Q1 : Why does Hong Kong need the IPCC?
A1 : Good governance is one of the pillars that contribute to Hong Kong’s success. The Independent Police Complaints Council (IPCC) is there to ensure that Reportable Complaints against police officers are dealt with in a fair and just manner under a legislative framework. The ultimate aim is to safeguard the integrity of the Police Force and to maintain its high quality services rendered to all citizens of Hong Kong.
The IPCC became a statutory body on 1 June 2009 with the enactment of the IPCC Ordinance (Cap. 604, Laws of Hong Kong), which sets down a clear legislative framework for the IPCC to carry out its statutory duties.
Q2 : Why does the IPCC need to be statutorily independent?
A2 : As an independent statutory body, the IPCC can truly maintain its neutrality and unbiased position to observe, monitor and review the work of the Complaints Against Police Office (CAPO), in particular its investigations into Reportable Complaints. By thoroughly and objectively reviewing every piece of available evidence and fact, the Council is determined to act impartially and justly and as far as practicable disclose the truth. Only with full autonomy can the IPCC be trusted by both the Police and the public.
The IPCC also diligently assists the Police in maintaining a high quality service to the public by advising the Police on any deficiencies in police practices and procedures.
Q3 : Why should the IPCC be comprised of Members from different sectors?
A3 : By drawing upon the expertise and social experience of its Members, the IPCC is capable of ensuring that CAPO will investigate police complaints impartially, and thoroughly.
IPCC Members are drawn from a wide spectrum of our society, including the legal, medical, health care, educational, social welfare, media and business sectors, as well as Legislative Councilors. The Council comprises a Chairman, three Vice-Chairmen and no less than eight Members, all appointed by the Chief Executive.
Q4 : Why is there a need to increase the IPCC's functions to handle complaints against the Police?
A4 : Prior to the implementation of the IPCC Ordinance, the then Independent Police Complaints Council’s functions comprised:
- To observe, monitor and review the handling and investigation of Reportable Complaints by the Commissioner of Police
- To monitor actions taken or to be taken in respect of any police officer by the Commissioner of Police in connection with Reportable Complaints
- To advise the Commissioner of Police and/or the Chief Executive of its opinion and/or recommendation in connection with Reportable Complaints
The above functions have been implemented by the IPCC Ordinance Section 8(1)(a), (b), and (d). In addition, the existing IPCC has been bestowed with two additional functions, which comprise:
- Section 8(1)(c) to identify any fault or deficiency in police practices or procedures that has led to or might lead to a Reportable Complaint
- Section 8(1)(e) to promote public awareness of the role of the Council
Section 8(1)(c) enables the IPCC to proactively provide the Police with suggestions for the prevention of police complaints, even when there are no complaints against the Police. Section 8(1)(e) aims at enhancing the public confidence in the two-tier police complaints system.
Q5 : Why does the Hong Kong police complaints system comprise a two-tier structure?
A5 : Hong Kong has adopted a two-tier police complaints system, where all complaints against the Police are referred to CAPO for handling and investigation. This is the first tier of the system. When CAPO has completed the investigation of a Reportable Complaint, the investigation report will be submitted to the IPCC for scrutiny. This is the second tier of the police complaints system.
The advantage of the two-tier system is to ensure that complaints against the Police will be dealt with fairly and justly. As an independent body, the IPCC can objectively observe, monitor and review the handling and investigation of Reportable Complaints by the Commissioner of Police, and put forward opinions and recommendations regarding Reportable Complaints to the Commissioner of Police and the Chief Executive.
Learn more about the two-tier police complaints system
Q6 : Why is it important to understand how the IPCC's monitoring procedures work?
A6 : The IPCC aspires to ensure that the whole monitoring process is transparent and fair. An understanding of the process is your civil right.
Under the two-tier police complaints system, Observers appointed by the Secretary for Security may attend interviews and observe the collection of evidence in connection with CAPO’s investigation of Reportable Complaints.
After CAPO has conducted the investigation of a Reportable Complaint, it will submit the investigation report to the IPCC Secretariat for examination. Based on the report, the Secretariat may pose questions and ask for clarification or further information. If the Secretariat has no query about the report, the investigation report will be submitted to Council Members for scrutiny.
If the IPCC and CAPO cannot agree on the findings of an investigation, they can discuss the case at a working level meeting or at the Joint IPCC/CAPO Meeting. If the IPCC's final decision is not to endorse the results of the investigation of a particular case, it may express its views to the Chief Executive and the Commissioner of Police on both the classifications of the allegations and the actions to be taken by the Commissioner of Police regarding the police officer against whom the Reportable Complaint has be lodged, as well as any other observations related to the complaint case within the IPCC's purview.
Learn more about the IPCC's monitoring procedures
Q7 : Why are the processes of handling “Reportable Complaints” and “Notifiable Complaints” different?
A7 : The nature of these two categories are different.
According to the IPCC Ordinance Section 11,“Reportable Complaints” refer to complaints lodged by members of the public, which are made in good faith and are not vexatious or frivolous. These issues relate to the conduct of police officers while on duty or police officers who identify themselves as such while off duty. The complaint should be made by or on behalf of a person directly affected by police misconduct.
“Notifiable Complaints” are complaints not categorised as “Reportable Complaints”. These include anonymous complaints or complaints lodged by persons who are not directly affected by police misconduct.
In handling “Notifiable Complaints”, CAPO must comply with the IPCC Ordinance Section 9 to regularly submit a summary of “Notifiable Complaints” for the IPCC's examination for the purpose of ensuring the “Notifiable Complaints” categorization is proper.
As for handling “Reportable Complaints”, any investigation of such complaints carried by CAPO must be observed, monitored and reviewed of the IPCC.
Q8 : Why is there a need of an Observer?
A8 : The Observers Scheme enables the IPCC to strengthen its monitoring function on CAPO’s investigation into Reportable Complaints. Appointed by the Secretary for Security, Observers may attend interviews and observe the collection of evidence in connection with CAPO’s investigation of Reportable Complaints. IPCC Members can likewise conduct such observations.
Apart from prearranged observations, Observers can attend and observe investigations on a surprise basis.
The Observer will remain impartial without interfering or offering any personal opinions while observing the conduct of interviews or the collection of evidence.
After each observation, the Observer will submit to the IPCC a report stating whether the interview or collection of evidence was conducted in a fair and impartial manner, and if any irregularities were detected. Should any irregularities be reported, the IPCC will follow up with CAPO.
All persons who are to be interviewed by CAPO in connection with a Reportable Complaint can request an Observer to be present during the interview. Upon receipt of such a request, the IPCC will make an effort to arrange the observation accordingly.
Q9 : Why is there an IPCC Interview?
A9 : In addition to reviewing the investigation report, the IPCC may ask for interviews with persons related to the case to clarify matters. The IPCC interview was introduced in 1994, under which the IPCC may, for the purpose of considering CAPO’s investigation report, interview any person who may provide relevant information or assistance.
If the IPCC deems it necessary to meet with certain individuals, it will invite them to interviews. These individuals may comprise complainants, complainees, witnesses, or other independent persons. The interviews will be conducted by a panel of no less than two Council Members. The Secretary is responsible for providing necessary arrangements and assistance.
Q10 : Why is the IPCC unable to directly handle police complaints made by the public?
A10 : Hong Kong has adopted a two-tier police complaints system, where all complaints against the Police are referred to CAPO for handling and investigation. As such, members of the public should lodge complaints against the Police and CAPO, and any complaints of the same nature received by the IPCC would be referred to CAPO for handling and investigation.
In the two-tier police complaint system, the primary duty of the IPCC in the police complaints system is to independently review the investigation reports of Reportable Complaints. If discrepancies or questionable points are detected during the process, the Council will request clarification from CAPO or for the case to be reinvestigated. Only when the IPCC completely agrees that the complaint has been properly handled will it endorse the investigation report.
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