issue arising from the case.

If the Complaints Committee considers that the complaint is not substantiated, the Complaints Committee will close the case and inform the complainant in writing.

There is no mechanism to appeal against the decision made by the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee") under the Private Healthcare Facilities Ordinance. If the complainant or the private healthcare facility being complained cannot provide new evidence, the decision made by the Complaints Committee will be the final decision. In addition, the complainant can seek an alternative dispute resolution such as negotiation or mediation.

To facilitate the processing of complaint by the Committee on Complaints against Private Healthcare Facilities ("the Complaints Committee"), the complainant should state the details of the complaints clearly and provide true and correct information. During investigation, the Complaints Committee may invite the complainant to provide supplementary information or to attend interview in private. We expect the co-operation from the complainant so as to facilitate the work of the Complaints Committee.

Complaints against a registered medical practitioner's or a registered dentist's attitude or professional conduct are not under the purview of the Committee on Complaints against Private Healthcare Facilities.

For such matters, the complainant may consider making an enquiry / a complaint to the Medical Council of Hong Kong or the Dental Council of Hong Kong.

According to the Private Healthcare Facilities Ordinance and its Code of Practice, a private healthcare facility ("PHF") should inform its patients the charges of services whenever practicable. However, the actual amount charged by the PHF (i.e. whether the amount charged is excessive) is not under the purview of the Committee on Complaints against Private Healthcare Facilities.

According to the Private Healthcare Facilities Ordinance, refund or compensation is not under the purview of the Committee on Complaints against Private Healthcare Facilities.