The Court of First Instance found that police not prominently showing their ID numbers during parts of the anti-extradition unrest in 2019, breached the Hong Kong Bill of Rights (BORO).
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(Aired on ViuTVSix on 19 November 2020)
Full Script:
Not wearing an ID number on their vests, turning it back-to-front inside its plastic sleeve, or covering it up with something else.
This behaviour from officers during the months-long unrest, sparked by the now-withdrawn extradition bill, was the focus of five judicial reviews from activists, regular citizens and the Hong Kong Journalists’ Association.
Some of them, in their applications, alleged police mistreatment, but were unable to identify which officers were involved.
In handling them together, Court of First Instance Judge Anderson Chow said, police not prominently showing their ID numbers breached peoples’ rights to be free from torture, or cruel or degrading treatment.
Chow said, people who’ve been mistreated by police should be entitled to “reasonable identification” of officers, so they may take civil action or private lawsuits.
In the decision, Chow also said the government is duty-bound by the Bill of Rights, to establish and maintain an independent mechanism to investigate complaints of police ill-treatment.
He added, the current two-tier mechanism in place doesn’t meet its requirements for “independence.”
And the IPCC, which is institutionally separate from the force, “lacks investigative powers” and can’t overturn decisions by the CAPO, which sits within the force.
Chow said courts are aware of officers’ concerns of being doxxed.
But he said that can’t override the “duty to investigate suspected breaches of the Bill of Rights.”
IPCC Chairman Anthony Neoh, said today’s ruling doesn’t impact the watchdog’s work.
The Hong Kong Journalists Association, which, in its application, said claims of police force used against media workers “have been ignored or baldly denied by the Commissioner,” hopes things change after the ruling.
(Soundbite, CHRIS YEUNG, Chairman, the Hong Kong Journalists Association)
“No matter if it’s the police, or the Department of Justice, I hope they don’t choose to appeal. And that they immediately start making improvements in response to the court’s decision.”
Replying to media questions, the force says it’s studying the ruling with the Department of Justice.
They said they’ll review the situation and respond suitably.”
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