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The Government is proposing legislation to turn the Independent Police Complaints Council (IPCC) into a statutory body and clearly set out its functions, powers and operation in the police complaints system.
The Independent Police Complaints Council Bill will be gazetted on Friday (June 29) and will be introduced into the Legislative Council on July 11.
At present, the IPCC functions independently as an administrative advisory body to monitor and review the Complaints Against Police Office's (CAPO) handling and investigations into public complaints against the Police. CAPO works separately from other police formations to ensure its impartiality.
The IPCC currently comprises a chairman, three vice-chairmen and 14 members. All of them are non-officials appointed by the Chief Executive.
It is supported by a secretariat and a legal adviser, and assisted by about 70 observers drawn from different sectors of the community. The observers undertake scheduled or surprise observations of interviews and scene visits conducted by CAPO during investigations.
"The Bill seeks to codify the existing two-tier police complaints system and contains clear provisions on the IPCC's functions and powers to carry out its monitoring and reviewing role regarding complaints against the Police. It also provides additional flexibility for the IPCC to employ its own staff and deploy its resources," a spokesman for the Security Bureau said today (June 27).
"The police complaints system has been operating effectively and smoothly, and has built in sufficient checks and balances to ensure that CAPO handles complaints fairly and impartially. The Bill will further enhance the independence of the IPCC and increase public confidence in the system," the spokesman said.
There are provisions imposing a statutory duty on the Police to comply with the IPCC's requirements. For example, the IPCC is empowered to require the Police to investigate or re-investigate complaints, to submit investigation reports to the IPCC and to provide other information as the IPCC requires.
The Bill also empowers the IPCC and its observers to observe Police interviews and collection of evidence for investigating complaints. It allows the IPCC to interview persons in carrying out its reviews and to report to the Chief Executive as it sees fit.
"We have taken into account the results of a public consultation exercise and the views of IPCC members and the Legislative Council Panel on Security in drawing up the Bill," the spokesman said.
Ends/Wednesday, June 27, 2007
Issued at HKT 14:31
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