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

24. Notification of classification of reportable complaint and result of review
(1) In the case of a reportable complaint that is not a request for review, the Commissioner must notify—
(a) the complainant; or
(b) (where the reportable complaint was made by a person on behalf of the complainant) the person who made the complaint,
of the classification of the reportable complaint and the reasons for the classification.
(2) In the case of a reportable complaint that is a request for review, the Council must notify—
(a) the complainant; or
(b) (where the reportable complaint was made by a person on behalf of the complainant) the person who made the complaint,
of the result of the review and the reasons for the result.
(3) Subsections (1) and (2) do not apply where the complainant or the person has indicated to the Commissioner or the Council that he does not wish to be so notified.
(4) In determining the time at which the complainant or the person is notified of such matters as required under subsection (1) or (2), the following provisions apply—
(a) if the notification is left at his address, the notification is effected when it is so left;
(b) if the notification is sent by post to his address, the notification is effected when it would in the ordinary course of post be delivered to that address;
(c) if the notification is sent by facsimile transmission to his facsimile number, the notification is effected when it would in the ordinary course of such transmission be received at that number; or
(d) if the notification is sent by electronic mail transmission to his electronic mail address, the notification is effected when it would in the ordinary course of such transmission be received at that address.
(5) In subsection (4), references to his address, his facsimile number or his electronic mail address mean the address, facsimile number or electronic mail address (as the case may be) provided by the complainant or the person to the Commissioner or the Council as a means of contacting him in relation to the reportable complaint.

25. Members of Council may attend interviews and observe collection of evidence
(1) A member of the Council 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) Where a member of the Council attends the interview or observes the collection of evidence, sections 37 and 38 apply, with necessary modifications, to that member as if a reference to an observer in those sections were a reference to that member.

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

26. Council may require explanation in relation to actions taken etc. in connection with reportable complaints
The Council may require the Commissioner to provide an explanation in relation to any action taken or to be taken in respect of a member of the police force by the Commissioner in connection with any reportable complaint.

27. Council may require Commissioner to submit statistics and reports
The Council may require the Commissioner—
(a) to compile and submit to the Council statistics of the types of conduct of members of the police force that have led to reportable complaints; and
(b) to submit to the Council a report on any action taken or to be taken by the Commissioner in respect of a recommendation of the Council made under section 8(1)(a) or (c).

28. Commissioner to consult Council on orders and manuals relating to handling or investigation of reportable complaints
(1) The Commissioner must consult the Council on—
(a) any proposed new order or manual of the police force that relates to the handling or investigation of reportable complaints; or
(b) any significant amendment proposed to be made to—
(i) the police general orders made under section 46 of the Police Force Ordinance (Cap. 232);
(ii) the headquarter orders issued under section 47 of that Ordinance;
(iii) the Hong Kong Police Force Procedures Manual; or
(iv) any other orders or manuals of the police force,

in so far as the amendment relates to the handling or investigation of reportable complaints.
(2) For the purposes of subsection (1)(b), an amendment is significant if it materially changes—
(a) the meaning or interpretation of; or
(b) the procedures to be followed under,
any provision of the order or manual of the police force.

29. Commissioner to comply with requirements of Council
(1) Notwithstanding section 4 of the Police Force Ordinance (Cap. 232), the Commissioner must comply with any requirement made by the Council under this Ordinance unless the Secretary for Security certifies that compliance with the requirement would be likely to prejudice—
(a) the security of Hong Kong; or
(b) the investigation of any crime.
(2) A certificate signed by the Secretary for Security certifying the matter referred to in subsection (1)(a) or (b) is conclusive evidence as to the matter so certified.

30. Report to Chief Executive
The Council may make such reports to the Chief Executive as it thinks necessary.

31. Council may charge fees
The Council may charge reasonable fees for providing copies of, or extracts from, documents or publications of the Council.

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

32. Council may hold property, enter into contracts and borrow money
For the purposes of this Ordinance, the Council may—
(a) acquire, hold and dispose of movable or immovable property;
(b) enter into contracts or other agreements; and
(c) with the approval of the Financial Secretary, borrow money on security or other conditions.

33. Appointment of observers
(1) Subject to subsection (2), the Secretary for Security may appoint such person as he thinks fit to be an observer.
(2) The following persons are not eligible for appointment as observers—
(a) a person who holds an office of emolument, whether permanent or temporary, in a Government bureau or department;
(b) the Secretary-General, the Legal Adviser or any other employee of the Council; and
(c) a person who was a member of the police force.

34. Function of observers
The function of an observer is to assist the Council to observe, in accordance with the provisions of this Part, the manner in which the Commissioner handles or investigates reportable complaints.

35. Schedule 2 applicable to observers
Schedule 2 has effect with respect to observers.

36. Prior notification of interview and collection of evidence
(1) In so far as practicable, the Commissioner must, before he conducts—
(a) an interview in respect of a reportable complaint; or
(b) any collection of evidence in the investigation of a reportable complaint,
notify the Council of the interview or collection of evidence.
(2) The notification must set out—
(a) the nature of the allegations contained in the reportable complaint;
(b) the date, time and place of the interview or collection of evidence and the form in which it will be conducted; and
(c) the particulars of the interviewee and the interviewer.
(3) If the Commissioner has conducted an interview or any collection of evidence referred to in subsection (1) (the incident