Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/15

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INDEPENDENT POLICE COMPLAINTS COUNCIL
ORDINANCE

Ord. No. 33 of 2008
A1507


(b) explain the reasons for not being able to complete the investigation within the 6 months’ period or such shorter period covered by the report.

(4) The Council may advise the Commissioner of its opinion on an interim investigation report.

19. Council may advise Commissioner of its opinion or recommendation on investigation report

(1) The Council may, in relation to an investigation report submitted under section 17, advise the Commissioner of—

(a) its recommendation on the classification of the complaint;
(b) its recommendation on the Commissioner’s handling or investigation of the complaint;
(c) its recommendation on any fault or deficiency identified in any practice or procedure adopted by the police force;
(d) its opinion on the action taken or to be taken in respect of a member of the police force by the Commissioner in connection with the complaint; or
(e) its recommendation on the report other than those mentioned in paragraphs (a), (b) and (c).

(2) If an investigation report is amended in response to the Council’s recommendations referred to in subsection (1), the Commissioner must submit the report as amended to the Council as soon as practicable.

(3) The Council may, if it considers appropriate, submit any part of its opinion or recommendation referred to in subsection (1) to the Chief Executive for consideration.

20. Council may conduct interview

(1) At any time after an investigation report has been submitted to the Council under section 17, the Council may, for the purpose of considering the report, interview any person who is or may be able to provide information or other assistance to the Council in relation to the report.

(2) At any time after an interim investigation report has been submitted to the Council under section 18, the Council may, with the consent of the Commissioner and for the purpose of considering the report, interview any person who is or may be able to provide information or other assistance to the Council in relation to the report.

(3) Unless the Commissioner is reasonably of the opinion that an interview under subsection (2) would be likely to prejudice the investigation of any crime or any complaint made to him, he must give his consent to the interview.