Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/7

“mentally incapacitated person” (精神上無行為能力的人) means a person who is mentally disordered or mentally handicapped within the meaning of the Mental Health Ordinance (Cap. 136);

“notifiable complaint” (須知會投訴) means a complaint categorized as a notifiable complaint in accordance with section 14;

“observer” (觀察員) means a person appointed to be an observer under section 33;

“police conduct” (警方行為) means the conduct, practice or procedure referred to in section 11(a);

“police force” (警隊) means the Hong Kong Police Force or the Hong Kong Auxiliary Police Force established under the Hong Kong Auxiliary Police Force Ordinance (Cap. 233);

“reportable complaint” (須匯報投訴) means—

(a) a complaint categorized as a reportable complaint in accordance with section 11; or

(b) a request for review treated as a reportable complaint in accordance with section 13;

“request for review” (覆核要求) means a request for reviewing the classification of a reportable complaint referred to in section 13;

“Secretary-General” (秘書長) means the Secretary-General to the Council appointed under section 6(1);

“Vice-Chairman” (副主席) means a Vice-Chairman of the Council referred to in section 5(1)(b), and includes a person appointed under section 5 of Schedule 1 to act as a Vice-Chairman.

(2) In this Ordinance, a reference to the performance of a function includes the exercise of a power and the discharge of a duty.

(3) In sections 8(1)(b), 19(1)(d), 26 and 40(3)(b), a reference to any action taken or to be taken in respect of a member of the police force includes a decision that no action be taken against that member.

PART 2
Incorporation of Independent Police Complaints Council

4. Incorporation of Council

(1) There is hereby established a body corporate known as—

(a) “Independent Police Complaints Council” in English; and

(b) “獨立監察警方處理投訴委員會” in Chinese.

(2) The Council has perpetual succession and may sue and be sued in its English or Chinese name.

(3) The Council is neither a servant nor an agent of the Government and does not enjoy any status, immunity or privilege of the Government.