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Stella Lee

The monitoring of police accountability was given a double boost yesterday with two moves to improve the investigation of complaints against officers.

 As a police watchdog announced a deal with force chiefs to make substantiation of some complaints easier, legislators unveiled plans to give the body more power.

 Independent Police Complaints Council chairman, Denis Chang Khen-lee QC, said the force had agreed to accept 'balance of probability' as the standard of proof needed to substantiate less serious cases.

 The police had previously adopted 'proof beyond all reasonable doubt' as the standard of proof. Mr Chang said the change would see many more complaints substantiated.

 He said the changes should be fairer in situations in which there was no third party to witness the alleged misconduct.

 However, for more serious allegations, a higher degree of proof would still be needed.

 Mr Chang's comments came as legislator James To Kun-sun said the Democratic Party would seek to amend the Independent Police Complaints Council Bill by empowering the body to set up teams to probe cases it did not believe the police had handled satisfactorily.

 The original bill, which officials hope to enact before the handover, will make the council into a statutory body.

 In its annual report released yesterday, the council said it endorsed 5,052 allegations of misconduct received from the Complaints Against Police Office last year, a nine per cent increase on 1995.

 The biggest rise was in claims of evidence fabrication, of which there were 363 cases last year, 33.5 per cent up.

 There were 854 cases of officers neglecting their duties, a 22.7 per cent rise from the 696 in 1995.

 There was a 23 per cent rise in allegations of officers being impolite, up from 1,189 in 1995 to 1,460 cases.

 But assault allegations, which had been the largest category of complaints in previous years, dropped 10 per cent from 1,780 to 1,600.

 While Mr Chang said the increase in evidence fabrication claims was of concern, only two cases had been substantiated.

 They were among 113 allegations proved, said Mr Chang, a substantiation rate of 13 per cent since only 1,165 allegations were investigated. The rest were either withdrawn or not pursuable.

 Both Mr To and the director of Hong Kong Human Rights Monitor, Law Yuk-kai, welcomed the changes.

 Mr Law said it was vital more was done to boost public confidence in the complaints system.

 'The existing system in which officers investigating their colleagues is meant to be a protection for the officers themselves,' he said.

 'Even if it was totally fair, the public would not have confidence in it. There must be an independent body for these investigations.'  The council said it would continue to press for a civilian to be part of the Complaints Against Police Office.

 Mr Chang said a special working group was set up last month to supervise closely on serious complaints cases and report to the Governor if necessary.

 The group had already referred a few cases to the Attorney-General for advice to see if legal action should be taken against officers.



Twin moves set to make police more accountable