Ever since the 1970s, the Police Force has undergone many changes in a rapidly changing society; so has the Police complaints system. Director of Management Services Tang How-kong and IPCC Member, Mr Eric Cheung, are no strangers to the evolution of the Police complaints system and they are going to share with readers their experiences and aspirations.
IPCC Member Eric Cheung
Value • Spirit
The rule of law is one of Hong Kong's core values. However, it is not uncommon for Police officers to encounter challenges and difficulties during law enforcement actions.
Mr Eric Cheung, Member of the Independent Police Complaints Council (IPCC), is also an Assistant Professor of the Faculty of Law at the University of Hong Kong. He said one of the core values of the rule of law is that the power of public authority should not be abused so that the freedom of the general public would be protected.
Although Police have the authority to make an arrest as long as there is reasonable suspicion of an offence being committed, Mr Cheung reckoned that there were cases in which discretion could have been exercised. It is unacceptable to Mr Cheung that a Police Officer makes an arrest because of his or her concern about being complained for negligence by the informant, as the arrest would make the arrested person live in fear.
Throughout the past few years, Police have been accused of being used politically for suppressing social movements. Mr Cheung said the movements are impromptu actions by individuals, which can hardly be predicted. For addressing this issue, merely communicating with the organisers of social movement is not enough. Police should look at the issue from the perspective of the general public. "Most people are only spectators. If the Police continually announce that people will be removed but no actual action is taken, the general public would think that staying put is implicitly permitted. To avoid 'cry wolf' effect, Police must give clear warnings, so that the general public can determine whether they should leave or take the risk of being arrested."
Regarding the recent discussion of the "Occupy Central" operation, Mr Cheung reckoned that protesters and police had different understanding of the rule of law. The general public are concerned whether Police would stand against the protesters who opt for a general election. He believed police would be able to protect the constitutional rights of freedom of assembly. At the same time, enforcement action will be resolutely taken against violence.
Independence • Fairness
Being an IPCC member for more than four years, Mr Cheung said the police had improved in the understanding of the rule of law. The more cautious steps taken before conducting a full search on a suspected person had reflected this. Also, there are hardly any complaints of real "Fabrication of Evidence".
Mr Cheung pointed out that IPCC was able to ensure CAPO's investigations of the majority of complaints were fair and impartial. It had proven the effectiveness of the complaint mechanism. There were times when Mr Cheung suggested compliments to be given to CAPO officers who dealt with malicious complainants. "My principle is that both complainant and police officer should be treated fairly and reasonably!"
Mr Cheung went on to say that there was a cost for upholding his principle. It took him at least one full day to read the case files from CAPO, not including the time he spent in meetings.
Besides providing strict supervision of police's action and conduct, Mr Cheung admires the performance of the Force. Comparing with other countries, Hong Kong Police Force operates in unity. "When I participate in a procession, I can witness the performance of frontline police officers. Most of them carry out their duties diligently and professionally." Mr Cheung understands the pressure faced by frontline police officers. Public grievances and reporting of the mistake of an individual officer affect the morale of the Force.
Mr Cheung hopes police officers would gradually learn to respond to false accusations with a mutual stance. This helps not only easing their emotions, but also protecting the image of the Police Force.
After four years of hard work, this "iron man" considers stepping down. Mr Cheung said that after completing the remaining two-year term, he would focus on the volunteer programme of the School of Law and lead students to help people in need of free legal advice.
DMS Tang How-kong
Evaluation • Excellence
Monitoring policing is not only done within the Force, but also by the general public and the media who are practically everywhere. Mr Tang reckoned that it actually helped make his job easier. "In Hong Kong, monitoring policing has been made transparent. Besides the internal monitoring by the Complaints and Internal Investigations Branch (C&IIB), there are outside parties such as ICAC, IPCC and the media. With advanced technology, everything is clearly laid in front of the general public. With everyone looking at you discerningly, you do not stand a chance in avoiding being monitored. At work, I receive lots of assistance from different parties. With the strict monitoring by these parties, I am glad that the Force has been constantly improving."
Mr Tang pointed out that the current mechanism of monitoring policing in Hong Kong is better than those of other countries. He said: "In terms of efficiency, over 90 per cent of complaint investigations were completed within four months, and more than 94 per cent of the complainants accepted the findings of the complaint investigations.
"I think the Hong Kong Police Force has a better reputation outside Hong Kong. When you compare Hong Kong with other places, you will find that the Hong Kong Police are doing a much better job. This can be reflected by Hong Kong's low crime rates, and the good evaluations of the Hong Kong Police Force by surveys conducted by scholars and the United Nations."
"An overseas friend once told me that Hong Kong is a very safe place, with quality people who respect the law. Maybe the general public respect and understand the law, and know how to evaluate the authority and services of the Police Force.
"The general public expect a perfect Police Force and I also make that a goal for the Force. Although perfection might sound impossible, the Force should always strive for excellence. The definition of 'perfection' has changed in line with the rapid changes in society. If none out of the seven million people criticises the Police Force, what kind of society is it? I would be very shocked and uncomfortable," said Mr Tang.
Review • Advice
After serving the Hong Kong Police Force for 30 years, how does Mr Tang feel about his upcoming retirement?
"No matter it is 30 years ago or today, I reckon that the Force and the general public are not antagonistic. The difference is that 30 years ago, people would think police have the authority and there is a distance in between; today the Force and the general public have a closer relationship. Before, the relationship was like an inverted triangle. Now, the relationship is stable, like a regular triangle.
"I have been a police officer for more than 30 years. In only a few weeks, I will return my uniform, my warrant card and become a civilian. I hope the Police Force would continue to improve. I have nothing to worry about before my retirement."
CAPO Connected
The fact that we pursue fairness through the complaints system and our investigation work is well recognised by the Independent Police Complaints Council (IPCC) and members of the public. In 2012, we received 2,379 complaints against police. Each complaint file contains the connection and encounter between police and citizens.
To engage the community in policing and enable members of the public and colleagues to understand our work from a different perspective, we invited three students from the School of Journalism and Communication in the Chinese University of Hong Kong to conduct a series of interviews and write some humane stories about the people connected with us through complaints.
