Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/23

INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE (3) If an observer has an interest (whether directly or indirectly) in a reportable complaint in respect of which an interview or collection of evidence is conducted by the Commissioner, the observer must not attend the interview or observe the collection of evidence.

(4) If, during the interview or collection of evidence, it comes to the knowledge of the observer that he has an interest (whether directly or indirectly) in the reportable complaint, he must—
 * (a) in the case of an interview, disclose the nature of his interest to—
 * (i) the police officer who is designated by the Commissioner to conduct the interview; and
 * (ii) the person who is being interviewed;
 * (b) in the case of collection of evidence, disclose the nature of his interest to—
 * (i) the police officer who is designated by the Commissioner to conduct the collection of evidence; and
 * (ii) (if applicable) the person from whom evidence is being collected;
 * (c) withdraw from the interview or observation of the collection of evidence (as the case may be); and
 * (d) report the nature of his interest to the Council.

38. Council may determine procedures, duty roster, etc. relating to observers

(1) The Council may determine—
 * (a) the procedure that applies in relation to an observer’s attendance at an interview conducted by the Commissioner in respect of a reportable complaint;
 * (b) the procedure that applies in relation to an observer’s observation of the collection of evidence by the Commissioner in the investigation of a reportable complaint;
 * (c) the drawing up of a duty roster of the observers; and
 * (d) any operational matter or arrangement that relates to the performance of the functions of observers under the provisions of this Part.

(2) For the avoidance of doubt, a duty roster under subsection (1)(c) does not affect an observer’s right under section 37(1) to attend an interview or observe the collection of evidence at any time.