Blue Ribbon Fanatic broke into eatery and beat up staff, police let go

At 5pm on 17th January, a middle-aged man on Tai Ho Road, Tsuen Wan, went to a Taiwanese beverage shop, “Chashou”, to cause trouble. A passerby called the police when he saw the cash registers being thrown to the floor by the man. The man was subdued by staff at the beverage shop and a nearby newspaper stall, after which officers arrived to investigate the incident, no arrests were made and no one was injured in the incident.

Ah Fai, the store’s manager, said the man approached the store and mumbled something to attract attention, after which he suddenly pushed down the cash register and was overpowered by the store’s staff and newspaper stall staff nearby. It is believed that some passers-by reported the incident to the police, but the police did not make any arrest afterwards. He said the staff of the shop was not injured, and admitted that “he expected the store will attract unnecessary attention being a “yellow shop (a business owned by yellow ribbon fanatics)”, but it’s the first time”. He said he had told the staff not to confront each other if they encountered similar problems, and that “the property damage is the least to worry”.

Tsuen Wan District Council member Lester Shum said on a social networking site that a dissident man went to the shop and attempted to assault the shopkeeper, during which someone called the police. When the police arrived at the scene, they let the man go and refused to explain the incident and the reasons to the DC members on the grounds of privacy. The shopkeeper was only frightened, and did not cause much harm.

Cap. 200 Crimes Ordinance ─ Section 60 Destroying or damaging property

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—
intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,
shall be guilty of an offence.

In the case Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192, The Court of Final Appeal laid down five ingredients to the offence of misconduct in public office. It 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
  5. where such misconduct was 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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