After an allegation has been fully investigated by CAPO, it is classified, according to the findings, into one of the following six classifications:
Substantiated
An allegation is classified as 'Substantiated' where there is sufficient reliable evidence to support the allegation made by the complainant.
Substantiated Other Than Reported
An allegation is classified as 'Substantiated Other Than Reported (SOTR)' where matters other than the original allegations but which are closely associated with the complaint itself and have a major impact on the investigation have been identified and are found to be substantiated.
Not Fully Substantiated
An allegation is classified as 'Not Fully Substantiated' where there is some reliable evidence to support the allegation made by the complainant, but insufficient to fully substantiate the complaint.
Unsubstantiated
An allegation is classified as 'Unsubstantiated' where there is insufficient evidence to support the allegation made by the complainant.
False
An allegation is classified as 'False' where there is sufficient reliable evidence to indicate that the allegation made by the complainant is untrue, be it -
- a complaint with clear malicious intent; or
- a complaint which is not based upon genuine conviction or sincere belief but with no element of malice.
When a complaint is classified as 'False', CAPO will consider, in consultation with the Department of Justice as necessary, prosecuting the complainant for misleading a police officer. Prosecution, however, will not be taken where there is no malicious intention on the part of the complainant.
No Fault
An allegation is classified as 'No Fault' where the allegation is made either because of a misinterpretation of the facts or a misunderstanding; or when there is sufficient reliable evidence showing that the actions of the officer concerned were fair and reasonable in the circumstances, done in good faith or conformed to police regulations and orders made under the Police Force Ordinance (Cap. 232).
Two common reasons for classifying a complaint as 'No Fault' are first, the complainant may have misunderstood the fact, and second, the complainee is acting under the lawful instructions of his superior officer or in accordance with an established police practice.
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