Court Dismisses Challenge Over IPCC Report

"); jQuery("#212 h3").html("

Related News Programmes

"); });

2020-04-16 HKT 17:05

Share this story

facebook

  • The court says there is no basis to confine the role of the IPCC to a narrow and passive one. File Photo: RTHK

    The court says there is no basis to confine the role of the IPCC to a narrow and passive one. File Photo: RTHK

The High Court on Thursday ruled that the police watchdog is not acting beyond its powers by conducting a study on the months-long anti-government protests.

Justice Keith Yeung dismissed a judicial review lodged by social worker and activist Hendrick Lui against the Independent Police Complaints Council (IPCC).

He had argued that the IPCC had overstepped its power in conducting the fact-finding study, because it should only review investigation reports submitted by the Complaints Against Police Office (Capo).

But Yeung said the study is not meant to be an investigation into any individual complaint. He also noted that the protests are unprecedented and the number of complaints against police officers has been climbing.

The judge said the time to handle the complaints is tight, and reconstructing an overall picture of the events can help the IPCC to review the reports effectively and in the proper context when they are submitted by Capo.

Yeung also said there's no basis to confine the role of the IPCC to a narrow and passive one when discharging its statutory role and functions.

The IPCC ordinance has given powers to the council to “do all such things that are reasonably necessary for, or incidental or conducive to, the performance of its functions”, the judge said.

He said the council is using its power to carry out the study in anticipation of the large number of reports expected to be received from Capo.

“An overall or broad picture is sought to be reconstructed, which is intended to be used to assist the facilitate the consideration of investigation reports when received, so that they could be reviewed effectively and in the proper context, so that appropriate questions could be asked,” he writes.

He says, therefore, the use of the powers by the council to carry out the study is “purposively and contextually related to its functions” under the law.

In January, the IPCC withheld an interim report covering some of the initial major protest events.

The government has long argued that the IPCC's report is a better way to review alleged police brutality, rather than setting up an independent commission of inquiry as demanded by protesters and many legal scholars.

RECENT NEWS

XTransfer Partners With Bank SinoPac HK To Expand Cross-Border Payment Services

XTransfer has entered into a collaboration with Bank SinoPac, through its Hong Kong Branch, to expand international ope... Read more

Standard Chartered To Launch Bitcoin And Ethereum Custody Services By 2026

Standard Chartered Bank (Hong Kong) participated in Hong Kong Fintech Week 2025 (HKFTW25) as a strategic partner, annou... Read more

HashKey And Kraken Form Partnership On Institutional Tokenised Assets

HashKey and Kraken have announced a strategic partnership to promote institutional adoption of tokenised assets. The co... Read more

Reap Expands Global HQ With New Office In Hong Kong

Reap, a global fintech company providing stablecoin-enabled financial infrastructure, has expanded its global headquart... Read more

HeyMax Debuts In Hong Kong, Partnering With Cathay To Drive Regional Growth

Loyalty and travel rewards platform HeyMax has made its first international launch in Hong Kong, partnering with Cath... Read more