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Hong Kong protests
Hong KongLaw and Crime

Hong Kong protests: police watchdog can review force’s handling of unrest, court rules

  • The IPCC announced last July it would conduct a fact-finding study on police conduct
  • Mr Justice Keith Yeung rules against activist who sought a judicial review arguing that was beyond its statutory powers

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Citywide unrest was sparked in June by a piece of extradition legislation which the government has since withdrawn. Photo: Winson Wong
Jasmine Siu

Hong Kong’s police watchdog is empowered to review the force’s handling of anti-government protests, a court has ruled.

The High Court on Thursday dismissed a judicial review mounted by social worker and activist Hendrick Lui Chi-hang, who argued that the Independent Police Complaints Council (IPCC) had gone beyond its statutory powers by proactively conducting a study into the civil unrest triggered last summer by the now-withdrawn extradition bill.

Mr Justice Keith Yeung Kar-hung concluded that the IPCC’s fact-finding exercise was covered by Section 8 of the Independent Police Complaints Council Ordinance, which provides its function to “identify any fault or deficiency in any practice or procedure adopted by the police force” and “do all such things that are reasonably necessary for, or incidental or conducive to, the performance of its functions”.

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The judge also observed that the legislature had intended to confer upon the IPCC “wide general powers” in carrying out its statutory functions and sided with the watchdog in finding there was no basis to confine its role to a narrow and passive one.

A spokesman for the IPCC welcomed the judgment and said the body would soon convene a meeting to decide on the publication arrangement of its first interim report.

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Outside court, Lui said he “really hoped” to appeal against Yeung’s judgment, but would have to consult his lawyers on Friday before reaching a decision.

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