“Arrestees Near LRT Station On 1st Of October” Raise Complaints In The Court That Police Use Methods Include Violence, Intimidation And Persuasion, Forcing Them To Confess The Crime of Loitering Which They Have Not Participated In
At 1st October 2019, HK citizens’ protest spread all over Hong Kong and many were arrested. The following dawn, a Mass Transit Railway (MTR) staff reported that two teenagers act suspiciously around Tin Yat Light Rail Stop in Tin Shui Wai and arrest has been done by the police. After half a year, two teenagers have been charged for loitering with intent. Therefore, being arraigned in Tuen Mun Magistrates Court today. The defendant raises complaints to the court. Since both defendants have confessed their crime under the use of violence, intimidation and Persuasion by HK police, the voluntariness of their confession is going to be arguable. The Magistrates suspended the case to 29th May 2020, as the defending barrister are still gathering related files and information from the prosecuting barrister. Two teenagers are allowed to release on bail until the next court.
The defendants are Mr. Law, an 18 years-old cook and Mr. Lo, an 18 years-old waiter. Meanwhile, Mr. Law has Thailand Nationality and possess of Hong Kong ID card. The charge accuses them of loitering at the mentioned public area on 2nd October 2019, intended to commit crimes which could be arrested.
According to the source, the case is related to the concurrent social movement. At that moment, the MTR staff considered them as suspicious, so he called the police. The charge sheet shows that both of them were arrested at 0400 a.m that day.
Defendants are not required to testify for now. The defending barristers stated that the charge of this case is not severe, no actual damage has been done, the prosecution mainly relies on the defendant’s confession. However, the voluntariness of the confession is disputable. The defendant complaints that police beat Mr Law in front of Mr Lo, and taking misbehaviour actions through body language toward Mr Law.
Law of Hong Kong Cap. 427 Crime (Torture) Ordinance Part I:
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.
Rules And Direction For The Questioning Of Suspects And The Taking Of Statements:
Related: Five District Blossoming On 1st October 2019