District Councillor Jannelle Leung ordered by police not to make safety-related enquiry despite being informed of knife-wielding men breaking into shop and chased civilians

In a Facebook post, Kwun Tong DC member Jannelle R. Leung Hoi-ching said she had received a notification that two men armed with beef knives suddenly broke into the second floor of a grocery store on Kwun Tong’s Yee On Street at around 9:45 p.m. on 11th January. The men lingered for a while and then fled in a private car. Leung complained that she was treated impolitely by police officers when she called the police station to report the incident. The police replied that each case was handled in a serious and professional manner.

Police said a 22-year-old female employee reported at about 9:50 p.m. 11th January that two men with knives chased a man into a shop at 10 Tung Ming Street in Kwun Tong, where the knife-wielding man later left. The man who was being chased said he was not injured and the police did not seize any weapons at the scene. The case was tentatively listed for police investigation and referred to the Sau Mau Ping District Criminal Investigation Team for follow-up.

Jannelle Leung said that she was notified by residents that at 9:45pm on 11th January, two knife-wielding men broke in suddenly, where their identity and motive were unknown. Leung quoted the shopkeeper as saying that the two men ran up to the second floor of the store without saying a word and left without damaging anything in the process, before boarding a private car and fleeing. The shopkeeper reported the incident to the police, who attended the scene to investigate and take a statement.

Leung Hoi-ching also said that he and Kwun Tong Councilor of the Hong Lok Disctrict Chan Ka-yin called the Sau Mau Ping Police Station the night before to report the case. It was not until half an hour later that someone answered the phone. It is believed that the police officer first answered the phone call from Chan Ka Yan, and then answered her phone call again, and at one point “badgered” her. After Leung identified herself as a district councillor, the other officer said, “Who are you?” and “Tell other people in Kwun Tong not to call here again”. Chan Ka-yin contacted the Sau Mau Ping Police Public Relations Branch afterwards. The police said the incident was an isolated incident, and Leung said he found the explanation absurd and totally unacceptable. In reply to an enquiry, the Police reiterated that each case was handled in a serious and professional manner, and appropriate follow-up actions will be taken.

Cap. 232A Police (Discipline) Regulations Part I
3.Disciplinary offences

(2) The offences against discipline are—
(c) conduct to the prejudice of good order and discipline;
(j) making a statement which is false in a material particular in the course of his duty or in connexion with the discharge by the police force of any of its duties or functions;

In Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192, the Court of Final Appeal re-formulated the test for the common law offence of misconduct in public office. 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.

Ming Pao (article)

LIHKG (thread)

Jannelle R. Leung’s Facebook