Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/16

INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE (4) An interview under this section must be conducted in private.

(5) Subject to subsection (7), the Council may decide who may be present at an interview.

(6) A solicitor or counsel does not have a right of audience before the Council at an interview unless he is the person who is interviewed under this section.

(7) Where a person who is interviewed under this section (“that person”) is below the age of 16 years, or is known to the Council to be a mentally incapacitated person, that person must be interviewed in the presence of—
 * (a) his parent or guardian;
 * (b) an adult who has an interest in the welfare of that person and is, in the opinion of the Council, an appropriate person to be present at the interview; or
 * (c) such other person as the Council may decide in any particular case.

(8) Despite subsections (5) and (7)(c) but without prejudice to subsection (6), a person interviewed by the Council has the right to be accompanied by his solicitor or counsel at an interview under this section.

21. Record of interview

(1) The Council must make a record of every interview under section 20, and the record is to be kept for such period as may be necessary for the performance of its functions under this Ordinance.

(2) The record may be used in the circumstances provided for in section 40(2) but not otherwise. Division 3—Other Functions relating to Reportable Complaints etc. '''22. Council may require Commissioner to provide information etc. relating to reportable complaints'''

(1) The Council may require the Commissioner—
 * (a) to provide any information or material relating to a reportable complaint, including but not limited to—
 * (i) any written statement taken from a person interviewed by a member of the police force in respect of a reportable complaint; and
 * (ii) any video recording of the interview; and
 * (b) to clarify any fact, discrepancy or findings relating to a reportable complaint.