1. How Candidates' Complaints Are Handled: (Applicable to Category A Subjects Only)

• Candidates may lodge a complaint if they find anything that deviates from the stipulated examination procedures.

Important points to note

• The HKEAA enlists schools’ assistance in providing a suitable examination environment for candidates and conducting the examination according to the stipulated procedures. No special consideration will be given to candidates who do not report unsatisfactory conditions at the centre but subsequently claim that their performance has been affected by:
  • Normal background noise at examination centres - Candidates should not expect complete silence in the examination centre as they will not be completely shielded from normal background noise (e.g. from outside vehicles, normal school activities, school bells etc.) during an examination.
  • Unsuitable room temperature - Candidates should refer to their admission form about the provision of air-conditioning at the examination centres. They are advised to bring a jacket with them to an air-conditioned examination centre.
  • Undesirable centre conditions - Candidates who find any undesirable conditions at their seat (e.g. insufficient lighting, noise disturbance, dripping water etc.) should seek help from an invigilator at once so that remedial action can be taken promptly. If the need is genuine and a spare seat is available at the centre, the invigilator may arrange a seat change for the candidate. Any complaint about undesirable centre conditions must be lodged at the examination centre.
  • Insufficient examination time given (unless there is substantiating evidence from the examination centre).
  • Having no clock or not being able to view the clock in the examination centres.
• For listening component of English Language, complaints about poor reception under the following circumstances will NOT be entertained:
• Reception problem - Candidates who claim to have encountered reception problems but decide not to go to the Special Room (applicable to centres using radio or IR System only) will not be given any compensation. Candidates who are dissatisfied with the reception of the listening component in the examination room should request to move to the Special Room. Mark penalty will not be imposed for going to the Special Room due to reception problems.
• Possible interference by the radios or antennae of other candidates in the listening component.
• Mode of broadcast – Complaint about change of the mode of broadcast will NOT be entertained. As a contingency measure to address possible reception problems at the examination centre, the HKEAA might consider changing the mode of broadcast of an examination centre. An announcement would normally be made at the examination centre one day before the listening component of English Language.
• For Speaking examination of English Language, complaints about the following circumstances will NOT be entertained:
• Mannerisms and facial expressions of oral examiners or other candidates in a Speaking examination are not regarded as an examination irregularity or deviation from stipulated examination procedures.
• Domination/interruption by other candidates in the same group or interruption by the oral examiners in the group interaction when normal procedures are being followed in a Speaking examination – Examination procedures are in place to allow all candidates a fair chance to participate in the group interaction. In this regard, examiners will take appropriate action if they feel that any candidate is dominating/interrupting the group interaction. The marking of dominating candidates will also be handled appropriately.
• Complaints against the precautionary measures implemented at examination centres will NOT be entertained.

How to lodge a complaint

• Candidates may lodge a complaint with the Centre Supervisor at the examination centre and request him/her to report it to the HKEAA. The complainants and other candidates concerned will be required to fill in a report after the examination session has ended. Alternatively, they may make use of the specified electronic form on the HKEAA website (www.hkeaa.edu.hk → HKDSE → Examination Administration → Report on Examination Irregularities) or write directly to the Manager (DSE), School Examinations and Assessment Division of the HKEAA by post, fax or email within 7 calendar days after the date of the examination, except for complaints about the examination centre environment and reception in the listening component which must be made on the spot (see the point below). Complaints lodged beyond the deadline will NOT be accepted. The HKEAA will inform candidates of the follow-up actions within 5 working days upon receipt of their complaints.
• Complaints about the examination centre environment (e.g. insufficient lighting, loud noise disturbance etc.) and reception in the listening component must be made with the Centre Supervisor/invigilator at the examination centre. Candidates should provide specific information about the undesirable condition(s) encountered (e.g. time and duration of the noise/disturbance) before they leave the examination centre. Subsequent complaints of performance being affected by undesirable centre conditions or reception problems after the examination will NOT be entertained.
• When lodging a complaint, candidates must provide their name, candidate number, examination centre, date of the examination, subject/paper sat for and other specific information relating to the cause of complaint.
• Anonymous complaints will NOT be entertained.

Complaint handling procedures

• All complaints are dealt with by a Standing Committee of the HKEAA which is chaired by the Director – Public Examinations and comprising staff who are experienced in examination procedures and operations. (Note: Members of the Committee must not be personally involved in the cases under complaint.)
• All letters/reports from schools, candidates and examination centres on examination irregularities, such as candidates’ complaints, disobeying instructions, falling ill during an examination or noise disturbance, are dealt with by the Standing Committee.
• The Standing Committee meets on a regular basis during the examination period and investigates cases with substantiated evidence. Depending on the nature and circumstances of individual cases, the Committee will also contact the Centre Supervisors, invigilators, Oral Examiners, Waiting Room Supervisors and/or other candidates present in the same centre (as appropriate) in the process of investigation. The Committee may also check the video recordings of the examination, review the candidates’ scripts and perform statistical analyses in relation to the cases as appropriate.
• Where there is strong evidence that a candidate’s performance on an examination is significantly affected by incidents, for example, loud noise, poor lighting or other environmental conditions, inappropriate conduct by centre staff, or sudden illness or injury which could not be resolved on the spot after reporting the case to invigilators, slight upward mark adjustments may be applied.
• Where a candidate’s performance in a speaking examination is adversely affected by procedural, technical or human errors, or when the unsatisfactory quality of the recording makes it impossible to remark the candidate’s performance, the candidate concerned may be offered an option to re-sit the speaking examination at a re-scheduled time in order to provide a replacement mark since mark adjustment is not applicable to speaking examinations.
• For straightforward cases, the Committee will take action in accordance with the guidelines laid down by the Public Examinations Board (PEB) and inform candidates concerned of the outcome before the release of examination results. Candidates who do not agree with the Committee’s conclusion on their cases should provide new/additional evidence and write to the HKEAA within 5 calendar days upon the issue of the notification. The Committee will reconsider the cases based on the new/additional evidence provided, as appropriate, and make recommendations on these cases to the PEB for consideration/decision.
• For more complicated cases involving imposition of sanctions or special consideration, the Committee will compile reports with recommendations for consideration by the PEB. The PEB will examine the reports carefully and make a decision on the cases. The decision of the PEB will be conveyed to the candidates concerned on the date of release of examination results.

2. Appeal Against the PEB’s Decision

• Candidates who are not satisfied with the PEB’s decision and have valid reasons or new/additional evidence to substantiate their claim may apply for appeal review within 5 calendar days after the release of examination results. Any requests for appeal review will be dealt with by the independent Appeal Review Committee (see Section F, Part 4 www.hkeaa.edu.hk/DocLibrary/HKDSE/Candidate_Handbook/6_22Examination_Results_E.pdf).
• A candidate may request a review of the PEB decision on examination irregularities in respect of the candidate’s examination on any of the following grounds:
  • The decision was not made in accordance with the examination regulations and instructions given in the Handbook for Candidates.
  • There are extenuating circumstances which the candidate has not been able to present to the HKEAA prior to the decision being made.
  • Due process has not been observed in the handling of the case or the decision on the case has been reached on the basis of material errors or irregularities.
• All applications must be submitted in writing to the Secretary of the ARC in person or by post on or before 22 July 2024 (tentative). All late applications (including applications post-marked after the closing date) will not be considered.
• The candidate shall provide the following information in the application:
  • Name, candidate number, correspondence address and subject/paper concerned and the results obtained;
  • Reason(s)/Justification(s) for review – the candidate shall produce valid reasons or new evidence to substantiate the request.
• Candidates shall pay the required fee at the time of application. If the outcome of the application does not concur with the original decision, the appeal review fee shall be refunded to the candidate.
• The ARC shall use its best endeavour to convene a meeting to consider the applications after the closing date of application. The ARC will examine each and every appeal review case to ensure that the cases were handled fairly, consistently and in accordance with the PEB guidelines.
• Candidates will be notified of the outcome of the applications in writing on around 14 August 2024 (tentative). Where there is any upgrade in the subject(s)/component(s) concerned, the JUPAS Office/tertiary institutions concerned and the EDB will be notified of the revised result, as appropriate, at the same time.
• The decision of the Appeal Review Committee shall be final.