Police Complaint Letter (Hong Kong)

A Police Complaint Letter in Hong Kong is a formal written complaint submitted to the Complaints Against Police Office (CAPO) — the dedicated internal investigation unit of the Hong Kong Police Force — or to the Independent Police Complaints Council (IPCC), a statutory civilian oversight body established under the Independent Police Complaints Council Ordinance (Cap. 604), reporting alleged misconduct by a serving member of the Hong Kong Police Force and requesting official investigation and appropriate disciplinary or corrective action.

CAP O is the primary investigative body for police complaints in Hong Kong. CAPO is staffed by senior police officers of inspector rank and above who are deliberately separated from the frontline units complained about, and who investigate complaints according to internal guidelines, Force Procedures, and the procedural framework established by Cap. 604. CAPO is based at Arsenal Street Police Headquarters, Wan Chai, and processes both reportable and non-reportable complaints from members of the public, complainants referred from the IPCC, and cases initiated by senior police officers. CAPO aims to complete reportable complaint investigations within 90 days.

The Independent Police Complaints Council Ordinance (Cap. 604) establishes the legal framework for police complaint handling in Hong Kong. Cap. 604 defines ‘reportable complaints’ — those that must be formally investigated by CAPO and independently reviewed by the IPCC — and ‘non-reportable complaints’, which are handled through an administrative process without IPCC review. Reportable complaints under Section 6 of Cap. 604 include allegations of assault, unlawful arrest, improper search of persons or premises, corruption (typically referred to the ICAC under the Prevention of Bribery Ordinance, Cap. 201), misconduct in public office, and other serious breaches of Police General Orders. Non-reportable complaints include minor incivility, delay, or administrative matters.

The IPCC provides independent civilian oversight of CAPO’s investigative work. IPCC members — lay persons appointed by the Chief Executive — may observe CAPO interviews with complainants, witnesses, and officers under investigation. The IPCC reviews completed investigation reports and can direct CAPO to re-investigate where the IPCC is not satisfied with the thoroughness or impartiality of the investigation. The IPCC publishes annual statistics and thematic reports on complaint trends.

The Hong Kong Police Force operates under the Police Force Ordinance (Cap. 232), which in Section 10 places responsibility for discipline and efficiency on the Commissioner of Police. The Police (Discipline) Regulations (Cap. 232A) govern disciplinary proceedings against officers. All on-duty officers must carry and produce their warrant card on request under Cap. 232, display their warrant card number, and conduct themselves in accordance with the Hong Kong Police Force Code of Ethics and the General Orders issued by the Commissioner. Violation of these requirements can itself be the subject of a CAPO complaint.

Forms-legal.com provides a Police Complaint Letter template for Hong Kong that helps complainants structure their account clearly, identify the officer complained against, and include all information required for CAPO’s initial processing and classification of the complaint under Cap. 604.

A Police Complaint Letter in Hong Kong is needed whenever a person has experienced or witnessed police conduct that they believe constitutes a breach of the Police Force Ordinance (Cap. 232), the Police General Orders, or the Hong Kong Bill of Rights under the Bill of Rights Ordinance (Cap. 383).

A written complaint is the most effective method of initiating the CAPO investigation process, as it creates a contemporaneous record of the complainant’s account and cannot be dismissed as an oral misunderstanding. Verbal complaints made at a police station may not trigger the full formal investigation process unless followed up in writing.

Complaints about excessive use of force during arrest — including allegations that an officer used disproportionate physical force, handcuffed a suspect unnecessarily, or used a baton, pepper spray, or firearm without lawful justification — are among the most serious categories handled by CAPO. These should be reported promptly with medical evidence obtained as soon as possible after the incident.

Complaints about unlawful arrest or detention are appropriate where an officer arrested a person without a warrant and without reasonable grounds under Section 50 of the Police Force Ordinance (Cap. 232), or detained a person beyond the lawful period without charge or court appearance. Hong Kong law requires a person arrested without warrant to be charged and brought before a magistrate within 48 hours under the Criminal Procedure Ordinance (Cap. 221).

Complaints about failure to act — where a person has reported a crime or emergency but police officers declined to take a report, failed to attend, or failed to conduct any investigation — are also appropriate for CAPO under the duty of care analysis applicable to Hong Kong public officers.

A written complaint is especially important where civil litigation against the Police Force is being considered, as the complaint letter and CAPO investigation file form part of the evidentiary record.

A Police Complaint Letter in Hong Kong submitted to the Complaints Against Police Office (CAPO) or the Independent Police Complaints Council (IPCC) under the Independent Police Complaints Council Ordinance (Cap. 604) should include the following key elements to enable CAPO to classify and investigate the complaint effectively.

Complainant’s identity: Full legal name, Hong Kong identity card number or passport number, current residential address, daytime and evening telephone numbers, and email address. CAPO requires a named complainant to formally investigate a reportable complaint under Cap. 604 — anonymous complaints cannot be classified as reportable and are given limited investigation weight. The complainant should also state whether they are the directly affected person or a witness to the incident.

Officer(s) complained against: The warrant card number displayed by the officer during the incident is the most reliable identifier. Under Section 10 of the Police Force Ordinance (Cap. 232), on-duty officers in uniform must display their warrant card number on their chest — failure to do so is itself a breach of Police General Orders and can be included in the complaint. The officer’s name (if stated or readable on a name badge), rank, division or police station, and physical description should all be included where the warrant card number was not obtained. Vehicle registration numbers of police vehicles present at the scene are also useful identifiers.

Date, time, and location of incident: The precise date, start time, and address of the incident — the specific street, intersection, building name and floor, or police station room or cell where the alleged misconduct occurred. As much precision as possible assists CAPO in identifying the officers on duty at that time through duty roster records.

Chronological factual account: A clear, date-and-time-sequenced, factual account of the entire incident — what the officer said and did, what the complainant or affected person said and did, and the sequence of events leading to the alleged misconduct. Factual descriptions of observable conduct are more persuasive than characterisations. Legal conclusions should be avoided — describe the facts and allow the investigation to apply the relevant standards under the Police (Discipline) Regulations (Cap. 232A) and the Police General Orders.

Classification of alleged misconduct: Identification of the type of misconduct alleged — for example: unlawful use of force or assault under Section 36 of the Offences Against the Person Ordinance (Cap. 212); unlawful arrest without reasonable grounds under Section 50 of Cap. 232; unlawful search of person or premises without warrant; failure to produce warrant card; use of offensive language; or neglect of duty in failing to investigate a reported crime. Classifying the type of misconduct assists CAPO in determining whether the complaint is reportable under Section 6 of Cap. 604.

Witness information: Full names, contact telephone numbers, and email addresses of independent witnesses to the incident, or a description of potential witnesses (other members of the public present, shop staff, passengers in a vehicle) who may be identified and contacted by CAPO.

Supporting evidence: Dated photographs of any injuries sustained; a medical report from a registered medical practitioner (obtainable at any Hospital Authority accident and emergency department or private clinic) prepared as soon as possible after the incident; screenshots or copies of any video footage captured by the complainant, bystanders, or closed-circuit television; copies of any written communications from the officer’s unit; and a record of any CAPO hotline calls made at the time (including any reference number given).

Remedy sought: Whether the complainant seeks a formal CAPO investigation and classification of the complaint as reportable under Cap. 604, disciplinary action against the officer under Cap. 232A, a written apology from the Commissioner of Police, or civil compensation through separate proceedings before the District Court or Court of First Instance under the Crown Proceedings Ordinance (Cap. 300).

Forms-legal.com provides the complete Police Complaint Letter template for Hong Kong CAPO and IPCC submissions under Cap. 604.

A Police Complaint Letter in Hong Kong is submitted to the Complaints Against Police Office (CAPO) under the Independent Police Complaints Council Ordinance (Cap. 604). Follow these steps to complete and file the complaint correctly.

1. Preserve evidence immediately. Before writing the complaint letter, secure all available evidence: photograph any injuries with timestamps, obtain a medical report from a registered doctor at a Hospital Authority accident and emergency department as soon as possible after the incident, note the warrant card number displayed on the officer's chest (required under the Police Force Ordinance, Cap. 232), and write a contemporaneous account of the incident before memory fades.

2. Record the officer's identifying details. Under Cap. 232, on-duty uniformed officers must display their warrant card number. Note the warrant card number, rank, division or police station, physical description, and any police vehicle registration numbers visible at the scene. If the officer failed to display their warrant card number, record that failure — it is itself a breach of Police General Orders and should be included in the complaint.

3. Complete your personal details. Enter your full legal name, Hong Kong identity card or passport number, current residential address, daytime telephone number, and email address. CAPO requires a named complainant to classify a complaint as reportable under Section 6 of Cap. 604 and to conduct a formal investigation. Anonymous complaints receive limited investigation weight.

4. State the date, time, and precise location. Give the exact date, start time, and address of the incident — the street, intersection, building name and floor, or police station room — with as much precision as possible. CAPO uses this to identify officers on duty through roster and occurrence book records.

5. Write a clear factual chronological account. Describe, in date-and-time order, what was said and done by each person involved. Avoid legal characterisations — describe observable facts and let CAPO apply the Police (Discipline) Regulations (Cap. 232A) and Police General Orders. Identify the type of misconduct alleged: for example, use of disproportionate force under the Offences Against the Person Ordinance (Cap. 212), unlawful arrest without reasonable grounds under Section 50 of Cap. 232, or failure to produce a warrant card.

6. Identify witnesses. Provide the full names, contact telephone numbers, and email addresses of any independent witnesses to the incident. Where witnesses are unknown, describe them and their location at the time so CAPO can attempt to identify them.

7. List supporting documents attached. Itemise all evidence attached: photographs with timestamps, medical report, any video footage, and records of any previous CAPO hotline calls made on the day with reference numbers.

8. State the remedy sought. Specify whether you seek a formal CAPO investigation and classification as a reportable complaint, disciplinary action under Cap. 232A, a written apology from the Commissioner of Police, or referral to civil proceedings.

9. File with CAPO. Submit the signed and dated complaint letter to CAPO at Arsenal Street Police Headquarters, Wan Chai, by post, in person, or by telephone on 2866 6557. There is no filing fee. CAPO aims to acknowledge receipt within 10 working days and complete reportable complaint investigations within 90 days.

10. Copy to the IPCC Secretariat if desired. Forward a copy to the Independent Police Complaints Council Secretariat, 30/F, Tower 1, Kowloon Commerce Centre, Kwai Chung, to flag the complaint for IPCC oversight from the outset.

11. Retain all records. Keep copies of the complaint letter, all attachments, and the CAPO acknowledgement for use in any subsequent IPCC review or civil proceedings.