Lodge your complaint in writing

We investigate a consumer complaint against a telecommunications operator if there is sufficient evidence to establish a prima facie case on possible breaches of any provisions under the Telecommunications Ordinance (Cap. 106) or any conditions under the telecommunications licence held by the concerned telecommunications operator. We may take regulatory actions against the concerned operator if such breaches are substantiated. To help us accurately and efficiently assess whether your complaint involves possible breaches, you are requested to lodge complaints in writing.

Your complaint should give all the information as given under the heading of 'Information required from you' in this guideline. The complaint can be sent:

Alternatively, you may make use of the online consumer complaint form or obtain the form through our fax-on-demand service (please call 2961 6333, press 9 for 'Information by Fax') to lodge your complaint.

If you have difficulty to express yourself in writing, you can contact our Consumer Affairs Division for assistance by calling 2961 6333. Our staff will fill in a complaint form for you. When you give an account of your complaint over the phone, please keep it under 15 minutes. To ensure accuracy of the complaint details, your conversation may be recorded and the completed form will be sent by post or by fax to you for your confirmation and signature.

The operating hours of the Consumer Affairs Division :
8:30 am to 5:45 pm, Monday to Friday (except public holidays)

CA's role in consumer complaint handling

As the telecommunications market of Hong Kong is now fully liberalised and highly competitive, we have adopted a light-handed approach in the regulation of the telecommunications industry. We rely on market forces and competition wherever possible to enhance and safeguard consumer interest. We shall not intervene the business operation of telecommunications operators, unless the market forces fail to ensure that our policy objectives are met.

CA does not have a statutory responsibility for consumer protection. But we shall investigate into a complaint case with a view to taking regulatory action if there is sufficient evidence to establish a prima facie case on possible breach of the laws and regulations under CA's jurisdiction.

For other consumer complaints not involving any breach of telecommunications laws or regulations, we believe it is the responsibility of the operators to settle them with their customers. We take note of all complaints we receive. When abnormal complaint trends are observed, we shall follow up the matter with the operators concerned and consider regulatory action if appropriate.

What is outside CA's legal power/scope of service in respect of consumer complaint handling

CA's power and functions are limited to those provided for under the Telecommunications Ordinance and licence conditions. In particular, CA has no power or role in the settlement of contractual disputes between individual customers and the operators. Examples of matters which are beyond the power and functions of CA are given below:

• Claims for compensation/refunds to customers (complainants are advised to seek independent legal advice and/or to file the case with the Small Claims Tribunal or with the Consumer Council)
• Arbitration on the fairness or proper execution of contract terms (complainants are advised to seek independent legal advice and/or lodge the complaints with the Consumer Council which may advise on and/or study into the fairness of contracts on an issue basis (but not on individual case basis))
• Mandating an operator to take action upon a complainant's request where there is no breach of any provisions in the Telecommunications Ordinance or licence conditions
• Judgement on whether an operator has done anything wrong in an individual and occasional incident involving the complainant where there are no proof on what has been committed
• Disturbance caused by the sales activities of operators (except those conducts that may contravene the Unsolicited Electronic Messages Ordinance)
• Interference with the internal administrative arrangements of individual operators, such as the employment and deployment of staff, deployment of collection agents or legal firms to collect overdue payments from customers, service application/refund application procedures, etc.
• Mandating level of fees where no anti-competitive practices are involved
• Commercial decision made by operators on whether to provide a product or service, and the terms on which they may be provided (except for the universal telephone service that PCCW-HKT Telephone Ltd and Hong Kong Telecommunications (HKT) Limited is obliged to provide)
• Provision of legal advice or technical advice/assistance to complainants