Consulation Paper
on
Independent Police Complaints Council Bill


2. Background



The IPCC


2.    The IPCC is an independent body responsible for monitoring and reviewing investigations by the Complaints Against Police Office (CAPO) of the Hong Kong Police Force (HKPF) into public complaints against the Police.


3.    Complaints by the public against the Police, including civilian members of the Police Force, have been investigated by the CAPO since 1974. In 1977, the then Governor appointed the then Unofficial Members of the Executive and Legislative Councils Police Group (UPG), which was a non-statutory body, to oversee the work of CAPO.


4.    The substantial growth in the number of complaints by 1984 highlighted the need for the strengthening and enhancement of this monitoring machinery. The Administration announced, in late 1985, the reconstitution of the UPG into a new non-statutory body - the Police Complaints Committee (PCC). The UPG was formally dissolved and the PCC set up in January 1986. The PCC was subsequently re-named as the IPCC in December 1994.


5.    At present, the IPCC is made up of members of the community appointed by the Chief Executive, including a Chairman, three Vice-Chairmen and 14 non-official members. The Ombudsman or his representative is an ex officio member. Fifty-nine Lay Observers, who are either retired IPCC members or other community personnel, have also been appointed by the Secretary for Security to observe the manner in which complaints are handled by the CAPO. The IPCC has its own full-time secretariat and legal adviser, and it operates as an independent body.


6.    The IPCC's key functions are to monitor and review the investigations conducted by the CAPO of complaints made against the Police by the public. Its terms of reference are -


  1. to monitor and, where it considers appropriate, to review the handling by the Police of complaints by the public;
  2. to keep under review statistics of the types of conduct by police officers which lead to complaints by members of the public;
  3. to identify any faults in police procedures which lead or might lead to complaints; and
  4. where and when it considers appropriate, to make recommendations to the Commissioner of Police or, if necessary, to the Chief Executive.

The 1996 IPCC Bill


7.    In October 1992, the Vice-Chairman of the then PCC recommended that the PCC should be made a statutory body so that its duties could be more clearly defined and its role better appreciated by the public at large. Following a Legislative Council (LegCo) Motion Debate in April 1993, the Administration decided to implement a range of proposals to improve the police complaints system. Making the PCC a statutory body was one of the proposals.


8.    The Administration introduced the IPCC Bill to the then LegCo on 10 July 1996. The Bill was withdrawn by the Administration in June 1997 because a number of unacceptable Committee Stage Amendments (CSAs) were carried.


9.    The Administration remained committed to improving the police complaints system and enhancing its credibility and transparency. Recommendations arising from the Report on the Independent Review of the Investigation Procedures of the CAPO and a comparative study of police complaints systems elsewhere carried out jointly by the IPCC, the then Security Branch and the Police were implemented. The recommendations included setting up a monitoring panel in the IPCC to select serious complaint cases for special monitoring, promoting transparency of IPCC's work, and opening part of IPCC meetings to the public.



The New IPCC Bill


10.    As a further step to strengthen public confidence in the independence and impartiality of the IPCC, the Administration proposes a revised IPCC Bill to provide a statutory basis for the IPCC's operations. While the 1996 IPCC Bill is the basis of the new Bill, new clauses will be included, amongst other things, to enable the establishment of an independent secretariat for the IPCC and prescribe the Observers Scheme in clearer terms in law.