20200321 The 8th month of 721 Yuen Long Terrorist Attack; Riot Police (PTU) protects Lennon Wall built by blue ribbon fanatics; civilians who cleared the posters were dispersed
Today was the 8th month of 721 Yuen Long Terrorist Attack. Some online posts called the public to ‘clear yellow ribbon cockroaches’ and ‘bring your own rattan’ tonight. MTR (Mass Transit Railway) closed parts of the exits of Yuen Long Station since 16:00. There were police officers on alert and some civilians were stopped and searched.
On the Lennon Wall outside Yuen Long Station, there were many posters criticising protesters and Democratic Party Legislative Councillor Lam Cheuk-Ting, including ‘No Lam Cheuk-Ting, No 721’, ‘Rioters destroy Hong Kong’s peace and prosperity’, etc. There were also posters demanding that the government enact Article 23 of the Basic Law as soon as possible.
Since late evening, some civilians spontaneously cleared the posters on the Lennon Wall and some distributed leaflets of ‘May the Chinese Communist Party fall’ to the passers-by. Around 15 minutes later, Police Tactical Unit dispersed civilians near Lennon Wall and demanded them and journalists to leave the scene. No one was arrested so far.
Misconduct in Public Office (Common Law offence)
In the case of Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192, the Court of Final Appeal confirmed the five requirements for Misconduct in Public Office. The offence is committed where:
(1) A public official;
(2) In the course of or in relation to his public office;
(3) Willfully misconducts himself by act or omission; for example, by willfully neglecting or failing to perform his duty;
(4) Without reasonable excuse or justification; and
(5) Where such misconduct is serious, not trivial, having regard to the responsibilities of the office and the office-holder, the importance of the public objects which they serve and the nature and extent of the departure from those responsibilities.
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