When IPCCO comes into operation, IPCC will become a statutory body provided with a legal framework to exercise mandated functions and power. The Ordinance also imposes a number of statutory duties on the Force. In order to fully comply with the Ordinance, Chapter 26 of the Police General Orders and the Force Procedures Manual have been duly amended and a newly compiled Complaints Manual will replace the existing CAPO Manual. The relevant orders and guidelines have been finalised after consultation with IPCC.

Superintendent Siu Kit-hung and Woman Chief Inspector Chung Wing-man of the Complaints Against Police Office Headquarters are responsible for implementation of IPCCO.

SP Siu announced: "To ensure full compliance with IPCCO and effective operation of complaints handling procedures, it has been decided that the Force will implement requirements of the Ordinance on May 1. In other words, the new order and guidelines will become effective on the same date."

The new guidelines have been uploaded to the Force NoticeBoard and Intranet. To enhance officers' understanding of the new Ordinance and the changes brought about by the Ordinance to the existing complaints handling procedures, a total of 17 sessions of "IPCCO and Complaints Handling Workshop" are being held for officers at the ranks of Sergeant to Chief Inspector. At the same time, CAPO has made a video clip to introduce the Ordinance on upcoming Training Days.

He added: "IPCCO seeks to codify the existing complaints handling mechanism. Nevertheless, a number of changes have been brought about by the Ordinance and I strongly encourage officers to attend the workshops."

Changes to complaints handling procedures

WCIP Chung highlighted some of the changes to complaints handling procedures:

(1) The existing "Complaints Against Police" will be renamed and redefined as "Reportable Complaints" (RC). Under this statutory definition, if a complainant is below the age of 16, or is mentally incapacitated or unable to make a complaint due to death or illness, the complaint lodged by his or her relative or guardian must be categorised as an RC. On the other hand, if a person is acting on the written authorisation from a complainant, the complaint made by the representative must also be categorised as an RC. The Force must submit an investigation report to IPCC after completing investigation of a reportable complaint.

(2) The existing "Non-Reportable Complaints" defined by virtue of CAPO Manaual Chapter 9 will be renamed and redefined as "Notifiable Complaints" (NC). Under this statutory definition, an NC includes complaints against the conduct of a member of the Force whilst off duty and not in execution of his duties; vexatious or frivolous complaints; anonymous complaints, and complaints lodged by a person who is not directly affected by police conduct. A belated complaint, which is lodged two years after the alleged incident and is not of a serious nature, must also be categorised as an NC. The Force is required to submit a list of NCs to IPCC on a monthly basis and explain why an NCs is so categorised, though the Force is not required to report how an NC is subsequently investigated or dealt with.

(3) The request for review of a crime or a miscellaneous report or expression of dissatisfaction or opinion will no longer fall into the complaint handling mechanism. When a Duty Officer receives such reports, he should open an RN in the Communal Information System (CIS) and refer the report to the relevant Formation for follow-up action.

(4) Similarly, staff complaints will fall outside the complaints handling mechanism. Officers receiving such reports should open a Confidential RN in CIS and pass the Loose Minutes (L/M) to the Complaints and Internal Investigations Branch which will decide the appropriate handling Formation.

(5) IPCCO empowers IPCC Members and Observers to attend and observe an interview or collection of evidence in respect of a reportable complaint. By law, officers must inform IPCC of the intended interview or collection of evidence as soon as practicable. Where prior notification is not given, officers must notify IPCC in writing as soon as practicable after the interview or collection of evidence and explain the reasons why prior notice has not been given. In this regard, officers should use the prescribed forms in the Complaints Manual.

(6) The format and contents of investigation report, interim report and investigation report for Informal Resolution have been amended to fulfil legal requirements.

When the new guidelines come into effect on May 1, officers should use the new forms, including the "First Information of Complaints Against Police" (Pol 964).

Reportable Complaint

Under Section 11 of IPCCO, a reportable complaint is a complaint which : a) relates to : (i) the conduct of a member of the police force while on duty or in the execution or purported execution of his duties, whether or not he identified himself as such a member; (ii) the conduct of a member of the police force who identified himself as such a member while off duty; or (iii) any practice or procedure adopted by the police force; b) is not vexatious or frivolous and is made in good faith; c) is made by or on behalf of a complainant directly affected by the police conduct; d) is made by a person (whether on his own behalf or on behalf of a complainant) who has properly identified himself and provided police with a means of contacting him, and e) (if made by a person on behalf of a complainant) is made in accordance with section 15.

Notifiable Complaint

Under Section 14 of IPCCO, a notifiable complaint is neither a reportable complaint nor a complaint that : a) a person makes in his official capacity as a member of the Force; b) arises from the issue of a summons and solely relates to the question of whether the summons is validly issued; c) arises from the issue of any notice for the imposition of a fixed penalty under any enactment and solely relates to the question of whether the notice is validly issued, or d) a person is empowered to investigate pursuant to any function conferred on the person by any other Ordinance, except where the complaint relates to police conduct and the power of investigation does not extend to the investigation of that police conduct.

SP Siu Kit-hung and WCIP Chung Wing-man explain compliance with IPCCO