Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/10

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.