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

8. Functions of Council
(1) The functions of the Council are—
(a) to observe, monitor and review the handling and investigation of reportable complaints by the Commissioner, and to make recommendations (as the Council considers appropriate) to the Commissioner or the Chief Executive or both of them in respect of the handling or investigation of reportable complaints;
(b) to monitor actions taken or to be taken in respect of any member of the police force by the Commissioner in connection with reportable complaints, and to advise (as the Council considers appropriate) the Commissioner or the Chief Executive or both of them of its opinion on such actions;
(c) to identify any fault or deficiency in any practice or procedure adopted by the police force that has led to or might lead to reportable complaints, and to make recommendations (as the Council considers appropriate) to the Commissioner or the Chief Executive or both of them in respect of such practice or procedure;
(d) to review anything submitted to it by the Commissioner pursuant to this Ordinance;
(e) to promote public awareness of the role of the Council; and
(f) (without limiting the generality of the foregoing) any function conferred on it by or under this or any other Ordinance.
(2) The Council may do all such things that are reasonably necessary for, or incidental or conducive to, the performance of its functions under this Ordinance.

9. Commissioner to submit lists of complaints
(1) The Commissioner must submit to the Council at such intervals, and in such manner, as the Commissioner and the Council may agree—
(a) a list of reportable complaints; and
(b) a list of notifiable complaints.
(2) A list submitted under subsection (1)(a) must include a brief description of all reportable complaints that the Commissioner has received since the end of the period covered by the last list so submitted.
(3) A list submitted under subsection (1)(b) must include—
(a) a brief description of all notifiable complaints that the Commissioner has received since the end of the period covered by the last list so submitted;
(b) the reasons for categorizing the complaints as notifiable complaints; and
(c) in relation to a belated complaint (as defined in section 12(3)) that is not categorized as a reportable complaint solely on the ground that the complaint is not of a serious nature, the reasons supporting that ground.

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

10. Certain complaints not to be included in lists under section 9(1)
A list under section 9(1)(a) or (b) must not include a complaint that—
(a) a person makes in his official capacity as a member of the police force;
(b) arises from the issue of a summons and solely relates to the question of whether the summons is validly issued;
(c) arises from the issue of any notice for the imposition of a fixed penalty under any enactment and solely relates to the question of whether the notice is validly issued; or
(d) a person is empowered to investigate pursuant to any function conferred on the person by any other Ordinance, except where the complaint relates to police conduct and the power of investigation does not extend to the investigation of that police conduct.

11. Complaints categorized as reportable complaints
Subject to sections 10, 12 and 13, a complaint received by the Commissioner must be categorized as a reportable complaint if the complaint—
(a) relates to—
(i) the conduct of a member of the police force while on duty or in the execution or purported execution of his duties, whether or not he identified himself as such a member;
(ii) the conduct of a member of the police force who identified himself as such a member while off duty; or
(iii) any practice or procedure adopted by the police force;
(b) is not vexatious or frivolous and is made in good faith;
(c) is made by or on behalf of a complainant directly affected by the police conduct;
(d) is made by a person (whether on his own behalf or on behalf of a complainant) who has properly identified himself and provided the Commissioner with a means of contacting him; and
(e) (if made by a person on behalf of a complainant) is made in accordance with section 15.

12. Categorization of belated complaints
(1) Except as provided in subsection (2), a belated complaint must not be categorized as a reportable complaint.
(2) A belated complaint must be categorized as a reportable complaint if—
(a) it is serious in nature; and
(b) but for subsection (1), it would be categorized as a reportable complaint in accordance with section 11.
(3) In this section, belated complaint (逾期投訴) means a complaint that is made to the Commissioner after the expiration of—
(a) 24 months from the date of the incident giving rise to the complaint; or
(b) (where proceedings relating to the subject matter of the complaint have been commenced in any court, magistracy or statutory tribunal within the period referred to in paragraph (a)) 12 months from the date of the final determination of such proceedings,
whichever is later.

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

13. Requests for review treated as reportable complaints
(1) Subject to subsection (2), a request for review made to the Commissioner for reviewing the classification of a reportable complaint (the relevant classification

14. Complaints categorized as notifiable complaints
A complaint received by the Commissioner must be categorized as a notifiable complaint if it is neither a reportable complaint nor a complaint referred to in section 10.

15. Making complaint or request for review on behalf of complainant
(1) For the purposes of this Ordinance, a person (the representative

16. Reconsideration of categorization by Commissioner
(1) If the Council considers that a complaint included in a list of notifiable complaints under section 9 should be categorized as a reportable complaint, it may advise the Commissioner of its opinion, and the Commissioner must—
(a) have regard to such opinion; and
(b) reconsider the categorization of the complaint.
(2) The Commissioner must, as soon as practicable after the completion of his reconsideration under subsection (1), inform the Council of the outcome of his reconsideration.
(3) For the purpose of performing the Council’s function under subsection (1), the Council may require the Commissioner to provide—
(a) explanations to support the categorization of a complaint as a notifiable complaint;
(b) in relation to a belated complaint (as defined in section 12(3)) that is not categorized as a reportable complaint solely on the ground that the complaint is not of a serious nature, explanations to support that ground; and
(c) information or material in support of the explanations.