Police Complaints System set for big leap forward

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With gazetting of the Independent Police Complaints Council Ordinance (IPCCO) on July 18, the Police complaints system is poised to take a big leap forward. The IPCCO will come into force on a day to be appointed by the Secretary for Security.

The Force welcomes enactment of the IPCCO, which seeks to codify the present police complaints system and incorporate the existing Independent Police Complaints Council (IPCC). The Force will continue to give full support to the IPCC for its very important task of reviewing and monitoring reportable complaints.

The IPCCO is fundamentally a reflection of the existing two-tier police complaints handling system. It sets out clearly the IPCC's functions and powers and provides statutory procedures in respect of public complaints against the Police.

The existing police complaints system has been operating effectively and smoothly, and has built in sufficient checks and balances to ensure that the Complaints Against Police Office (CAPO) handles complaints fairly and impartially. At present, the IPCC may interview witnesses under the IPCC Interviewing Witnesses Scheme, which was introduced in 1994, and observe Police interviews and complaint investigations under the IPCC Observers Scheme, which was introduced in 1996.

To provide a statutory basis for and to enhance public confidence in the present police complaints system, the Administration has been working with the Force on the proposal to convert the existing IPCC into a statutory body.

Operation of the IPCCO will see changes to the IPCC's status from an administrative advisory body to a statutory body and to its Chinese name.

The statutory IPCC will provide independent scrutiny of the way the Police handle and investigate reportable complaints and have the power to make recommendations. The IPCCO gives the IPCC powers to require the Police to investigate or re-investigate complaints, to submit investigation reports to the IPCC and to provide other materials or information as the IPCC requires.

There are provisions that impose a statutory duty on the Police to comply with IPCC's requirements and permit the IPCC to report to the Chief Executive as it thinks necessary. The IPCCO also empowers the IPCC and its observers to observe Police interviews and collection of evidence in the investigation of reportable complaints. And the IPCC is vested with the power to interview persons in carrying out its reviews.

Following passage of the IPCCO, the Force has started conducting a comprehensive review of relevant police orders relating to the handling and investigation of reportable complaints. Briefings and training to officers involved in the handling of police complaints will be arranged in due course.

Subject to the IPCC's readiness and the progress of the IPCC's preparatory arrangements for its operation as a statutory body, the Secretary for Security will prescribe the operation date of the IPCCO by means of a Gazette notice once that date has been confirmed.


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