1007 Tuen Mun arrestee assaulted by masked police officer who spoke Mandarin, not allowed treatment in hospital

The Prohibition on Face Covering Regulation came into force on October 5, 2019, but it did not deter people from taking to the streets to resist the tyranny. Five men and women were involved in blocking Tuen Mun Heung Sze Wui Road with bamboo sticks and wooden ladders on the night of the third day after the regulation came into force, and were suspected of carrying balloons containing black liquid with the intention of damaging the property of others. Nearly half a year later, they were charged with causing obstruction in a public place and the case was arraigned at Sha Tin Magistrates Court today. The defendant complained that after his arrest, he was attacked by a masked police officer who spoke Mandarin, and that another officer struck his injured mouth with his elbow, and that he was not taken to hospital while in custody. The case would be heard again on May 25 and all defendants were granted bail pending trial.

It is alleged that at around 10pm that night, a number of black-clad citizens were blocking the road at the intersection of Castle Peak Road San Hui Section and Heung Sze Wui Road in Tuen Mun. The police arrived to disperse and arrest the defendants. The second defendant’s representative barrister complained that the defendant was assaulted by a masked police officer who spoke Mandarin after his arrest and when he returned to the police station, another police officer attacked his injured mouth with an elbow. No hospital treatment was arranged for the defendant within 48 hours of his detention.

Police General Orders, Chapter 29, Section 29-01:
7. In order to substantiate the findings, investigators must always bear in mind the following points:
(a) An officer shall not resort to the use of force unless such action is strictly necessary and he is otherwise unable to effect his lawful purpose. Only the minimum force necessary to achieve the purpose may be used and once that purpose has been achieved, the use of force shall cease; and
(b) The force used must be reasonable in the circumstance.

Police General Orders, Chapter 27, Section 27-02:
2. A police officer shall not delay the administering of medical aid or the conveyance of a victim by ambulance to a hospital or clinic.
4. An ambulance crew shall not be told by Police to wait at the scene, e.g. to await the arrival of a Forensic Pathologist.

Laws of Hong Kong Cap. 427 Crimes (Torture) Ordinance Section 3 Torture:
(1) A public official or person acting in an official capacity, whatever the official’s or the person’s nationality or citizenship, commits the offence of torture if in Hong Kong or elsewhere the official or the person intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.

Related events: 1007 Anti-Masking Law takes effect with consecutive protests in various districts

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