Police assaulted teenage under ‘Stop and Search’

A teenage was injured during a ‘Stop and Search ‘ procedure in the morning at the intersection of Nathan Road and Soy Street, Mong Kok. Injury was caused to the arm as the teenage was pushed down onto the pavement. A citizens group Protecting our Youth (‘守護孩子成員’ ) provided treatment to the teenage’s injury after the incident. The reason for ‘Stop and Search’ that Hong Kong Police gave was because the teenage “turned around and run upon seeing police officers”. When the teenager was released from custody, the teenager told reporters that the Police Force have no respect to peers.

The actions taken by the Hong Kong Police are in violation of the following: –

Basic Law Section 28
“The freedom of the person of Hong Kong residents shall be inviolable.
No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited.”
Hong Kong Legislation CAP 232A Police (Discipline) Regulations Section 1(2)(k)
The offences against discipline are – unlawful or unnecessary exercise of authority resulting in loss or injury to any other person or to the Government;
Hong Kong Legislation CAP 232 Section 54(2)

(2)
If a police officer finds any person in any street or other public place, or on board any vessel, or in any conveyance, at any hour of the day or night, whom he reasonably suspects of having committed or of being about to commit or of intending to commit any offence, it shall be lawful for the police officer—
(a)
to stop the person for the purpose of demanding that he produce proof of his identity for inspection by the police officer;
(b)
to detain the person for a reasonable period while the police officer enquires whether or not the person is suspected of having committed any offence at any time;
(c)
to search the person for anything that is likely to be of value (whether by itself or together with anything else) to the investigation of any offence that the person has committed, or is reasonably suspected of having committed or of being about to commit or of intending to commit; and
(d)
to detain the person during such period as is reasonably required for the purpose of such a search.

 If a police officer have conducted ‘Stop and Search’ without sufficient suspicion. such actions may be deemed illegal.

Relevant case: 0129 Strike on 29 Jan 2020 ‘抗疫三罷行動’

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