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Lessons can only be learned if inquiries are held into crisis

South China Morning Post

發布於 2019年11月14日16:11 • SCMP Editorial
  • Investigations will be needed not just into the police, but also the failures of the administration and wider issues fuelling the current city protests
Riot police and bystanders during a lunchtime protest in Central. Photo: Nora Tam
Riot police and bystanders during a lunchtime protest in Central. Photo: Nora Tam

The government has been resisting calls for a judicial inquiry into police conduct ever since the first clashes with protesters five months ago. Chief Executive Carrie Lam Cheng Yuet-ngor has consistently argued such matters are best dealt with by the Independent Police Complaints Council (IPCC), due to issue its preliminary report around the end of the year. As violent protests escalate, an inquiry into police conduct and also the broader issues arising could de-escalate tensions. The idea has received wide support from society.

Lam has not ruled out a judicial inquiry into police conduct. If the IPCC report fails to ease public concerns, the government will "think of another way", to quell doubts, she has said. But the ability of the council to effectively investigate police conduct has been questioned by a panel of international experts appointed to advise it.

They said the body lacked sufficient power and resources to do its job. It is difficult to see how the public can have confidence in the IPCC investigation if it does not even enjoy the confidence of its own advisers. The five-person panel, with experts from Britain, Australia, Canada and New Zealand, said the IPCC was hamstrung by its inability to subpoena documents and summon witnesses. This makes it difficult for the IPCC to establish key facts. It lacks the necessary powers of investigation. The views of the expert group should be taken seriously. Their participation is intended to strengthen the credibility and independence of the IPCC. They have called for the body to be given more substantial powers. That should be considered, but it will require changes to the law and take time.

Hong Kong police watchdog 'lacks power' to probe force conduct during protests

Police are operating in a challenging and, at times, dangerous environment. University students have armed themselves with bows and arrows and the use of firebombs against officers has dramatically increased. The number of people seriously injured as a result of the protests is growing. But there are questions to be asked about the actions of individual officers and the tactics employed by the force. There must be accountability and transparency if the police are to regain public trust and confidence. An impartial fact-finding inquiry is, in that sense, in the interests of the force.

If the IPCC cannot meet expectations, a judicial inquiry may be necessary. One of the international experts suggested the IPCC findings would make a good starting point for such an inquiry. But it is not only the police that need to be investigated. The force has been thrust into the front line because the government has failed to find a political solution. Investigations will be needed not only into the police but also the failures of the administration and wider issues fuelling the protests. It might require more than one inquiry and they may take different forms. But lessons need to be learned.

Copyright (c) 2019. South China Morning Post Publishers Ltd. All rights reserved.

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