WEDNESDAY, APRIL 21, 1993
THE VIABILITY OF ESTABLISHING AN INDEPENDENT UNIT COMPRISING NON-POLICE OFFICERS OUTSIDE THE POLICE FORCE MUST BE QUESTIONABLE. IT WOULD BE DIFFICULT TO RECRUIT AND RETAIN INVESTIGATORS OF THE RIGHT CALIBRE. IT WOULD INEVITABLY BE A SMALL ORGANISATION WITH LITTLE VARIETY IN ITS WORK AND WITH VERY POOR CAREER PROSPECTS, VERY DIFFERENT IN NATURE AND SIZE FROM THE INDEPENDENT COMMISSION AGAINST CORRUPTION, WHICH INVESTIGATES ALL ALLEGATIONS OF CORRUPTION IN BOTH THE PUBLIC AND PRIVATE SECTORS. IT IS FOR THESE REASONS THAT, IN ALMOST ALL JURISDICTIONS COMPARABLE TO HONG KONG, INVESTIGATION OF COMPLAINTS AGAINST POLICE OFFICERS IS CARRIED OUT BY THE POLICE. THE ADMINISTRATION IS NOT CONVINCED THAT AN INDEPENDENT UNIT WOULD DE BETTER OR MORE EFFECTIVE IN DEALING WITH SUCH COMPLAINTS, WE ARE SUPPORTED IN THIS VIEW BY THE POLICE COMPLAINTS COMMITTEE WHICH RECOMMENDED IN ITS RECENT REVIEW OF THE POLICE COMPLAINTS SYSTEM THAT INVESTIGATION SHOULD CONTINUE TO BE DONE BY CAPO. THIS RECOMMENDATION, I EMPHASISE, WAS MADE ON THEIR OWN INITIATIVE GROUP OF INDEPENDENT MEMBERS OF OUR COMMUNITY, BASED ON THEIR YEARS OF CLOSE OBSERVATION OF THE WORK OF CAPO.
BY A
THAT SAID, THE EXISTING SYSTEM IS NOT PERFECT. I ACCEPT THAT IT CAN, AND SHOULD, BE IMPROVED TO MAKE IT MORE EFFECTIVE AND TRANSPARENT. THE PROPOSALS IN MRS LAM'S AMENDMENT TO THE MOTION ARE GOOD SUGGESTIONS TO THIS END.
THERE WOULD CERTAINLY BE AN ADVANTAGE TO MAKING THE POLICE COMPLAINTS COMMITTEE A STATUTORY BODY. ITS FUNCTIONS AND POWERS WOULD THEREBY BE BETTER DEFINED AND MORE EASILY UNDERSTOOD. A STATUTORY MONITORING SYSTEM WOULD PUT HONG KONG ON A PAR WITH MANY OTHER SIMILAR JURISDICTIONS. WE INTEND ΤΟ MAKE A START NOW ON DRAWING UP LEGISLATION FOR THIS PURPOSE AS SOON AS POSSIBLE.
THE POLICE COMPLAINTS COMMITTEE HAS ALSO PROPOSED THAT IT SHOULD HAVE ACCESS TO COMPLAINANTS AND WITNESSES. WE ACCEPT THIS IN PRINCIPLE. IF THE POLICE COMPLAINTS COMMITTEE IS ABLE TO INTERVIEW WITNESSES, THIS SHOULD ENABLE THE COMMITTEE TO PERFORM BETTER ITS MONITORING ROLE. IT WILL THEN BE ABLE TO CLARIFY DIRECTLY WITH WITNESSES AMBIGUITIES AND DISCREPANCIES, AND MAKE A BETTER ASSESSMENT OF THE WHOLE CASE. WE ARE EXAMINING FURTHER THIS PROPOSAL IN CONSULTATION WITH THE COMMITTEE, INCLUDING THE EVIDENTIAL ASPECTS OF STATEMENTS MADE VOLUNTARILY BY COMPLAINANTS AND WITNESSES TO A MEMBER OF THE POLICE COMPLAINTS COMMITTEE; THE RULES AND GUIDELINES TO BE FOLLOWED BY MEMBERS OF THE COMMITTEE IN CONDUCTING SUCH INTERVIEWS; AND THE CRITERIA WHICH THE COMMITTEE WILL FOLLOW IN DECIDING WHEN ΤΟ CONDUCT INTERVIEWS.
IS,
THE PROPOSAL THAT THE COMMISSIONER OF POLICE SHOULD REPORT BACK AND
TO THE POLICE COMPLAINTS COMMITTEE ANY DISCIPLINARY OR OTHER ACTION TAKEN ÎN RESPECT OF POLICE OFFICERS
I BELIEVE, ALREADY LARGELY EXISTING PRACTICE. AT PRESENT, CAPO SENDS REGULAR REPORTS TO THE POLICE COMPLAINTS COMMITTEE ON ACTION TAKEN IN RESPECT OF COMPLAINEES. THE REPORT ALSO SHOWS ANY INTERNAL ACTION AGAINST OFFICERS WHO HAVE BEEN THE SUBJECT OF COMPLAINT, EVEN NO SPECIFIC ACTION AGAINST THEM HAS BEEN RECOMMENDED BY CAPO OR THE POLICE COMPLAINTS COMMITTEE. I AGREE THAT WE SHOULD LOOK AT WAYS OF STRENGTHENING THIS SYSTEM ALONG THE LINES SUGGESTED BY MRS LAM, AND THIS WE INTEND TO DO.
TAKEN THOUGH
/WE SHALL