LEGISLATIVE COUNCIL ─ 26 June 2002 7805 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 26 June 2002 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. DR THE HONOURABLE DAVID CHU YU-LIN, J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE ERIC LI KA-CHEUNG, J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, J.P. THE HONOURABLE NG LEUNG-SING, J.P. 7806 LEGISLATIVE COUNCIL ─ 26 June 2002 THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE HUI CHEUNG-CHING, J.P. THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE CHAN YUEN-HAN, J.P. THE HONOURABLE BERNARD CHAN THE HONOURABLE CHAN KAM-LAM THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE YEUNG YIU-CHUNG, B.B.S. THE HONOURABLE LAU CHIN-SHEK, J.P. LEGISLATIVE COUNCIL ─ 26 June 2002 7807 THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE LI FUNG-YING, J.P. THE HONOURABLE HENRY WU KING-CHEONG, B.B.S. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE MICHAEL MAK KWOK-FUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE LEUNG FU-WAH, M.H., J.P. DR THE HONOURABLE LO WING-LOK THE HONOURABLE WONG SING-CHI 7808 LEGISLATIVE COUNCIL ─ 26 June 2002 THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE IP KWOK-HIM, J.P. THE HONOURABLE LAU PING-CHEUNG THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE MA FUNG-KWOK MEMBERS ABSENT: THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE DONALD TSANG YAM-KUEN, J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE ANTONY LEUNG KAM-CHUNG, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE ELSIE LEUNG OI-SIE, J.P. THE SECRETARY FOR JUSTICE MR JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE MISS DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE TREASURY MRS LILY YAM KWAN PUI-YING, J.P. SECRETARY FOR THE ENVIRONMENT AND FOOD LEGISLATIVE COUNCIL ─ 26 June 2002 7809 DR YEOH ENG-KIONG, J.P. SECRETARY FOR HEALTH AND WELFARE MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR SECURITY MRS FANNY LAW FAN CHIU-FUN, J.P. SECRETARY FOR EDUCATION AND MANPOWER MR JOHN TSANG CHUN-WAH, J.P. SECRETARY FOR PLANNING AND LANDS MR RAYMOND YOUNG LAP-MOON, J.P. SECRETARY FOR COMMERCE AND INDUSTRY CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MR LAW KAM-SANG, J.P., DEPUTY SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 7810 LEGISLATIVE COUNCIL ─ 26 June 2002 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Child Abduction and Custody (Parties to Convention) (Amendment) Order 2002 ........................... 103/2002 Declaration of Mental Hospital (Consolidation) (Amendment of Schedule) Order 2002 ............ 104/2002 Shipping and Port Control (Closure of Waters) Notice 2002 ............................................ 105/2002 Other Papers No. 87 ─ J.E. Joseph Trust Fund Report for the period 1 April 2001 to 31 March 2002 No. 88 ─ Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 2001 to 31 March 2002 No. 89 ─ Report of the Independent Police Complaints Council 2001 No. 90 ─ Hong Kong Export Credit Insurance Corporation Annual Report 2001-2002 Report of the Panel on Home Affairs 2001/2002 Report of the Bills Committee on Revenue Bill 2002 and Revenue (No. 2) Bill 2002 Report of the Bills Committee on Noise Control (Amendment) Bill 2001 Report of the Bills Committee on Employees Compensation Assistance (Amendment) Bill 2002 LEGISLATIVE COUNCIL ─ 26 June 2002 7811 ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr Eric LI will address this Council on the Report of the Independent Police Complaints Council 2001. Report of the Independent Police Complaints Council 2001 MR ERIC LI: Madam President, on behalf of the Independent Police Complaints Council (IPCC), may I present the Report of the IPCC 2001. The IPCC is an independent body whose members are appointed by the Chief Executive. Its main duty is to monitor and review the investigation conducted by the Complaints Against Police Office (CAPO) of the Hong Kong Police Force into complaints against the police to ensure impartiality and thoroughness. When examining the investigation reports, the IPCC can ask the CAPO to clarify areas of doubt or request the CAPO to re-investigate into a complaint if it is not satisfied with the investigation result. Where necessary, the IPCC may also interview witnesses including the complainants, complainees and professionals, such as forensic pathologists, for further information or expert advice. A case will not be finalized until the IPCC has endorsed the CAPO's investigation results. In 2001, the IPCC reviewed and endorsed a total of 3 540 complaint cases involving 6 103 allegations, a decrease of eight cases but an increase of 169 allegations when compared with the corresponding figures of 3 548 and 5 934 in 2000. Allegations of assault, misconduct/improper manner/offensive language, and neglect of duty constituted 81.6% of the complaints, representing a slight increase of 1.4% when compared with the figure of 80.2% recorded for 2000. Of the 6 103 allegations endorsed, 112 were classified as substantiated, 129 were substantiated other than reported, 30 were not fully substantiated, 1 123 were unsubstantiated, 383 were false, 478 were no fault, four were curtailed; 1 727 were withdrawn, 626 were not pursuable, and the remaining 1 491 allegations which were of a very minor nature, such as impoliteness, were resolved by informal resolution, that is, mediation by a senior police officer who is at least at the Chief Inspector of Police rank in the complainee's division. The substantiation rate in relation to the 2 255 fully investigated allegations in 2001 was 12%. 7812 LEGISLATIVE COUNCIL ─ 26 June 2002 In 2001, the IPCC raised 868 queries on the CAPO's investigation reports, asking for clarifications on ambiguous points or questioning the results of investigations. Subsequently, the results of investigation of 93 allegations were changed. Arising from the investigation results endorsed by the IPCC in 2001, criminal proceedings, disciplinary and other forms of internal actions were taken against 293 police officers. The IPCC also suggested improvements to police procedures where appropriate. To provide a higher level of service, the IPCC has promulgated a set of performance pledges in terms of standard response time in handling public inquiries and monitoring complaints against the police. The performance of the IPCC in meeting its pledges in 2001 was satisfactory. 99.1% of normal cases were endorsed within the pledged period of three months. In addition, 98.9% of complicated cases and 99.2% of appeal cases were endorsed within the pledged period of six months. With experience gained from the past years' operation, the IPCC will strive to maintain a high level of performance in future. Although the IPCC plays no part in the actual investigation, the IPCC members and lay observers, through the IPCC Observers Scheme, can observe the conducting of investigations and interviews by the CAPO on a scheduled or surprise basis. In 2001, 210 observations were arranged under the IPCC Observers Scheme. After each observation, the observers report to the IPCC as to whether the CAPO has conducted the investigation in a thorough and impartial manner. Their feedback has been useful for the IPCC in monitoring the complaint cases. During 2001, the IPCC organized a series of programme to publicize its functions and image. A seminar was organized in March 2001 at the Hong Kong Convention and Exhibition Centre. The seminar was aimed at providing a forum for community leaders to discuss the keys to an effective police complaints monitoring system. The Commissioner of Police and three overseas speakers experienced in civilian oversight of investigation of complaints against police made presentations at the seminar. Over 500 community leaders and representatives of government bureaux/departments attended the seminar. They found the presentations by the speakers informative and thought-provoking and they also participated actively during the open forum. LEGISLATIVE COUNCIL ─ 26 June 2002 7813 Apart from the seminar, the IPCC also produced jointly with the Radio Television Hong Kong a television series comprising four half-hour episodes for broadcast on local television stations with a view to enhancing public understanding of the operation of the police complaints system and the work of the IPCC.