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Following is the speech (English translation) by the Secretary for Security, Mr Ambrose S K Lee, in moving the second reading of the Independent Police Complaints Council Bill in the Legislative Council today (July 11):
Madam President,
I move the second reading of the Independent Police Complaints Council Bill.
Introduction
The police complaints system, which dates back to 1977, has been operating for 30 years. Over the years, taking into account developments of the society and comments from different sectors, we have been making continuous improvement to the procedures and practices involved. By now, we have built up a two-tier system which is widely used and accepted by the public – that is, the Complaints Against Police Office (CAPO) of the Police is responsible for handling and investigating complaints, and the Independent Police Complaints Council (IPCC) monitors and reviews the investigations. CAPO is independent from other formations of the police force and handles complaints in an impartial and fair manner. IPCC Members are all non-officials appointed by the Chief Executive. They directly monitor CAPO's investigations objectively and are supported by a full-time secretariat. This system has been operating effectively, ensuring that public complaints against the Police are handled appropriately, independently and equitably. To enhance the effectiveness of IPCC's monitoring function, we introduced the Observers Scheme in 1996 under which IPCC Members and observers from different sectors of the community may participate in scheduled or surprise observations of the interviews and scene visits conducted by CAPO during investigations.
With a view to more clearly defining IPCC's functions, enhancing and reinforcing its status so as to increase the transparency of and public confidence in the police complaints system, we suggest establishing IPCC as a statutory body.
Taking into account the results of the public consultation exercise in 2002 and IPCC's views, we have drawn up the new IPCC Bill to turn the IPCC now established on an administrative basis into a statutory body, and to provide for its composition, powers and functions, so as to reflect IPCC's mode of operation comprehensively under the law. The major provisions of the new Bill are as follows.
The Bill:
IPCC's functions
The proposed main functions of IPCC under the Bill include -
(a) to observe, monitor and review the manner in which complaints are handled or investigated by the Police and to make recommendations in respect of the handling or investigation of complaints;
(b) to monitor actions taken or to be taken in respect of a member of the police force by the Commissioner of Police in connection with any reportable complaint and advise on its opinion on such actions; and
(c) to identify any faults or deficiencies in practices or procedures adopted by the Police leading to complaints and to make recommendations in this regard.
IPCC's powers
The main powers of IPCC for discharging its functions provided in the Bill are -
(a) to require the Police to provide information or materials relating to complaints and clarify the facts or discrepancies;
(b) to require the Police to investigate or re-investigate complaints;
(c) to interview persons for considering the Police's investigations in carrying out its reviews;
(d) to require the Police to provide explanations in relation to any disciplinary actions taken or to be taken in respect of a member of the police force;
(e) to require the Police to submit reports on any actions taken or to be taken by the Police in respect of the its recommendations;
(f) to require the Police to compile and submit to it statistics of the types of conduct of members of the police force that has led to complaints;
(g) to employ its own staff and other technical and professional persons; and
(h) to report to the Chief Executive.
The Police's obligations
The Bill provides that the Police must, upon completion of investigation of complaints, submit to IPCC investigation reports containing the findings of facts and supporting evidence, classifications of the complaints and the reasons for the classifications, actions taken or to be taken by the Police and other relevant information. If the Police have not completed the investigation within six months after the date of receipt of the complaints, they shall submit to IPCC interim investigation reports explaining the progress of the investigation and the reasons for not being able to complete the investigation within six months.
Complaints covered
The police complaints system covers complaints against the conduct of any member of the police force while on duty or in the execution or purported execution of his duties; the conduct of any member of the police force who identified himself as such a member while off duty; or any practice or procedure adopted by the Police.
The Observers Scheme
Having operated for a number of years, the Observers Scheme is already part and parcel of the police complaints system. The Bill provides for the appointment, powers and responsibilities of the observers.
Comments received
In drawing up the Bill, we have incorporated many comments received over the years, including those of IPCC and other organisations and groups. We have of course also taken in account comments made by the then Legislative Council Bills Committee on the then Bill in 1996. When compared with the then Bill, the current Bill has made clearer and more detailed provisions on IPCC's functions, powers, operation, resources and requirements on the Police, so as to further strengthen IPCC's independence and transparency. Members of the public should have higher confidence in IPCC's capability in effectively monitoring the Police's handling of complaints.
There have been suggestions that IPCC be empowered to determine the results of the Police's investigation of complaints, or to conduct its own investigation when it is not satisfied with the Police's investigation reports. We have looked at the police complaints systems of a number of countries and places. Their practices vary substantially. It is not unique for Hong Kong to have a monitoring body without investigation power. For Hong Kong, we consider it important to maintain IPCC's monitoring and review functions and the Police's investigation role separate, in order to sustain the effectiveness of the existing two-tier handling system. Therefore, the new Bill has not provided IPCC with investigation power. However, the Bill already gives considerable powers to IPCC to interview witnesses, observe the Police's interviews, require the Police to provide information and explanations, require the Police to re-investigate a particular complaint, and to make recommendations to the Police in respect of the manner in which complaints are handled or investigated and the practices and procedures adopted by the Police. In addition, IPCC may report to the Chief Executive as it considers necessary.
We have also received suggestions of appointing the IPCC Chairman or Members on a full-time basis. The Bill contains no restriction on the time that IPCC Members should devote to discharging their duties. Indeed, all along, we have been appointing talents committed to public service from different sectors of the community to IPCC. Their professional knowledge, extensive experience and excellent analytical power have greatly facilitated IPCC's monitoring function. If we were to mandate that the IPCC Chairman or Members must not engage in other businesses, the pool of candidates suitable for IPCC's work and willing to give up their original professions would shrink substantially. Moreover, IPCC will continue to be supported by a secretariat and a sufficient number of observers. In view of this, we consider it unnecessary to make rigid provisions for the appointment of the IPCC Chairman or Members on a full-time basis.
Overall, the Bill provides a statutory basis for the police complaints system, and sets out clearer functions and powers of IPCC. We are confident that the Bill meets Hong Kong's needs and can ensure that complaints against the Police are handled in a fair and just manner.
Madam President, with these remarks, I urge Members to support the Bill. Thank you.
Ends/Wednesday, July 11, 2007
Issued at HKT 16:55
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