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

17. Commissioner to submit investigation reports on reportable complaints
(1) The Commissioner must, as soon as practicable after completing the investigation of a reportable complaint, submit to the Council an investigation report.
(2) Subject to subsection (3), an investigation report submitted under subsection (1) must contain—
(a) a summary of the investigation;
(b) a finding of facts in relation to the complaint and the evidence in support of the finding;
(c) the classification of the complaint, and the reasons for the classification;
(d) an account of the action taken or to be taken by the Commissioner in connection with the complaint;
(e) such information as the Commissioner thinks necessary; and
(f) such other information as the Commissioner and the Council may agree.
(3) An investigation report on a reportable complaint classified as informally resolved must—
(a) contain—
(i) a summary of the process of informal resolution of the complaint;
(ii) an account of the incident giving rise to the complaint as described by the complainant;
(iii) (if the complainee is identified) an account of the incident giving rise to the complaint as described by the complainee;
(iv) an account of the action taken or to be taken by the Commissioner in connection with the complaint;
(v) such information as the Commissioner thinks necessary; and
(vi) such other information as the Commissioner and the Council may agree; and
(b) explain the reasons for resolving the complaint by informal resolution.
(4) In subsections (1) and (2), a reference to an investigation report includes an investigation report supplementary to a previous investigation report.

18. Commissioner to submit interim investigation reports on reportable complaints
(1) If the investigation of a reportable complaint is not completed within—
(a) 6 months from the date of receipt of the complaint; or
(b) such shorter period as the Commissioner and the Council may agree,
then, the Commissioner must, as soon as practicable after the expiry of those 6 months or that shorter period, submit to the Council an interim investigation report.
(2) Until the completion of the investigation, the Commissioner must submit to the Council further interim investigation reports after the expiry of every successive period of—
(a) 6 months; or
(b) such shorter period as the Commissioner and the Council may agree.
(3) An interim investigation report submitted under subsection (1) or (2) must—
(a) contain a summary of the progress of the investigation; and
(b) explain the reasons for not being able to complete the investigation within the 6 months’ period or such shorter period covered by the report.
(4) The Council may advise the Commissioner of its opinion on an interim investigation report.

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

19. Council may advise Commissioner of its opinion or recommendation on investigation report
(1) The Council may, in relation to an investigation report submitted under section 17, advise the Commissioner of—
(a) its recommendation on the classification of the complaint;
(b) its recommendation on the Commissioner’s handling or investigation of the complaint;
(c) its recommendation on any fault or deficiency identified in any practice or procedure adopted by the police force;
(d) 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 the complaint; or
(e) its recommendation on the report other than those mentioned in paragraphs (a), (b) and (c).
(2) If an investigation report is amended in response to the Council’s recommendations referred to in subsection (1), the Commissioner must submit the report as amended to the Council as soon as practicable.
(3) The Council may, if it considers appropriate, submit any part of its opinion or recommendation referred to in subsection (1) to the Chief Executive for consideration.

20. Council may conduct interview
(1) At any time after an investigation report has been submitted to the Council under section 17, the Council may, for the purpose of considering the report, interview any person who is or may be able to provide information or other assistance to the Council in relation to the report.
(2) At any time after an interim investigation report has been submitted to the Council under section 18, the Council may, with the consent of the Commissioner and for the purpose of considering the report, interview any person who is or may be able to provide information or other assistance to the Council in relation to the report.
(3) Unless the Commissioner is reasonably of the opinion that an interview under subsection (2) would be likely to prejudice the investigation of any crime or any complaint made to him, he must give his consent to the interview.
(4) An interview under this section must be conducted in private.
(5) Subject to subsection (7), the Council may decide who may be present at an interview.
(6) A solicitor or counsel does not have a right of audience before the Council at an interview unless he is the person who is interviewed under this section.
(7) Where a person who is interviewed under this section (that person

21. Record of interview
(1) The Council must make a record of every interview under section 20, and the record is to be kept for such period as may be necessary for the performance of its functions under this Ordinance.
(2) The record may be used in the circumstances provided for in section 40(2) but not otherwise.

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

22. Council may require Commissioner to provide information etc. relating to reportable complaints
(1) The Council may require the Commissioner—
(a) to provide any information or material relating to a reportable complaint, including but not limited to—
(i) any written statement taken from a person interviewed by a member of the police force in respect of a reportable complaint; and
(ii) any video recording of the interview; and
(b) to clarify any fact, discrepancy or findings relating to a reportable complaint.
(2) In this section, video recording (錄影紀錄) means a recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track.

23. Council may require Commissioner to investigate reportable complaints
(1) Subject to subsection (2), the Council may require the Commissioner to investigate (whether or not there has been any previous investigation) a reportable complaint.
(2) If the reportable complaint is a request for review, then, subject to section 13(3), the Council may require the Commissioner to investigate (whether or not there has been any previous investigation) any matter relating to the request for review only if—
(a) in the case of the first request for review in respect of a reportable complaint, the request for review is made within 30 days after—
(i) the complainant; or
(ii) (where the reportable complaint was made by a person on behalf of the complainant) the person who made the complaint,

was notified by the Commissioner of the classification of the reportable complaint;
(b) in the case of a second or subsequent request for review in respect of a reportable complaint, the request for review is made within 30 days after—
(i) the complainant; or
(ii) (where the last request for review was made by a person on behalf of the complainant) the person who made the last request for review,

was notified by the Council of the outcome of the Commissioner’s last review of the classification of the reportable complaint; or
(c) in the case of a request for review made after the expiry of the period applicable to the request for review under paragraph (a) or (b), the Council is of the opinion that exceptional circumstances exist in relation to the request for review.
(3) In determining whether exceptional circumstances exist for the purposes of subsection (2)(c), the Council may take into account any factor including, but not limited to, the following—
(a) whether there is any fresh evidence in respect of the request for review; and
(b) whether there are any justifiable reasons for making the request for review after the expiry of the period applicable to the request for review under subsection (2)(a) or (b).