Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/22

36. Prior notification of interview and collection of evidence

(1) In so far as practicable, the Commissioner must, before he conducts—

(a) an interview in respect of a reportable complaint; or

(b) any collection of evidence in the investigation of a reportable complaint,

notify the Council of the interview or collection of evidence.

(2) The notification must set out—

(a) the nature of the allegations contained in the reportable complaint;

(b) the date, time and place of the interview or collection of evidence and the form in which it will be conducted; and

(c) the particulars of the interviewee and the interviewer.

(3) If the Commissioner has conducted an interview or any collection of evidence referred to in subsection (1) (“the incident”) without prior notice to the Council, the Commissioner must, as soon as practicable after the incident and in writing—

(a) notify the Council of the incident;

(b) explain to the Council the reasons why such prior notice has not been given; and

(c) provide to the Council information that would have been required to be set out, under subsection (2), in a notification in respect of the interview or collection of evidence if such prior notice had been given.

37. Observers may attend interviews and observe collection of evidence

(1) For the purposes of section 34, an observer may at any time and without prior appointment—

(a) attend an interview conducted by the Commissioner in respect of a reportable complaint; and

(b) observe the collection of evidence by the Commissioner in the investigation of a reportable complaint.

(2) After having attended the interview or having observed the collection of evidence, the observer must submit a report to the Council stating—

(a) whether, in his opinion, the interview or collection of evidence has been conducted in a fair and impartial manner; and

(b) where applicable, the particulars of any irregularities detected by the observer in respect of the interview or collection of evidence.