Bilingual Editorial: Reform of IPCC is unavoidable
雙語社評:國際專家道不足 監警改革難迴避
文章日期:2020年1月10日

雙語社評齊齊聽

[英語 (足本收聽)] Presented by Mr TSANG, William Wai-sum, Lecturer of Hong Kong Community College, The Hong Kong Polytechnic University

[普通話 (足本收聽)] Presented by Mr CHOW, Raymond Wen-chun, Lecturer of Hong Kong Community College, The Hong Kong Polytechnic University

 

Five international experts were earlier solicited by the Independent Police Complaints Council (IPCC) for their assistance in the review of the police's action and work on the anti-amendment movement. Though the interim report has yet to be published, it has emerged that the panel of international experts has left the IPCC. The IPCC has stressed that the panel did not resign, but the public perceives the news differently.

[ENG audio 1]

The anti-amendment storm has gone on for half a year, and one of the centres of controversy has been the police's law-enforcement actions. There has been an endless string of accusations of ''police brutality''. In early September chief executive Carrie Lam announced the withdrawal of the amendment bill and that the IPCC would be tasked with reviewing the police's law enforcement actions taken since June. Not only were new members added to the IPCC, but a panel of international experts was also lined up to review the police's work and the procedures they adopted concerning large-scale public activities. The panel was also expected to provide its professional opinion for the IPCC. The five international experts commissioned by the IPCC have impressive backgrounds. One of them is Sir Denis O'Connor, the former UK chief inspector of constabulary whose experience includes the handling of the 2011 riots in the UK.

[ENG audio 2]

The IPCC has more than once said that the Independent Police Complaints Council Ordinance does not grant it the authority to investigate, and that it has to act within its terms of reference. However, it is obvious that the panel of international experts believes that it will be difficult to continue its work unless the structural limits on the IPCC's term of reference and scope of power are resolved. The panel says that it will continue to support the IPCC if its authority is expanded sufficiently and it provides the panel with the first draft of the interim report. This position can be interpreted in reverse: the panel seems to think that an important prerequisite for their continued cooperation is the enhancement of the IPCC's power. The government must face the reality, i.e. the IPCC's lack of independence and power, squarely rather than turn a blind eye to it.

[ENG audio 3]

In terms of authority and the system in which it is placed, the IPCC is apparently inadequate compared with the police watchdogs of advanced nations. Take the UK and Canada. In these two countries, the police watchdogs have independent investigative power. In the UK, the case must be referred to the watchdog for investigation if the police's actions result in serious injuries or deaths. Canada's police watchdog even has the power to handle complaints directly and collect evidence. The IPCC in Hong Kong, in contrast, has neither the power of independent investigation nor the power to summon witnesses. It cannot handle the public's complaints directly. All the matters have to be handled by the Complaints and Internal Investigations Branch (C&IIB) of the police, which will then submit investigative reports to the IPCC concerning those ''reportable complaints''. The IPCC is only responsible for reviewing, observing and re-reviewing the police's handling and investigation of ''reportable'' complaints. Such a mechanism for handling complaints is in nature ''police officers investigating themselves''. If the police do not cooperate actively and provide the information, it will be difficult for the IPCC to follow up on complaints effectively.

[ENG audio 4]

We believe that the authorities should take a two-pronged approach. On the one hand, they should set up an independent commission of inquiry to respond to controversies that society is most concerned about so as to piece together the facts and promote social reconciliation. On the other hand, they should reform the mechanism for monitoring the police force by studying more sophisticated practices other regions have adopted. The IPCC's authority should be strengthened considerably to restore public trust.

[ENG audio 5]

國際專家道不足 監警改革難迴避

監警會早前委聘5名國際專家,協助審視反修例風暴警方行動及工作,未料監警會中期報告尚未出爐,卻率先傳出國際專家小組退出的消息。雖然監警會強調專家小組並非請辭,然而外界觀感卻是另一回事。

[PTH audio 1]

反修例風暴持續半年,警方執法成為爭議焦點之一,「警暴」指控不絕,行政長官林鄭月娥9月初宣布撤回修例,以及由監警會審視警方6月以來的執法行動。監警會除了加入新成員,亦成立國際專家小組,協助審視與大型公眾活動相關的警務工作及程序,提供專業建議。監警會委聘的5名國際專家來頭不小,當中包括曾經處理2011年英國騷亂的英國警察監察局前總督察Sir Denis O'Connor。

[PTH audio 2]

監警會一再表示,《監警會條例》並未賦予監警會調查權力,他們必須根據法定權限工作,不過國際專家小組顯然認為,若不解決調查權力和範圍的結構限制,工作很難推展下去。小組表示,如果監警會增加所需權力並提供中期報告初稿,會繼續支持監警會。若將有關說法反過來看,小組似乎認為,雙方繼續合作的重要前提,是必須加強監警會權力。政府必須面對監警會獨立性和權力不足的現實,不能掩耳盜鈴。

[PTH audio 3]

比起先進發達國家的監警機構,香港監警會的權力和制度設計明顯有所不及。以英國和加拿大為例,兩地監警機構均有獨立調查權。在英國,如果警方行動導致國民嚴重受傷或身亡,案件必須轉介監警機構調查;加拿大的監警機構更可直接處理投訴,並有蒐證等權力。反觀香港監警會並無獨立調查權,亦沒有權力傳召證人,不能直接處理市民投訴,一切由警隊投訴警察課負責跟進,之後再把「須匯報」投訴個案,向監警會提交調查報告。監警會只負責審視、觀察及覆檢警方對「須匯報」投訴個案的處理及調查。這樣的投訴處理機制,本質是由警方「自己人查自己人」,如果警方不積極配合提供資料,監警會很難有效跟進投訴。

[PTH audio 4]

我們認為當局應該兩條腿走路,一邊設立獨立調查委員會,因應社會最關注的爭議,還原事實真相,推動社會和解;一邊參考外地先進經驗,改革監警機制,顯著加強監警會權力,重建公眾信任。

[PTH audio 5]

明報社評2019.12.12