Break in to a industrial building unit without search warrant, conspicuous arrest slinetly release
On 1st August 2019, police investigated an industrial building in Fo Tan. Arrested total of 8 people, in suspicion of possession of offensive weapons and other. One of the arrestee is the convener of Hong Kong National Party (banned), Andy Chan Ho-tin. He was kept in custody for about 43 hours before the police allows him to bail with $1000. He is to report back in September 2019, charges were not made. He also claimed to learned that the police have changed his suspected crime to “Possession of Instruments Fit for Unlawful Purpose” later when he was escorted to his dwelling by the police for further inspection.
Police had twice admitted that they did not possess a search warrant from the court during the house inspection. They claimed the operation as an emergency, in which the officer(s) believed the neighbouring units contain evidence in support of this case. Therefore, uses the key obtained from one of the arrestee to search the unit above. He then point out in the Police Force Ordinance, officers were given the right to conduct unit search. Legal related person expressed, permission from the arrestee are required before officers conduct any searches in the unit. There are also barrister questioned the police’s attempt on quoting different clauses twice to “build justification after action”.
There were also video taped of police suspected in returning bags of supplies to the unit, instead of bringing them to the station as evidence. This action has raised suspicions on framing the arrestees.