### Independent Police Complaints Council Ordinance 《獨立監察警方處理投訴委員會條例》

37. Observers may attend interviews and observe collection of evidence
(1) For the purposes of section 34, an observer may at any time and without prior appointment—
(a) attend an interview conducted by the Commissioner in respect of a reportable complaint; and
(b) observe the collection of evidence by the Commissioner in the investigation of a reportable complaint.
(2) After having attended the interview or having observed the collection of evidence, the observer must submit a report to the Council stating—
(a) whether, in his opinion, the interview or collection of evidence has been conducted in a fair and impartial manner; and
(b) where applicable, the particulars of any irregularities detected by the observer in respect of the interview or collection of evidence.
(3) If an observer has an interest (whether directly or indirectly) in a reportable complaint in respect of which an interview or collection of evidence is conducted by the Commissioner, the observer must not attend the interview or observe the collection of evidence.
(4) If, during the interview or collection of evidence, it comes to the knowledge of the observer that he has an interest (whether directly or indirectly) in the reportable complaint, he must—
(a) in the case of an interview, disclose the nature of his interest to—
(i) the police officer who is designated by the Commissioner to conduct the interview; and
(ii) the person who is being interviewed;
(b) in the case of collection of evidence, disclose the nature of his interest to—
(i) the police officer who is designated by the Commissioner to conduct the collection of evidence; and
(ii) (if applicable) the person from whom evidence is being collected;
(c) withdraw from the interview or observation of the collection of evidence (as the case may be); and
(d) report the nature of his interest to the Council.

38. Council may determine procedures, duty roster, etc. relating to observers
(1) The Council may determine—
(a) the procedure that applies in relation to an observer’s attendance at an interview conducted by the Commissioner in respect of a reportable complaint;
(b) the procedure that applies in relation to an observer’s observation of the collection of evidence by the Commissioner in the investigation of a reportable complaint;
(c) the drawing up of a duty roster of the observers; and
(d) any operational matter or arrangement that relates to the performance of the functions of observers under the provisions of this Part.
(2) For the avoidance of doubt, a duty roster under subsection (1)(c) does not affect an observer’s right under section 37(1) to attend an interview or observe the collection of evidence at any time.

### Independent Police Complaints Council Ordinance 《獨立監察警方處理投訴委員會條例》

39. Interpretation of Part 5
In this Part—
protected information (受保護資料) means matters relating to any complaint that come to a specified person’s actual knowledge in the performance of his functions under this Ordinance;
specified person (指明人士) means—
(a) the Council;
(b) a member of the Council;
(c) the Secretary-General, the Legal Adviser or any other employee of the Council;
(d) a person engaged by the Council for his technical or professional services;
(e) an observer; or
(f) a person who at any time had any of the identities described in paragraphs (b), (c), (d) and (e).

### Independent Police Complaints Council Ordinance 《獨立監察警方處理投訴委員會條例》

40. Duty to keep confidence
(1) Except in the circumstances provided for in subsection (2), a specified person must not disclose any protected information.
(2) Subsection (1) does not prevent a specified person from disclosing any protected information if the disclosure is necessary—
(a) for the performance of his functions under this Ordinance;
(b) for the purpose of reporting evidence of any crime or any suspected crime to such authority as he considers appropriate;
(c) for the purpose of complying with—
(i) an order of a court; or
(ii) a requirement in or made under an enactment or any other law,

in relation to any criminal, civil or disciplinary proceedings; or
(d) for the purpose of complying with a data access request made under section 18 of the Personal Data (Privacy) Ordinance (Cap. 486).
(3) For the avoidance of doubt, in making a disclosure under subsection (2)(a), the Council may disclose to the public—
(a) the facts of any disagreement between the Council and the Commissioner on the findings or classification of a reportable complaint; or
(b) its opinion on the action taken or to be taken in respect of a member of the police force by the Commissioner in connection with a reportable complaint.
(4) Subject to subsection (5), subsection (2)(a) does not authorize the disclosure of the identity of—
(a) any complainant;
(b) any member of the police force whose conduct is the subject of a complaint; or
(c) any person who assists or has assisted the Commissioner in the handling or investigation of a complaint.
(5) A disclosure of any identity referred to in subsection (4)(a), (b) or (c) may be made pursuant to subsection (2)(a) if the disclosure is made to—
(a) a specified person as defined in section 39 (other than paragraph (f) of that definition);
(b) the complainant;
(c) a person who has written authorization from the complainant—
(i) to make a complaint or request for review on behalf of the complainant (as provided in section 15); or
(ii) to handle in the complainant’s stead the complaint or request for review made by the complainant;
(d) the Commissioner;
(e) a person who assists or has assisted the Commissioner in the handling or investigation of a complaint;
(f) a person whom the Council invites to an interview pursuant to section 20 or any person who is present at an interview in accordance with that section; or
(g) the Chief Executive.

### Independent Police Complaints Council Ordinance 《獨立監察警方處理投訴委員會條例》

41. Protection of Council and its members, etc.
(1) Any act done, or omitted to be done, by a specified person in good faith in the performance or purported performance of a function under this Ordinance will not render the specified person liable to any civil proceedings.
(2) For the purposes of the law of defamation, if a specified person makes any comment or publishes any matter in relation to a complaint—
(a) in any communication, report or statement, in writing or otherwise; and
(b) for the performance of his functions under this Ordinance,
that comment or publication is absolutely privileged.
(3) The protection given by subsection (1) or (2) does not apply to a specified person within the meaning of paragraph (d) of the definition of specified person in section 39.

42. Interpretation of Part 6
In this Part—
*commencement date (生效日期) means the date of commencement of this Ordinance;
former Council (前警監會) means the Independent Police Complaints Council existing immediately before the commencement date;
former observer (前觀察員) means a person who was an observer under the scheme known as the Independent Police Complaints Council observers scheme existing immediately before the commencement date.

Editorial Note:
* Commencement date: 1 June 2009.

43. Continuance of things done by former Council
(1) The enactment of this Ordinance does not affect the validity of anything done by, in relation to or on behalf of the former Council before the commencement date*.
(2) Anything done before the commencement date by, in relation to or on behalf of the former Council pursuant to or in connection with its functions has effect as from that date as if done by, in relation to or on behalf of the Council.
(3) Anything that, immediately before the commencement date, is in the process of being done by, in relation to or on behalf of the former Council pursuant to or in connection with its functions may, as from that date, be continued by, in relation to or on behalf of the Council to the extent that it is consistent with this Ordinance.

Editorial Note:
* Commencement date: 1 June 2009.

44. Pre-existing legal claims
Without limiting section 43, a legal claim (including any judicial and administrative proceedings)—
(a) by or against the former Council; and
(b) existing immediately before the commencement date*,
does not abate by reason of the commencement of this Ordinance.

Editorial Note:
* Commencement date: 1 June 2009.