Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/17

(2) In this section, “video recording” (錄影紀錄) means a recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track.

23. Council may require Commissioner to investigate reportable complaints

(1) Subject to subsection (2), the Council may require the Commissioner to investigate (whether or not there has been any previous investigation) a reportable complaint.

(2) If the reportable complaint is a request for review, then, subject to section 13(3), the Council may require the Commissioner to investigate (whether or not there has been any previous investigation) any matter relating to the request for review only if—

(a) in the case of the first request for review in respect of a reportable complaint, the request for review is made within 30 days after—

(i) the complainant; or

(ii) (where the reportable complaint was made by a person on behalf of the complainant) the person who made the complaint,

was notified by the Commissioner of the classification of the reportable complaint;

(b) in the case of a second or subsequent request for review in respect of a reportable complaint, the request for review is made within 30 days after—

(i) the complainant; or

(ii) (where the last request for review was made by a person on behalf of the complainant) the person who made the last request for review,

was notified by the Council of the outcome of the Commissioner’s last review of the classification of the reportable complaint; or

(c) in the case of a request for review made after the expiry of the period applicable to the request for review under paragraph (a) or (b), the Council is of the opinion that exceptional circumstances exist in relation to the request for review.

(3) In determining whether exceptional circumstances exist for the purposes of subsection (2)(c), the Council may take into account any factor including, but not limited to, the following—

(a) whether there is any fresh evidence in respect of the request for review; and