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{{About|the Hong Kong agency|the agency in the United Kingdom|Independent Police Complaints Commission|other similarly named organisations|List of police complaints authorities}}
{{short description|Hong Kong police oversight body}}
{{short description|Hong Kong police oversight body}}
⚫
{{About|the Hong Kongese agency|the agency in the United Kingdom|Independent Police Complaints Commission|other similarly named organisations|List of police complaints authorities}}
{{Use Hong Kong English|date=January 2018}}
{{Use Hong Kong English|date=January 2018}}
{{Use dmy dates|date=January 2018}}
{{Use dmy dates|date=December 2019}}
{{Infobox government agency
{{Infobox government agency
| name = Independent Police Complaints Council
| name = Independent Police Complaints Council
| native_name =
| native_name =
| native_name_a = 獨立監察警方處理投訴委員會
| native_name_a = {{lang|yue-HK|獨立監察警方處理投訴委員會}}
| native_name_r =
| native_name_r =
| type = Independent body
| type = Independent body
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| seal_caption =
| seal_caption =
| logo = Independent_Police_Complaints_Council_logo.png
| logo = Independent_Police_Complaints_Council_logo.png
| logo_width =
| logo_width = 180px
| logo_caption =
| logo_caption =
| image =
| image =
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| superseding1 =
| superseding1 =
| superseding2 = <!-- up to |superseding6= -->
| superseding2 = <!-- up to |superseding6= -->
| jurisdiction = {{HKG}}
| jurisdiction = [[Hong Kong]]
| headquarters = Rooms 1006-10, 10/F<br>[[China Resources Building]]<br>26 [[Harbour Road]]<br>[[Wan Chai]]
| headquarters = 10/F [[China Resources Building]]<br>26 [[Harbour Road]]<br>Wan Chai
| coordinates = <!-- {{coord|LATITUDE|LONGITUDE|type:landmark_region:US|display=inline,title}} -->
| coordinates = <!-- {{coord|LATITUDE|LONGITUDE|type:landmark_region:US|display=inline,title}} -->
| motto =
| motto =
| employees =
| employees =
| budget = HK$95.9 million<br>(2019–20)<ref name="2019budget">{{cite web |title=Estimates for the year ending 31 March 2020 |url=https://www.budget.gov.hk/2019/eng/pdf/head121.pdf |website=The 2019–20 Budget |publisher=Hong Kong Government |date=2019}}</ref>
| budget = HK$95.9&nbsp;million<br>(2019–20)<ref name="2019budget">{{cite web |title=Estimates for the year ending 31 March 2020 |url=https://www.budget.gov.hk/2019/eng/pdf/head121.pdf |website=The 2019–20 Budget |publisher=Hong Kong Government |year=2019}}</ref>
| minister1_name =
| minister1_name =
| minister1_pfo =
| minister1_pfo =
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| t =獨立監察警方處理投訴委員會
| t =獨立監察警方處理投訴委員會
| y = Duhk laahp gāam chaat gíng fōng chyú léih tàuh sou wái yùhn wúi
| y = Duhk laahp gāam chaat gíng fōng chyú léih tàuh sou wái yùhn wúi
| j = Duk<sup>6</sup> laap<sup>6</sup> gaam<sup>1</sup> caat<sup>3</sup> ging<sup>2</sup> fong<sup>1</sup> cyu<sup>2</sup> lei<sup>5</sup> tau<sup>4</sup> sou<sup>3</sup> wai<sup>2</sup> jyun<sup>4</sup> wui<sup>2</sup>
| j = Duk<sup>6</sup> laap<sup>6</sup> gaam<sup>1</sup> caat<sup>3</sup> ging<sup>2</sup> fong<sup>1</sup> cyu<sup>2</sup> lei<sup>5</sup> tau<sup>4</sup> sou<sup>3</sup> wai<sup>2</sup> jyun<sup>4</sup> wui<sup>2</sup>
|hide=yes
|hide=yes
}}
}}


The '''Independent Police Complaints Council''' ('''IPCC''', {{zh|獨立監察警方處理投訴委員會}}) is a civilian body of the [[Government of Hong Kong]], part of the two-tier system in which the [[Hong Kong Police Force]] investigates complaints made by the public against its members and the IPCC monitors those investigations.
The '''Independent Police Complaints Council''' ('''IPCC''') is a civilian body of the [[Government of Hong Kong]], part of the two-tier system in which the [[Hong Kong Police Force]] investigates complaints made by the public against its members and the IPCC monitors those investigations.


The IPCC acts as an independent body to monitor the review by the [[Complaints Against Police Office]] (CAPO) of complaints against members of the Police Force. Unlike CAPO, which is a unit of the police force, the IPCC is a civilian body not linked with the police that reports directly to the office of the [[Chief Executive of Hong Kong]].There have been criticisms in [[Legislative Council of Hong Kong|LegCo]] that the IPCC has limited monitoring power.<ref>[http://www.info.gov.hk/gia/general/200901/14/P200901140221.htm Police complaints system] - Government press release quoting reply by the Secretary for Security in LegCo, 14 Jan 09</ref>
The IPCC acts as an independent body to monitor the review by the [[Complaints Against Police Office]] (CAPO) of complaints against members of the Police Force. Unlike CAPO, which is a unit of the police force, the IPCC is a civilian body not linked with the police that reports directly to the office of the [[Chief Executive of Hong Kong]]. There have been criticisms in [[Legislative Council of Hong Kong|LegCo]] that the IPCC has limited monitoring power.<ref>[http://www.info.gov.hk/gia/general/200901/14/P200901140221.htm Police complaints system] – Government press release quoting reply by the Secretary for Security in LegCo, 14 Jan 9</ref>


==History==
==History==
The IPCC was set up in 1986 as the '''Police Complaints Committee''' or '''PCC''', which reported to the then-[[Governor of Hong Kong]]. The PCC was preceded by the UMELCO Police Group, a body within the [[Office of the Unofficial Members of the Executive and Legislative Councils]]. The PCC was renamed to its current name in 1994.
The IPCC was set up in 1986 as the '''Police Complaints Committee''' or '''PCC''', which reported to the then-[[Governor of Hong Kong]]. The PCC was preceded by the UMELCO Police Group, a body within the [[Office of the Unofficial Members of the Executive and Legislative Councils]]. The PCC was renamed to its current name in 1994.


The IPCC is headed by a Secretariat and is governed by the [[Independent Police Complaints Council (IPCC) Ordinance]], which was enacted in July 2008. On 1 June 2009, after the ordinance came into operation, the Chinese official name of IPCC was changed from "投訴警方獨立監察委員會" to "獨立監察警方處理投訴委員會" while the English name remained the same.<ref>[http://www.info.gov.hk/gia/general/200807/11/P200807110198.htm 立法會：保安局局長在《投訴警方獨立監察委員會條例草案》全體委員會審議階段致辭（二）（只有中文）]</ref><ref>[http://www.ipcc.gov.hk/en/about_history.html History], IPCC</ref>
The IPCC is headed by a Secretariat and is governed by the Independent Police Complaints Council (IPCC) Ordinance, which was enacted in July 2008. On 1 June 2009, after the ordinance came into operation, the Chinese official name of IPCC was changed from "{{lang|yue-HK|投訴警方獨立監察委員會}}" to "{{lang|yue-HK|獨立監察警方處理投訴委員會}}" while the English name remained the same.<ref>{{Cite web|url=https://www.info.gov.hk/gia/general/200807/11/P200807110198.htm|title=立法會：保安局局長在《投訴警方獨立監察委員會條例草案》全體委員會審議階段致辭（二）（只有中文）|publisher=Government of Hong Kong}}</ref><ref>[http://www.ipcc.gov.hk/en/about_history.html History] {{Webarchive|url=https://web.archive.org/web/20140801215502/http://www.ipcc.gov.hk/en/about_history.html |date=1 August 2014 }}, IPCC</ref>


==Organisation==
==Organisation==
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==Composition==
==Composition==
The IPCC Ordinance stipulates that the IPCC shall be formed by a chairman, three vice-chairmen, and no less than eight other members. All members are appointed by the [[Chief Executive of Hong Kong]]. Persons holding an "office of emolument" within a government bureau or department, as well as former members of the police force, are not eligible to be appointed to the IPCC.
The IPCC Ordinance stipulates that the IPCC shall be formed by a chairman, three vice-chairmen, and no fewer than eight other members. All members are appointed by the [[Chief Executive of Hong Kong]]. Persons holding an "office of emolument" within a government bureau or department, as well as former members of the police force, are not eligible to be appointed to the IPCC.


As of 4 September 2019, the IPCC had 29 members:<ref name="IPCCmembership">{{cite web |title=Council membership |url=https://www.ipcc.gov.hk/en/about_us/membership.html |publisher=Independent Police Complaints Council |accessdate=5 September 2019}}</ref>
As of 4 September 2019, the IPCC had 29 members:<ref name="IPCCmembership">{{cite web |title=Council membership |url=https://www.ipcc.gov.hk/en/about_us/membership.html |publisher=Independent Police Complaints Council |access-date=5 September 2019}}</ref>


* Chairman
* Chairman
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** Helen Yu Lai Ching-ping<ref name="newmemberssept2019"/>
** Helen Yu Lai Ching-ping<ref name="newmemberssept2019"/>


== List of Chairmen ==
== List of chairmen ==


* 1992: [[Denis Chang|Denis Chang Khen-lee]], <small>CBE, QC, SC, JP</small>
#[[Chen Shou-lum]], <small>CBE, JP</small> (1986–1987)
* 2000: The Hon. [[Robert Tang|Robert Tang Kwok-ching]], <small>GBM, SBS, QC, SC, JP</small>
#[[Daniel Tse|Daniel Tse Chi-wai]], <small>GBS, CBE, JP</small> (1987–1993)
* 2004: Ronny Wong Fook-hum, <small>SC, JP</small>
#[[Rosanna Wong|Rosanna Wong Yick-ming]], <small>DBE, JP</small> (1993)
* 2008: Jat Sew-tong, <small>SBS, SC, JP</small>
#[[Denis Chang|Denis Chang Khen-lee]], <small>CBE, QC, SC, JP</small> (1993–1998)
* 2014: Larry Kwok Lam-kwong, <small>SBS, JP</small>
#[[Robert Tang (judge)|Robert Tang Kwok-ching]], <small>GBM, SBS, QC, SC, JP</small> (2000–2004)
* 2018: [[Anthony Neoh|Anthony Francis Neoh]], <small>QC, SC, JP</small>
# Ronny Wong Fook-hum, <small>SBS, MBE, QC, SC, JP</small> (2004–2008)
# Jat Sew-tong, <small>SBS, SC, JP</small> (2008–2014)
# Larry Kwok Lam-kwong, <small>SBS, JP</small> (2014–2018)
#[[Anthony Neoh|Anthony Francis Neoh]], <small>QC, SC, JP</small> (2018–2021)
#Priscilla Wong Pui-sze, <small>BBS, JP</small> (2021– )


== Criticism ==
== Criticism ==
The IPCC, as noted by the UN Human Rights Committee in its Concluding Observations in 2013, has limited powers and lacks independence. It only has “advisory and oversight functions to monitor and review the activities of the CAPO” and its members are political appointees chosen by the Chief Executive. It neither has legal power to summon witnesses nor offers protection to the victims and witnesses.<ref>{{Cite web|url=https://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/Advance_Version_2013_ICCPR_e.pdf|title=CCPR/C/CHN-HKG/CO/3}}</ref>
The IPCC, as noted by the UN Human Rights Committee in its Concluding Observations in 2013, has limited powers and lacks independence. It only has "advisory and oversight functions to monitor and review the activities of the CAPO" and its members are political appointees chosen by the Chief Executive. It neither has legal power to summon witnesses nor offers protection to the victims and witnesses.<ref>{{Cite web|url=https://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/Advance_Version_2013_ICCPR_e.pdf|title=CCPR/C/CHN-HKG/CO/3}}</ref>


Despite a considerable number of reportable complaints filed with the CAPO, only a small percentage of them were classified as substantiated. Between 2004 and 2018, CAPO received 6,412 complaints alleging police assault. Only four cases were substantiated by CAPO, while over half of the cases were dismissed without actionable conclusions. Between 2010 and 2018, among all of the cases on police misconduct substantiated by the IPCC, the police responded by referring only one case for prosecution, while officers in the majority of cases were only given "advice".<ref>{{Cite web|url=https://www.hongkongfp.com/2019/06/29/full-open-letter-hong-kongs-leader-calling-investigation-police-use-force/|title=In full: An open letter to Hong Kong’s leader calling for an investigation into police use of force|website=In full: An open letter to Hong Kong’s leader calling for an investigation into police use of force}}</ref>
Despite a considerable number of reportable complaints filed with the CAPO, only a small percentage of them were classified as substantiated. Between 2004 and 2018, CAPO received 6,412 complaints alleging police assault. Only four cases were substantiated by CAPO, while over half of the cases were dismissed without actionable conclusions. Between 2010 and 2018, among all of the cases on police misconduct substantiated by the IPCC, the police responded by referring only one case for prosecution, while officers in the majority of cases were only given "advice".<ref>{{Cite web|url=https://www.hongkongfp.com/2019/06/29/full-open-letter-hong-kongs-leader-calling-investigation-police-use-force/|title=In full: An open letter to Hong Kong's leader calling for an investigation into police use of force|website=In full: An open letter to Hong Kong's leader calling for an investigation into police use of force|date=29 June 2019}}</ref>


As members are directly appointed by the chief executive, the government has been accused of politicising the IPCC by appointing "police sympathisers". For instance, former chief executive [[Leung Chun-ying]] drew criticism for appointing Barry Chin Chi-yung to the council. Chin, a member of the pro-Beijing political group [[Silent Majority for Hong Kong]], was an outspoken critic of the [[2014 Hong Kong protests|2014 pro-democracy protests]], which saw widespread allegations of police brutality.<ref name="appointspro">{{cite news |last1=Cheung |first1=Karen |title=CY Leung appoints pro-Beijing member to police watchdog body IPCC |url=https://www.hongkongfp.com/2015/12/31/cy-leung-appoints-pro-beijing-member-to-police-watchdog-body-ipcc/ |work=Hong Kong Free Press |date=31 December 2015}}</ref>
As members of the IPCC are directly appointed by the Chief Executive, the council is generally aligned with pro-establishment figures. The former Chief Executive [[Leung Chun-ying]], for instance, drew criticism<ref name=":0">{{Cite web|title=Independent inquiry still an option for Carrie Lam EJINSIGHT - ejinsight.com|url=https://www.ejinsight.com/eji/article/id/2227419/20190822-independent-inquiry-still-an-option-for-carrie-lam|access-date=2020-07-09|website=EJINSIGHT}}</ref> for appointing Barry Chin Chi-yung, a member of the pro-Beijing political group [[Silent Majority for Hong Kong]], to the council. Where Chin was an outspoken critic of the [[2014 Hong Kong protests|2014 pro-democracy protests]], which saw allegations of police brutality.<ref name="appointspro">{{cite news |last1=Cheung |first1=Karen |title=CY Leung appoints pro-Beijing member to police watchdog body IPCC |url=https://www.hongkongfp.com/2015/12/31/cy-leung-appoints-pro-beijing-member-to-police-watchdog-body-ipcc/ |work=Hong Kong Free Press |date=31 December 2015}}</ref> In 2017, Chief Executive Carrie Lam sought to enhance the credibility of the IPCC by appointing Anthony Francis Neoh, a heavyweight in the legal sector, as its chairman.<ref name=":0" />

Clifford Stott, one of five members of an expert panel recruited for the IPCC in September during the [[2019–20 Hong Kong protests]], has reaffirmed that the powers, capacity, and independent investigative capability of the body was not commensurate with the "standards required of an international police watchdog operating in a society that values freedoms and rights".<ref name=ejinsight20191213>{{Cite web|url=http://www.ejinsight.com/20191213-ipcc-expert-panel-might-be-gone-but-its-advice-still-holds-true/|title=IPCC expert panel might be gone, but its advice still holds true|date=13 December 2019|website=EJ Insight}}</ref><ref name=time5723615/> According to Stott, "structural limitations in the scope and powers of the IPCC inquiry [inhibit] its ability to establish a coherent and representative body of evidence".<ref name=ejinsight20191213/><ref name=time5723615>{{Cite magazine|url=https://time.com/5723615/hong-kong-ipcc-police-complaints/|title=Hong Kong's Police Watchdog Unable to Do Its Job: Experts|magazine=Time}}</ref> In its resignation statement in December, the panel said the IPCC "needs to substantially enhance its capacity" so as to be able to "assemble a coherent account of the facts from police and other bodies; to access important documents and validate accounts supplied by police and others in a timely fashion; and to significantly improve its capability to identify and secure evidence from key witnesses outside policing".<ref name=ejinsight20191213/>

In response, Carrie Lam remarked that Stott had "only spent 10 days or a week in Hong Kong. His stay in Hong Kong was quite short compared to the year-long review of so much information by the IPCC. Therefore everyone can tell which side was able to obtain the truth and have a better understanding of Hong Kong" regarding the latest IPCC thematic report on the [[2019–20 Hong Kong protests|2019-20 Hong Kong protests]]. Lam added that the IPCC is made up of members with varying backgrounds and expertise, and their objectiveness is reliable.<ref>{{Cite web|date=19 May 2020|title=IPCC knows HK better than overseas expert, says CE|url=https://news.rthk.hk/rthk/en/component/k2/1526988-20200519.htm|url-status=live|archive-url=https://web.archive.org/web/20200529021140/https://news.rthk.hk/rthk/en/component/k2/1526988-20200519.htm|archive-date=29 May 2020|website=RTHK}}</ref>

The Court of First Instance reported on November 20 that the IPCC and the Complaints Against Police Office (CAPO) cannot effectively conduct investigation into misconduct unless new powers were given.<ref>{{Cite web|url=https://www.scmp.com/news/hong-kong/politics/article/3110781/hong-kong-police-move-suspend-alternative-identification|title=Hong Kong police suspending alternative identification system after court ruling|date=20 November 2020}}</ref>

In September 2022, Helen Yu Lai Ching-ping, an IPCC member, blamed Hong Kong's child abuse cases on "widespread" sexual and violent content on TV.<ref name=":1">{{Cite web |last=Standard |first=The |title=Member of police watchdog slams Miss HK show as "too revealing" |url=https://www.thestandard.com.hk/breaking-news/section/4/194957/Member-of-police-watchdog-slams-Miss-HK-show-as-%E2%80%98too-revealing%E2%80%99 |access-date=2022-09-21 |website=The Standard |language=en}}</ref> Yu also blamed the TVB [[Miss Hong Kong Pageant]], to which [[TVB]] said that the pageant should not be associated with child abuse.<ref name=":1" /> TVB also said that it reserved the right to pursue legal action against false accusations.<ref>{{Cite web |date=2022-09-21 |title=Hong Kong's TVB threatens legal action over criticism of beauty pageant outfits |url=https://www.scmp.com/news/hong-kong/society/article/3193318/hong-kongs-tvb-threatens-legal-action-against-police |access-date=2022-09-21 |website=South China Morning Post |language=en}}</ref>

== Report on 2019 Hong Kong protests ==
{{See also|Police misconduct allegations during the 2019–20 Hong Kong protests}}
The IPCC released a thousand-page report on policing during the [[2019&ndash;20 Hong Kong protests]] in which the police was generally exonerated. It concluded that officers generally acted within guidelines but there was "room for improvement".<ref name=scmp3084629>{{Cite web|url=https://www.scmp.com/news/hong-kong/politics/article/3084629/hong-kong-protests-city-leader-carrie-lam-shelves|title=Lam shelves independent review into what caused Hong Kong protests|date=15 May 2020|website=South China Morning Post}}</ref><ref name=20200515hongkongfp>{{Cite web|url=https://hongkongfp.com/2020/05/15/in-full-hong-kong-police-watchdog-releases-report-on-protest-conduct-but-no-evidence-of-yuen-long-mob-attack-collusion/|title=Hong Kong police watchdog clears force of misconduct citing online "propaganda", but says 'room for improvement'|date=15 May 2020|website=Hong Kong Free Press}}</ref>

Findings mirrored police assertions that force was only in reaction to the violent unrest, but said there were "areas for improvement" when officers interacted with protesters. While Chief executive Lam praised the "comprehensive and objective" report,<ref name=scmp3084629/>
Rights groups and pro democracy parties universally pointed to the lack of independence of the IPCC and the absence of police accountability, and expressed outrage at the report as an absurd and preposterous whitewash.<ref name=20200515hongkongfpB>{{Cite web|url=https://hongkongfp.com/2020/05/15/absurd-preposterous-whitewash-reactions-pour-in-as-hong-kong-police-watchdog-clears-force-of-wrongdoing/|title='Absurd, preposterous, whitewash': Reactions pour in as Hong Kong police watchdog clears force of wrongdoing|date=15 May 2020|website=Hong Kong Free Press}}</ref> Lam said priority for implementation were a code of practice for journalists covering protests; more powers to monitor social media and tackle misinformation; reviewing internal police command structures; and identification of police officers with clear numbers.<ref name=scmp3084629/><ref name=20200515hongkongfpC>{{Cite web|url=https://hongkongfp.com/2020/05/15/hong-kong-mulls-more-police-powers-to-monitor-social-media-and-code-of-practice-for-journalists/|title=Hong Kong mulls more police powers to monitor social media and "code of practice" for journalists|date=15 May 2020|website=Hong Kong Free Press}}</ref> Clifford Stott, who quit the IPCC foreign experts panel, said: "It would seem the release of the IPCC report is part of a wider set of coordinated announcements designed to deliver the new 'truth'".<ref name=20200515hongkongfpB/>

[[FactWire]] performed [[fact-checking]] on the report. It reviewed the videos during the police's [[kettling]] of protesters into the [[CITIC Tower]] on [[12 June 2019 Hong Kong protest|12 June 2019]], and rebutted the report's claim that [[Tim Mei Avenue]] was unobstructed for the crowd to leave.<ref name=20200520factwire>{{Cite web|url=https://www.factwire.org/investigation/%e3%80%90fact-check%e3%80%91612%e4%b8%ad%e4%bf%a1%e5%9c%8d%e5%9b%b0%e8%ad%a6%e6%96%b9%e5%90%91%e7%9b%a3%e8%ad%a6%e6%9c%83%e6%8c%87%e6%b7%bb%e7%be%8e%e9%81%93%e3%80%8c%e6%9a%a2%e9%80%9a%e7%84%a1/|title=【Fact Check】612中信圍困警方向監警會指添美道「暢通無阻」 片段證催淚彈夾擊無路走|trans-title=[Fact Check]Police claims to IPCC Tim Mei Avenue was "unobstructed" during 612 CITIC Tower Siege; Footages show tear gas blocks all ways|date=20 May 2020|website=[[FactWire]]|language=zh-hk}}</ref> It also pointed out the report denied the fact that the [[2019 Yuen Long attack|21 July 2019 Yuen Long attack]] was an indiscriminate attack by inappropriately labelling it as clashes between black and white-clad crowds.<ref name=20200720factwire>{{Cite web|url=https://www.factwire.org/investigation/%e3%80%90fact-check%e3%80%91%e7%9b%a3%e8%ad%a6%e6%9c%83%e5%a0%b1%e5%91%8a%e5%bd%a2%e5%ae%b9721%e4%ba%8b%e4%bb%b6%e7%82%ba%e9%bb%91%e7%99%bd%e8%a1%a3%e4%ba%ba%e8%a1%9d%e7%aa%81-%e7%84%a1%e8%a6%96/|title=【Fact Check】監警會報告形容721事件為黑白衣人衝突 無視無差別攻擊事實|trans-title=[Fact Check]IPCC report describes 721 incident as black-white-clad clashes, Denies fact of indiscriminate attack|date=20 July 2020|website=[[FactWire]]|language=zh-hk}}</ref>


==See also==
==See also==
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* {{official website|http://www.ipcc.gov.hk}}
* {{official website|http://www.ipcc.gov.hk}}
{{Government of Hong Kong}}
{{Government of Hong Kong}}

[[Category:Hong Kong Government]]
[[Category:Hong Kong Government]]
[[Category:Civilian regulating boards]]
[[Category:Civilian regulating boards]]

Latest revision as of 04:36, 11 April 2024

This article is about the Hong Kong agency. For the agency in the United Kingdom, see Independent Police Complaints Commission. For other similarly named organisations, see List of police complaints authorities.

Independent Police Complaints Council
獨立監察警方處理投訴委員會
Independent body overview
Formed1986 (1986)
Preceding agencies
  • Police Complaints Committee
  • UMELCO Police Group
JurisdictionHong Kong
Headquarters10/F China Resources Building
26 Harbour Road
Wan Chai
Annual budgetHK$95.9 million
(2019–20)[1]
Independent body executive
Websitewww.ipcc.gov.hk
Politics and government
of Hong Kong
Laws
Executive
  • University Grants Committee Secretariat
  • Working Family and Student Financial Assistance Agency
Legislature
  • Political camps:
Judiciary
Court of Final Appeal

High Court

District Court

  • Chief District Judge: Justin Ko

Magistrates' Court

  • Chief Magistrate: So Wai-tak

Special courts and tribunals:

Districts
District Officers
Elections
Electoral Affairs Commission

Chief Executive Elections

Legislative elections

District council elections
Foreign relations
Documents

Consular missions in Hong Kong

Hong Kong–China relations

Hong Kong–Taiwan relations

Related topics
flag Hong Kong portal
Independent Police Complaints Council
Traditional Chinese獨立監察警方處理投訴委員會
Transcriptions
Yue: Cantonese
Yale RomanizationDuhk laahp gāam chaat gíng fōng chyú léih tàuh sou wái yùhn wúi
JyutpingDuk6 laap6 gaam1 caat3 ging2 fong1 cyu2 lei5 tau4 sou3 wai2 jyun4 wui2

The Independent Police Complaints Council (IPCC) is a civilian body of the Government of Hong Kong, part of the two-tier system in which the Hong Kong Police Force investigates complaints made by the public against its members and the IPCC monitors those investigations.

The IPCC acts as an independent body to monitor the review by the Complaints Against Police Office (CAPO) of complaints against members of the Police Force. Unlike CAPO, which is a unit of the police force, the IPCC is a civilian body not linked with the police that reports directly to the office of the Chief Executive of Hong Kong. There have been criticisms in LegCo that the IPCC has limited monitoring power.[2]

History

[edit]

The IPCC was set up in 1986 as the Police Complaints Committee or PCC, which reported to the then-Governor of Hong Kong. The PCC was preceded by the UMELCO Police Group, a body within the Office of the Unofficial Members of the Executive and Legislative Councils. The PCC was renamed to its current name in 1994.

The IPCC is headed by a Secretariat and is governed by the Independent Police Complaints Council (IPCC) Ordinance, which was enacted in July 2008. On 1 June 2009, after the ordinance came into operation, the Chinese official name of IPCC was changed from "投訴警方獨立監察委員會" to "獨立監察警方處理投訴委員會" while the English name remained the same.[3][4]

Organisation

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  • Secretariat
  • Secretary
  • Deputy Secretary
  • Legal Adviser
  • Transitional Arrangements Team
  • Senior PR Officer
  • Case Teams (3)
  • Planning and Support Teams

Composition

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The IPCC Ordinance stipulates that the IPCC shall be formed by a chairman, three vice-chairmen, and no fewer than eight other members. All members are appointed by the Chief Executive of Hong Kong. Persons holding an "office of emolument" within a government bureau or department, as well as former members of the police force, are not eligible to be appointed to the IPCC.

As of 4 September 2019, the IPCC had 29 members:[5]

  • Chairman
  • Vice-chairmen
  • Members
    • Lisa LAU Man-man
    • SO Lai-chun
    • Eric CHENG Kam-chung
    • Richard HO Kam-wing
    • Herman Hui
    • Edgar KWAN Chi-ping
    • Barry CHIN Chi-yung
    • José-Antonio MAURELLET
    • Clement CHAN Kam-wing
    • Wilson KWONG Wing-tsuen
    • Ann AU Chor-kwan
    • Alex CHU‍ Wing-yiu
    • Douglas LAM Tak-yip
    • Sylvia LEE Hiu-wah
    • David‍ LEE Ka-yan
    • Melissa Kaye PANG
    • Shalini Shivan SUJANANI
    • Martin WONG Chi-sang
    • Johnny YU Wah-yung
    • Anissa Chan
    • Roland WONG Ka-yeung
    • LEE Man-bun
    • Jane Curzon LO
    • Paul Lam Ting-kwok[6]
    • Helen Yu Lai Ching-ping[6]

List of chairmen

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  1. Chen Shou-lum, CBE, JP (1986–1987)
  2. Daniel Tse Chi-wai, GBS, CBE, JP (1987–1993)
  3. Rosanna Wong Yick-ming, DBE, JP (1993)
  4. Denis Chang Khen-lee, CBE, QC, SC, JP (1993–1998)
  5. Robert Tang Kwok-ching, GBM, SBS, QC, SC, JP (2000–2004)
  6. Ronny Wong Fook-hum, SBS, MBE, QC, SC, JP (2004–2008)
  7. Jat Sew-tong, SBS, SC, JP (2008–2014)
  8. Larry Kwok Lam-kwong, SBS, JP (2014–2018)
  9. Anthony Francis Neoh, QC, SC, JP (2018–2021)
  10. Priscilla Wong Pui-sze, BBS, JP (2021– )

Criticism

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The IPCC, as noted by the UN Human Rights Committee in its Concluding Observations in 2013, has limited powers and lacks independence. It only has "advisory and oversight functions to monitor and review the activities of the CAPO" and its members are political appointees chosen by the Chief Executive. It neither has legal power to summon witnesses nor offers protection to the victims and witnesses.[7]

Despite a considerable number of reportable complaints filed with the CAPO, only a small percentage of them were classified as substantiated. Between 2004 and 2018, CAPO received 6,412 complaints alleging police assault. Only four cases were substantiated by CAPO, while over half of the cases were dismissed without actionable conclusions. Between 2010 and 2018, among all of the cases on police misconduct substantiated by the IPCC, the police responded by referring only one case for prosecution, while officers in the majority of cases were only given "advice".[8]

As members of the IPCC are directly appointed by the Chief Executive, the council is generally aligned with pro-establishment figures. The former Chief Executive Leung Chun-ying, for instance, drew criticism[9] for appointing Barry Chin Chi-yung, a member of the pro-Beijing political group Silent Majority for Hong Kong, to the council. Where Chin was an outspoken critic of the 2014 pro-democracy protests, which saw allegations of police brutality.[10] In 2017, Chief Executive Carrie Lam sought to enhance the credibility of the IPCC by appointing Anthony Francis Neoh, a heavyweight in the legal sector, as its chairman.[9]

Clifford Stott, one of five members of an expert panel recruited for the IPCC in September during the 2019–20 Hong Kong protests, has reaffirmed that the powers, capacity, and independent investigative capability of the body was not commensurate with the "standards required of an international police watchdog operating in a society that values freedoms and rights".[11][12] According to Stott, "structural limitations in the scope and powers of the IPCC inquiry [inhibit] its ability to establish a coherent and representative body of evidence".[11][12] In its resignation statement in December, the panel said the IPCC "needs to substantially enhance its capacity" so as to be able to "assemble a coherent account of the facts from police and other bodies; to access important documents and validate accounts supplied by police and others in a timely fashion; and to significantly improve its capability to identify and secure evidence from key witnesses outside policing".[11]

In response, Carrie Lam remarked that Stott had "only spent 10 days or a week in Hong Kong. His stay in Hong Kong was quite short compared to the year-long review of so much information by the IPCC. Therefore everyone can tell which side was able to obtain the truth and have a better understanding of Hong Kong" regarding the latest IPCC thematic report on the 2019-20 Hong Kong protests. Lam added that the IPCC is made up of members with varying backgrounds and expertise, and their objectiveness is reliable.[13]

The Court of First Instance reported on November 20 that the IPCC and the Complaints Against Police Office (CAPO) cannot effectively conduct investigation into misconduct unless new powers were given.[14]

In September 2022, Helen Yu Lai Ching-ping, an IPCC member, blamed Hong Kong's child abuse cases on "widespread" sexual and violent content on TV.[15] Yu also blamed the TVB Miss Hong Kong Pageant, to which TVB said that the pageant should not be associated with child abuse.[15] TVB also said that it reserved the right to pursue legal action against false accusations.[16]

Report on 2019 Hong Kong protests

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See also: Police misconduct allegations during the 2019–20 Hong Kong protests

The IPCC released a thousand-page report on policing during the 2019–20 Hong Kong protests in which the police was generally exonerated. It concluded that officers generally acted within guidelines but there was "room for improvement".[17][18]

Findings mirrored police assertions that force was only in reaction to the violent unrest, but said there were "areas for improvement" when officers interacted with protesters. While Chief executive Lam praised the "comprehensive and objective" report,[17] Rights groups and pro democracy parties universally pointed to the lack of independence of the IPCC and the absence of police accountability, and expressed outrage at the report as an absurd and preposterous whitewash.[19] Lam said priority for implementation were a code of practice for journalists covering protests; more powers to monitor social media and tackle misinformation; reviewing internal police command structures; and identification of police officers with clear numbers.[17][20] Clifford Stott, who quit the IPCC foreign experts panel, said: "It would seem the release of the IPCC report is part of a wider set of coordinated announcements designed to deliver the new 'truth'".[19]

FactWire performed fact-checking on the report. It reviewed the videos during the police's kettling of protesters into the CITIC Tower on 12 June 2019, and rebutted the report's claim that Tim Mei Avenue was unobstructed for the crowd to leave.[21] It also pointed out the report denied the fact that the 21 July 2019 Yuen Long attack was an indiscriminate attack by inappropriately labelling it as clashes between black and white-clad crowds.[22]

See also

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References

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  1. ^ "Estimates for the year ending 31 March 2020" (PDF). The 2019–20 Budget. Hong Kong Government. 2019.
  2. ^ Police complaints system – Government press release quoting reply by the Secretary for Security in LegCo, 14 Jan 9
  3. ^ "立法會：保安局局長在《投訴警方獨立監察委員會條例草案》全體委員會審議階段致辭（二）（只有中文）". Government of Hong Kong.
  4. ^ History Archived 1 August 2014 at the Wayback Machine, IPCC
  5. ^ "Council membership". Independent Police Complaints Council. Retrieved 5 September 2019.
  6. ^ a b "Appointments of new members to Independent Police Complaints Council". Hong Kong Government. 4 September 2019.
  7. ^ "CCPR/C/CHN-HKG/CO/3" (PDF).
  8. ^ "In full: An open letter to Hong Kong's leader calling for an investigation into police use of force". In full: An open letter to Hong Kong's leader calling for an investigation into police use of force. 29 June 2019.
  9. ^ a b "Independent inquiry still an option for Carrie Lam EJINSIGHT - ejinsight.com". EJINSIGHT. Retrieved 9 July 2020.
  10. ^ Cheung, Karen (31 December 2015). "CY Leung appoints pro-Beijing member to police watchdog body IPCC". Hong Kong Free Press.
  11. ^ a b c "IPCC expert panel might be gone, but its advice still holds true". EJ Insight. 13 December 2019.
  12. ^ a b "Hong Kong's Police Watchdog Unable to Do Its Job: Experts". Time.
  13. ^ "IPCC knows HK better than overseas expert, says CE". RTHK. 19 May 2020. Archived from the original on 29 May 2020.
  14. ^ "Hong Kong police suspending alternative identification system after court ruling". 20 November 2020.
  15. ^ a b Standard, The. "Member of police watchdog slams Miss HK show as "too revealing"". The Standard. Retrieved 21 September 2022.
  16. ^ "Hong Kong's TVB threatens legal action over criticism of beauty pageant outfits". South China Morning Post. 21 September 2022. Retrieved 21 September 2022.
  17. ^ a b c "Lam shelves independent review into what caused Hong Kong protests". South China Morning Post. 15 May 2020.
  18. ^ "Hong Kong police watchdog clears force of misconduct citing online "propaganda", but says 'room for improvement'". Hong Kong Free Press. 15 May 2020.
  19. ^ a b "'Absurd, preposterous, whitewash': Reactions pour in as Hong Kong police watchdog clears force of wrongdoing". Hong Kong Free Press. 15 May 2020.
  20. ^ "Hong Kong mulls more police powers to monitor social media and "code of practice" for journalists". Hong Kong Free Press. 15 May 2020.
  21. ^ "【Fact Check】612中信圍困警方向監警會指添美道「暢通無阻」 片段證催淚彈夾擊無路走" [[Fact Check]Police claims to IPCC Tim Mei Avenue was "unobstructed" during 612 CITIC Tower Siege; Footages show tear gas blocks all ways]. FactWire (in Chinese (Hong Kong)). 20 May 2020.
  22. ^ "【Fact Check】監警會報告形容721事件為黑白衣人衝突 無視無差別攻擊事實" [[Fact Check]IPCC report describes 721 incident as black-white-clad clashes, Denies fact of indiscriminate attack]. FactWire (in Chinese (Hong Kong)). 20 July 2020.
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