INDEPENDENT POLICE COMPLAINTS COUNCIL
ORDINANCE
(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.
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”) is to be treated as a reportable complaint only if the request for review—
- (a) is not vexatious or frivolous;
- (b) is made in good faith; and
- (c) (if made by a person on behalf of a complainant) is made in accordance with section 15.
(2) A request for review must not seek for the review of a reportable complaint that is classified as “informally resolved”.
(3) On such review, the Commissioner is not required to conduct a fresh or further investigation of any fact or evidence considered in the determination of the relevant classification unless the person who makes the request for review puts forward a point of view on the analysis of that fact or evidence and—
- (a) the Commissioner did not consider such a point of view in his determination of the relevant classification;
- (b) the point of view, if established after a fresh or further investigation of that fact or evidence, may result in a change of the relevant classification; and
- (c) the consideration of the point of view reasonably requires a fresh or further investigation of that fact or evidence.
