Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/13

16. Reconsideration of categorization by Commissioner

(1) If the Council considers that a complaint included in a list of notifiable complaints under section 9 should be categorized as a reportable complaint, it may advise the Commissioner of its opinion, and the Commissioner must—

(a) have regard to such opinion; and

(b) reconsider the categorization of the complaint.

(2) The Commissioner must, as soon as practicable after the completion of his reconsideration under subsection (1), inform the Council of the outcome of his reconsideration.

(3) For the purpose of performing the Council’s function under subsection (1), the Council may require the Commissioner to provide—

(a) explanations to support the categorization of a complaint as a notifiable complaint;

(b) in relation to a belated complaint (as defined in section 12(3)) that is not categorized as a reportable complaint solely on the ground that the complaint is not of a serious nature, explanations to support that ground; and

(c) information or material in support of the explanations.

Division 2—Functions relating to Investigation or Interim Investigation Reports on Reportable Complaints

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.