XN000022-1992-05-27 — Page 45

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WEDNESDAY, MAY 27, 1992

"SUCH COMPLAINANTS, THEREFORE, DO NOT WISH TO PURSUE THE ALLEGATIONS FURTHER ONCE THE COURT CASE IS OVER.

"I CANNOT SAY, HOWEVER, TO WHAT EXTENT SUCH A THEORY REPRESENTS THE TRUTH SINCE THE COMMITTEE HAS NOT CARRIED OUT A STUDY ON THIS QUESTION.

"

COMPLAINTS ARE INVESTIGATED BY THE COMPLAINTS AGAINST POLICE OFFICE (CAPO) UNDER THE POLICE. CAPO'S REPORTS ARE MONITORED AND REVIEWED BY THE PCC.

A COMPLAINT IS NOT FINALISED UNTIL THE PCC'S QUERIES AND SUGGESTIONS HAVE BEEN ANSWERED TO THE PCC'S SATISFACTION AND THE REPORT HAS BEEN ENDORSED BY THE COMMITTEE.

PRESENTING THE REPORT TO LEGCO, MRS PEGGY LAM SAID 3,333 CAPO'S REPORTS WERE ENDORSED BY THE COMMITTEE LAST YEAR.

"THESE REPORTS DEAL WITH 4,580 ALLEGATIONS, OF WHICH ABOUT TWO- THIRDS WERE WITHDRAWN OR NOT PURSUABLE. ONLY 2.3% OF THE ALLEGATIONS WERE SUBSTANTIATED."

REFUTING SUGGESTION THAT THE LOW RATE OF SUBSTANTIATED ALLEGATION REFLECTED ON THE EFFECTIVENESS OF THE PRESENT COMPLAINTS SYSTEM, SHE SAID: "SUCH AN INFERENCE IS INVALID BECAUSE IT ASSUMES THAT MOST COMPLAINTS ARE JUSTIFIED.

"WHILE WE SHOULD NOT EASILY DISMISS A COMPLAINT IT IS EQUALLY IMPORTANT THAT WE SHOULD NOT DISBELIEVE SIMPLY BECAUSE HIS ACCOUNT OF THE INCIDENT DIFFERS FROM COMPLAINANT.

AS MISGUIDED, A COMPLAINEE THAT OF THE

WHICH WERE

"THIS IS THE REASON FOR THE 27.1% OF ALLEGATIONS CLASSIFIED AS 'UNSUBSTANTIATED'. NEARLY ALL THESE CASES INVOLVE THE COMPLAINANTS' WORDS AGAINST THE POLICE OFFICERS', WITH NO INDEPENDENT WITNESS FOR EITHER SIDE," MRS LAM ADDED.

AS

TO SHOW THAT A COMPLAINANT'S WORDS ARE NOT EASILY DISMISSED MISGUIDED, SHE POINTED OUT THAT ONLY 1.8% OF THE ALLEGATIONS CONSIDERED BY THE COMMITTEE LAST YEAR WERE CLASSIFIED AS "FALSE".

"EACH AND EVERY SUCH CASE WAS REFERRED TO THE LEGAL DEPARTMENT FOR ADVICE ON WHETHER THE COMPLAINANTS SHOULD BE PROSECUTED WASTING POLICE TIME.

++

FOR

ILLUSTRATING THE WORK OF THE COMMITTEE, MRS LAM SAID: "WITH REGARD TO THE 3,333 CAPO'S REPORTS ENDORSED BY THE COMMITTEE IN

1991, THE FINAL CONCLUSIONS REACHED IN THESE REPORTS INCORPORATED 123 SUGGESTIONS MADE BY THE COMMITTEE, MAINLY ON FURTHER INVESTIGATION REQUIRED AND CLASSIFICATION OF RESULT.

"IN ADDITION, 269 COMMENTS AND QUERIES WERE RAISED AND CAPO'S SUBSEQUENT EXPLANATIONS WERE ACCEPTED," SHE SAID.

/ACCORDING TO