XN000022-1996-07-10 — Page 41

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Independent Police Complaints Council Bill

Following is the speech by the acting Secretary for Security, Mrs Carrie Yau, in moving the second reading of the Independent Police Complaints Council Bill in the Legislative Council today (Wednesday):

Mr President,

I move the second reading of the Independent Police Complaints Council (IPCC) Bill. The Bill seeks to give statutory status to IPCC and enhance its monitoring role as a civilian oversight body on complaints against the Police.

The Bill will provide the legal basis for the IPCC to discharge its functions of monitoring and reviewing investigations by the Complaints Against Police Office (CAPO), which deals with all complaints against Police officers. Where the IPCC identifies any inadequacies or discrepancies in Police investigations, they will be taken up with CAPO. If not satisfied with CAPO's investigation, the IPCC can draw a case to the attention of the Governor.

Specifically, the Bill would empower the IPCC to require CAPO to investigate or reinvestigate any complaint. The Bill also provides that the IPCC may interview witnesses, complainants or complainees. This will enable the IPCC to clarify ambiguities and discrepancies and make a better assessment of the whole complaint case. Further, IPCC Members can also conduct scheduled or surprise visits to observe investigations by CAPO directly. In carrying out their duties, IPCC members enjoy the same protection and privileges as are given to magistrates.

Mr President, the Bill will firmly anchor the IPCC in our Police complaints system by defining clearly in the legislation the powers and functions of the IPCC. In turn, this will promote the accountability of the IPCC. According to the Bill, the IPCC shall in each year make a report to the Governor concerning the exercise of its functions and the Governor shall lay the report before this Council.

In recent years, we had already implemented a number of measures to improve our Police complaints system, such as installation of closed circuit television, video or tape-recording facilities in CAPO. We are, however, not complacent with improvements made so far. In parallel with the Bill, we will therefore introduce a new package of improvement measures aimed at further enhancing the independence of the IPCC, and the credibility and transparency of the Police complaints system.

These improvement measures are drawn up from the recommendations arising from an independent review of CAPO procedures conducted under the IPCC aegis, and a comparative study of overseas police complaints systems conducted by representatives from the IPCC, Security Branch and the Police. The full reports have been made available to Members of this Council.