Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/25

INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE :(a) the facts of any disagreement between the Council and the Commissioner on the findings or classification of a reportable complaint; or
 * (b) its opinion on the action taken or to be taken in respect of a member of the police force by the Commissioner in connection with a reportable complaint.

(4) Subject to subsection (5), subsection (2)(a) does not authorize the disclosure of the identity of—
 * (a) any complainant;
 * (b) any member of the police force whose conduct is the subject of a complaint; or
 * (c) any person who assists or has assisted the Commissioner in the handling or investigation of a complaint.

(5) A disclosure of any identity referred to in subsection (4)(a), (b) or (c) may be made pursuant to subsection (2)(a) if the disclosure is made to—
 * (a) a specified person as defined in section 39 (other than paragraph (f) of that definition);
 * (b) the complainant;
 * (c) a person who has written authorization from the complainant—
 * (i) to make a complaint or request for review on behalf of the complainant (as provided in section 15); or
 * (ii) to handle in the complainant’s stead the complaint or request for review made by the complainant;
 * (d) the Commissioner;
 * (e) a person who assists or has assisted the Commissioner in the handling or investigation of a complaint;
 * (f) a person whom the Council invites to an interview pursuant to section 20 or any person who is present at an interview in accordance with that section; or
 * (g) the Chief Executive.

41. Protection of Council and its members, etc.

(1) Any act done, or omitted to be done, by a specified person in good faith in the performance or purported performance of a function under this Ordinance will not render the specified person liable to any civil proceedings.

(2) For the purposes of the law of defamation, if a specified person makes any comment or publishes any matter in relation to a complaint—
 * (a) in any communication, report or statement, in writing or otherwise; and
 * (b) for the performance of his functions under this Ordinance,

that comment or publication is absolutely privileged.