Cap 604 s 3 Interpretation (INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE)

Contents of Section

Chapter:	604	Title:	INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE	Gazette Number:	L.N. 36 of 2009
Section:	3	Heading:	Interpretation	Version Date:	01/06/2009

(1) In this Ordinance, unless the context otherwise requires—
“appointed member” (委任成員) means a member of the Council referred to in section 5(1)(c), and includes a person appointed under section 5 of Schedule 1 to act as an appointed member;
“categorization” (歸類) means the categorization by the Commissioner of a complaint as—

(a) a reportable complaint; or

(b) a notifiable complaint;

“Chairman” (主席) means the Chairman of the Council referred to in section 5(1)(a), and includes a person appointed under section 5 of Schedule 1 to act as the Chairman;
“classification” (分類) means the classification after investigation by the Commissioner of a reportable complaint as one that is—

(a) substantiated;

(b) substantiated other than reported;

(d) unsubstantiated;

(e) false;

(f) no fault;

(g) withdrawn;

(h) not pursuable;

(i) curtailed;

(j) informally resolved; or

(k) of such other description as agreed between the Council and the Commissioner;

“Commissioner” (處長) means the Commissioner of Police;
“committee” (委員會) includes any panel or sub-group established by the Council under section 17 of Schedule 1;
“complainant” (投訴人) means a person who makes a complaint or a request for review or, where the complaint or request for review is made on behalf of another person, the person on whose behalf the complaint or request for review is made;
“Council” (監警會) means the body corporate established by section 4;
“function” (職能) includes a power and a duty;
“Legal Adviser” (法律顧問) means the Legal Adviser to the Council appointed under section 6(1);
“material” (材料) includes any document or record in any form and any article or substance;
“member of the police force” (警隊成員) includes a public officer attached to the police force;
“mentally incapacitated person” (精神上無行為能力的人) means a person who is mentally disordered or mentally handicapped within the meaning of the Mental Health Ordinance (Cap 136);
“notifiable complaint” (須知會投訴) means a complaint categorized as a notifiable complaint in accordance with section 14;
“observer” (觀察員) means a person appointed to be an observer under section 33;
“police conduct” (警方行為) means the conduct, practice or procedure referred to in section 11(a);
“police force” (警隊) means the Hong Kong Police Force or the Hong Kong Auxiliary Police Force established under the Hong Kong Auxiliary Police Force Ordinance (Cap 233);
“reportable complaint” (須匯報投訴) means—

(a) a complaint categorized as a reportable complaint in accordance with section 11; or

(b) a request for review treated as a reportable complaint in accordance with section 13;

“request for review” (覆核要求) means a request for reviewing the classification of a reportable complaint referred to in section 13;
“Secretary-General” (秘書長) means the Secretary-General to the Council appointed under section 6(1);
“Vice-Chairman” (副主席) means a Vice-Chairman of the Council referred to in section 5(1)(b), and includes a person appointed under section 5 of Schedule 1 to act as a Vice-Chairman.
(2) In this Ordinance, a reference to the performance of a function includes the exercise of a power and the discharge of a duty.
(3) In sections 8(1)(b), 19(1)(d), 26 and 40(3)(b), a reference to any action taken or to be taken in respect of a member of the police force includes a decision that no action be taken against that member.