HK protests: ‘unfair’ to burden Independent Police Complaints Council with unrest probe without powers, its former chief says

23-Jan-2020 Intellasia | South China Morning Post | 6:02 AM Print This Post

The former chair of Hong Kong’s police watchdog has said it was unfair to burden it with investigating the city’s anti-government protests when it was not designed for the job.

Senior counsel Jat Sew-tong, who led the Independent Police Complaints Council (IPCC) from 2008 to 2014, said the outcome of the probe would fail to satisfy both the public and the government, as he publicly backed a judge-led inquiry for the first time.

The veteran lawyer broke his silence on Tuesday night to comment on the watchdog’s ongoing review into police’s handling of the protests since June last year when a now-withdrawn extradition bill sparked months of ongoing unrest and its role looking into complaints received by the force.

“Trying to transpose [the IPCC's role] to an investigatory one, or something of that nature, it’s really putting a square peg in a round hole, in my view,” Jat said at a forum held at the University of Hong Kong.

The first interim report from the IPCC was originally due to be published in February, but was delayed due to a legal challenge for which no date has been fixed.

But critics argue the watchdog has stalled over its release, while the body was berated for its lack of investigatory powers and the impact that could have on holding the force accountable.

Jat said the IPCC was unjustly criticised because the review landed the body in a “no-win position”, exposing it to attacks over its credibility.

“If I were the chair, the first question I would ask is: ‘Why am I, the IPCC, being asked to undertake this job… when my secretariat, my resources, are not set up for that purpose? How am I going to discharge those duties to the satisfaction of the public?’” Jat said.

“A lot of my former IPCC members have this sense that the IPCC has been used in this way, unfairly… Whatever the IPCC does will not satisfy the public or the government. It is a sad episode as an IPCC ex-chair. The only good thing I can say is that I’m not in the chair.”

When Jat stepped down in 2014, he said the IPCC should be given more investigatory powers to probe serious cases, and urged his successor to start negotiating with the government.

The IPCC is an independent body established in 2009 under legislation to “observe, monitor and review” complaints against police.

In December, an international expert panel advising the IPCC over the ongoing review into police’s handling of the protests said investigatory powers were required, before its members decided to “stand aside”. Such powers would include the authority to subpoena documents and summon witnesses.

Jat told the Post on Tuesday night he shared the same views back in 2014, saying the IPCC should be able to probe serious cases or those of great public concern.

“At least you should have somebody to oversee some of the issues. That sort of power is beneficial to society, particularly given the conflict,” he said.

He also made clear on Tuesday for the first time his support for a commission of inquiry, which would be presided over by a judge, into the unrest.

“The government has missed many, many opportunities, to be absolutely honest. This is not just my view, I think a lot of people share it,” he told the HKU forum.

“Objectively that’s a bit too late, but something has to be done, whatever it is.”

Jat expressed his disappointment at the government’s failure to take the lead and bring about meaningful dialogue.

“It has the obligation to proactively seek a solution for all, that’s what the government should do,” he said.

Stressing he was referring to all sides involved in the unrest, he said: “All acts of violence must stop and we must go back to normality in terms of peace, to enable rational dialogue to resolve the current crisis.”


Category: Hong Kong

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