Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/12

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”) may make a complaint or a request for review on behalf of a complainant only if—

(a) the complainant is below the age of 16 years at the time when the complaint or request for review (as the case may be) is made and the representative is his relative or guardian;

(b) the complainant is a mentally incapacitated person or is unable to make the complaint or request for review (as the case may be) himself due to death or illness, and the representative is—

(i) a relative of the complainant; or

(ii) a guardian (as defined in section 2(1) of the Mental Health Ordinance (Cap. 136)) of the complainant; or

(c) the representative has written authorization from the complainant to make the complaint or request for review (as the case may be) on behalf of the complainant.

(2) For the purposes of subsection (1), “relative” (親屬) means—

(a) a spouse, child, parent, grandparent or grandchild; or

(b) a person who is, or is the issue of, a brother, sister, uncle or aunt.

(3) In deducing any relationship for the purposes of subsections (1) and (2)—

(a) an adopted person is treated as the child of the person or persons by whom he was adopted;

(b) any relationship by affinity is treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step-child of a person as the child of that person; and

(c) an illegitimate child is treated as a legitimate child of his mother and reputed father.