Police privately tortured and threatened those who were arrested for the bombing case on 7th March, some were arrested in their homes, had their legs bashed and broken that they could not attend court.
Police arrested 12 males and 5 females, in which 6 of them were charged, in multiple districts on the night 7th March 2020. They were suspected to be involved in the recent bombing cases, including the explosive discoveries at Caritas Medical Centre, Shenzhen Bay Port and Lo Wu Station. The 6 who were charged were brought to trial at the Shatin Magistrates’ Courts on 11th March, in which 2 defendants were unable to attend court due to bone fracture, while the other 4 were told “no case to answer”. All 4 of them complained on the court through their solicitors that they had been forced to confess without their solicitors. They also stated that they would argue against their confession as it had been recorded under being forced and induced by the police.
It is reported that the first and fourth defendants had their bones fractured during the arrest and were hospitalized, their trials were postponed to this Saturday. The second defendant stated on the court through his solicitor that his statement was taken when being forced and threatened. He and his girlfriend were both arrested, he was told by officers to confession, otherwise they will “mess with your girlfriend”, and he was told “other defendants in this case were beaten bad, do you want to try?”, he had his statement checked by officers for 4 times before recording his statement. Officers also denied his right to see his solicitor, and forced him to hand over his mobile phone and password for his apartment building.
The case was under trial again at the Eastern Magistrates’ Courts on 14th March, where the first defendant had the left eye covered with gauzed and the release on bail was denied. The fourth defendant was still hospitalized due to bone fracture and did not attend court.
Regulation 3 Discipline offences, Cap. 232A Police (Discipline) Regulations, Laws of Hong Kong:
(2)The offences against discipline are—
(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；
Regulation 14, Cap. 200 Crimes Ordinance, Laws of Hong Kong:
Certain acts of intimidation prohibited Any person who threatens any other person—
(a) with any injury to the person, reputation or property of such other person; or
(b) with any injury to the person, reputation or property of any third person, or to the reputation or estate of any deceased person; or
(c) with any illegal act, with intent in any such case—
(i) to alarm the person so threatened or any other person; or
(ii) to cause the person so threatened or any other person to do any act which he is not legally bound to do; or
(iii) to cause the person so threatened or any other person to omit to do any act which he is legally entitled to do, shall be guilty of an offence.
Regulation 3-Torutre, Cap. 427 Crimes (Torture) Ordinance, Laws of Hong Kong:
(1) A public official or person acting in an official capacity, whatever the official’s or the person’s nationality or citizenship, commits the offence of torture if in Hong Kong or elsewhere the official or the person intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.