Beaten civilian reports to police, replies “Walk, motherfucker!”; alleged suspect walks free

Netizens called for a protest march, titled “Reclaim Tuen Mun Park”, concerning the serious volume and sexual disturbance in the park. As the citizens arrived, they were searched on the spot by large troops of PTU officers. During the commotion, a middle-aged woman reported to the police that she had been severely beaten by an elderly man. The police, instead of arresting the suspect, escorted him to safety, which caused great discontent among the crowd. The woman (i.e. the short-haired woman wearing a sunhat) and her friend attempted to pursue the PTU officers and the suspect, and as seen in the video, was instantly knocked onto the ground with the officer’s riot shield and pepper-sprayed on. A certain officer even cursed the woman, saying “Walk, motherfucker!” The suspect was eventually escorted by the PTU officers, who both had a great laugh over the incident.

 

The Court of Final Appeal established five major conditions of misconduct in public office in the case “Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192”. 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.

Cap. 212 Offences against the Person Ordinance No.40
Common assault
Any person who is convicted of a common assault shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 1 year.

Cap. 212 Offences against the Person Ordinance No.40
Assault occasioning actual bodily harm
Any person who is convicted of an assault occasioning actual bodily harm shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for 3 years.

Cap. 232A Police (Discipline) Regulations Part 1 No.3
(2)The offences against discipline are—
(c)conduct to the prejudice of good order and discipline;

Related Incident: 23/2 Reclaim Tuen Mun Park

 

The Editorial Board, HKUST Students’ Union

Editorial Board, CityU SU

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