IPCC probe into Hong Kong police’s handling of protests to come under legal scrutiny
- Court grants permission to application for judicial review that contends IPCC has gone beyond its statutory powers by proactively starting probe into civil unrest
- Justice Keith Yeung of High Court finds it reasonably arguable that IPCC had no authority to initiate such a study, given the absence of any express statutory investigative or fact-finding powers
An investigation by Hong Kong’s police watchdog into the force’s handling of anti-government protests will come under legal scrutiny as a court on Friday allowed a judicial challenge against it.
Mr Justice Keith Yeung Kar-hung of the High Court granted permission to an application for judicial review filed by social worker and activist Hendrick Lui Chi-hang, who contended the city’s Independent Police Complaints Council (IPCC) had gone beyond its statutory powers by proactively starting a probe into the civil unrest triggered by the now-withdrawn extradition bill.
The watchdog is investigating police’s conduct during some of the large-scale public order events since June 9, with a special focus on the violent clashes outside the legislature on June 9 and 12, and the storming of the Legislative Council on July 1, in a first-phase report to be compiled by January.
But the judge found it reasonably arguable that the IPCC had no authority to initiate such a study, given the absence of any express statutory investigative or fact-finding powers.
“The report is intended to be submitted to the Chief Executive. If it turns out that the IPCC in fact does not have those requisite powers, the contents of the report may be tainted by materials obtained through processes which are outwith its powers,” Yeung said.