HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 3677 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 26 May 1993 The Council met at half-past Two o'clock PRESENT THE PRESIDENT THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., LL.D., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE SIR DAVID ROBERT FORD, K.B.E., L.V.O., J.P. THE FINANCIAL SECRETARY THE HONOURABLE NATHANIEL WILLIAM HAMISH MACLEOD, C.B.E., J.P. THE ATTORNEY GENERAL THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. THE HONOURABLE DAVID LI KWOK-PO, O.B.E., J.P. THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E. THE HONOURABLE SZETO WAH THE HONOURABLE TAM YIU-CHUNG THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P. THE HONOURABLE LAU WONG-FAT, O.B.E., J.P. THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, J.P. THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. 3678 HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 THE HONOURABLE LAU WAH-SUM, O.B.E., J.P. DR THE HONOURABLE LEONG CHE-HUNG, O.B.E. THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E. THE HONOURABLE PETER WONG HONG-YUEN, O.B.E., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE VINCENT CHENG HOI-CHUEN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHIM PUI-CHUNG REV THE HONOURABLE FUNG CHI-WOOD THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA DR THE HONOURABLE HUANG CHEN-YA THE HONOURABLE SIMON IP SIK-ON, J.P. DR THE HONOURABLE LAM KUI-CHUN DR THE HONOURABLE CONRAD LAM KUI-SHING THE HONOURABLE LAU CHIN-SHEK THE HONOURABLE EMILY LAU WAI-HING THE HONOURABLE LEE WING-TAT THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE FRED LI WAH-MING THE HONOURABLE STEVEN POON KWOK-LIM THE HONOURABLE HENRY TANG YING-YEN, J.P. THE HONOURABLE JAMES TO KUN-SUN HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 3679 DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG DR THE HONOURABLE YEUNG SUM THE HONOURABLE HOWARD YOUNG, J.P. THE HONOURABLE ZACHARY WONG WAI-YIN DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE CHRISTINE LOH KUNG-WAI THE HONOURABLE ROGER LUK KOON-HOO THE HONOURABLE ANNA WU HUNG-YUK ABSENT THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P. THE HONOURABLE MOSES CHENG MO-CHI THE HONOURABLE MARVIN CHEUNG KIN-TUNG, J.P. THE HONOURABLE GILBERT LEUNG KAM-HO THE HONOURABLE MAN SAI-CHEONG THE HONOURABLE TIK CHI-YUEN IN ATTENDANCE THE HONOURABLE JOHN CHAN CHO-CHAK, L.V.O., O.B.E., J.P. SECRETARY FOR EDUCATION AND MANPOWER MR JAMES SO YIU-CHO, O.B.E., J.P. SECRETARY FOR RECREATION AND CULTURE THE HONOURABLE MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS 3680 HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 MR ANTHONY GORDON EASON, J.P. SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS MR GORDON SIU KWING-CHUE, J.P. SECRETARY FOR ECONOMIC SERVICES MR DONALD TSANG YAM-KUEN, J.P. SECRETARY FOR THE TREASURY MR JOHN TELFORD, J.P. SECRETARY FOR TRANSPORT MR KENNETH JOSEPH WOODHOUSE, J.P. SECRETARY FOR SECURITY THE CLERK TO THE LEGISLATIVE COUNCIL MR CLETUS LAU KWOK-HONG THE DEPUTY CLERK TO THE LEGISLATIVE COUNCIL MR PATRICK CHAN NIM-TAK HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 3681 Papers The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Ozone Layer Protection (Controlled Refrigerants) Regulation ...................................................................................... 158/93 Ozone Layer Protection (Products Containing Scheduled Substances) (Import Banning) Regulation ...................................................................................... 159/93 Designation of Libraries (Urban Council Area) Order 1993................................................................................................ 160/93 Public Health and Municipal Services (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 3) Order 1993 ........................................................ 161/93 Revised Edition of the Laws (Correction of Errors) (No. 2) Order 1993 ......................................................................... 162/93 Road Traffic (Examination of Private Cars and Light Goods Vehicles) Order 1993........................................................... 163/93 Urban Council Financial (Amendment) Bylaw 1993 ................................. 164/93 Employees Retraining Ordinance (Amendment of Schedule 2) (No. 3) Notice 1993 .................................................... 165/93 Shipping and Port Control Ordinance (Exemption) Notice 1993 .................................................................................... 166/93 Statutes of the Chinese University of Hong Kong (Amendment) Statutes 1993 ........................................................... 167/93 Sessional Papers 1992-93 No. 80 — Regional Council Revised Estimates of Expenditure 1992-93 No. 81 — Report of the Police Complaints Committee 1992 3682 HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 Address Report of the Police Complaints Committee 1992 MRS PEGGY LAM (in Cantonese): Mr President, on behalf of the Police Complaints Committee, may I present the Committee's Annual Report for 1992. The Committee is an independent body, appointed by the Governor, to monitor and review the investigation of complaints made by the public against the police. Investigations are carried out by the Complaints Against Police Office (CAPO) of the Royal Hong Kong Police Force. CAPO's reports, together with the relevant files, are examined by the Committee, which is assisted by an independent secretariat. A case is finalized only after the investigation result has been endorsed by the Committee. I shall now highlight some of the contents in the Committee's Report. Compared to previous annual reports, the contents of the report 1992 have been substantially enlarged. Chapters 2 to 6 describe, in more elaborating terms, the receipt, classification and examination of investigation reports on police complaints by the Police Complaints Committee. Where applicable these are illustrated by actual cases. Two new chapters have been introduced. Chapter 7 reports on the review of the existing system. This review stemmed from my attendance at the conference organized by the International Association of Civilian Oversight of Law Enforcement in San Diego in September 1992. I had the opportunity to exchange information with sister organizations and to compare the police complaints systems in other overseas jurisdictions. Following my report on the conference, the majority of Police Complaints Committee members agreed to a number of recommendations to strengthen the existing system. These were put to the Administration in December 1992 for its consideration. I am delighted that the Administration has recently accepted most of the recommendations. The Police Complaints Committee will be actively pursuing their implementation in co-operation with the Administration. During the year under report, the Committee has reviewed and endorsed a total of 3 250 complaint cases, embracing 4 146 allegations. With the support of an independent secretariat, the Committee has been able to vet in details each and every complaint case. Arising from these complaints, various forms of legal, disciplinary and internal actions have been taken against, and advice given to, 161 police officers. In addition, the Committee has proposed a number of reviews of, and changes to, police practices, procedures and instructions. It is hoped that the Commissioner of Police finds the Committee's proposals helpful in identifying and rectifying areas which lead, or might lead, to complaints. The 3 250 complaints received in 1992 should be viewed in the context of at least 3.13 million potential police-public confrontation situations in the year. These included 1.14 million persons stopped and checked through the Enhanced Police Operational Nominal Index Computer System (EPONICS), and 1.99 HONG KONG LEGISLATIVE COUNCIL — 26 May 1993 3683 million traffic summonses and tickets issued by the police. The difficult nature of the front- line duties of police work to protect the community should also be borne in mind. Of particular concern to the Committee was that the increase in the percentage of allegations of police assault continued in 1992. During the year, a total of 1 659 reports were made, representing 51% of all complaints received in 1992. In represents 44.1% of all allegations received in 1992 compared with 43.5% in 1991 and 38% in 1990. It is, however, worth noting that a significant number of allegations of assault were later withdrawn or not pursued by the complainants. In 1992, 88.2% of these allegations were classified as withdrawn or not pursuable and endorsed as such by the Committee. The Committee however considers that this aspect needs to be looked at and has set up a Survey Subcommittee to probe into the causes for withdrawn/not pursuable cases. For the first time, the Report in its Chapter 8 provides 25 case summaries of interest. For the community to have confidence in the complaints system, a prerequisite is knowledge of how it works. The earlier chapters, Chapter 2, 3 and 4 in particular, have described in some detail the framework, the procedures and some of the factors affecting the Committee's deliberation. Such information, whilst useful, is probably not as telling as accounts of actual cases. Chapter 8 hopefully will give the readers a glimpse of the efforts made by the investigating officers, the contributions made by the Committee and the various factors taken into account in classifying a complaint. Some of these cases may promote a better understanding of police procedures and policies. I reported last year that the Informal Resolution Scheme would be implemented at full scale with effect from 1 January 1992.