Pro-Beijing fanatics destroyed “Lennon Wall” Riot Police arrived to search onlookers

At around 16:00 of 11th March, 2020, several Pro-Beijing (a.ka blue ribbon) fanatics ripped off posters and anti-government art from the Lennon Wall at Temple Mall North. Passersby stopped and watched on, while some tried to stop them. A team of riot police arrived, but instead of dispersing the fanatics, they stopped and searched 3 onlookers at the scene. According to witnesses, the riot police took down the onlookers’ ID info and released them afterwards. However, one of them, a female student, was found to possess an Elder Octopus Card and was taken to the Station Manager Office. No arrests have been made as to date.

From the case of Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192, The Court of Final Appeal of the Hong Kong Special Administrative Region restated the test for the common law offence. That reformulation is found at paragraph 45. There are 5 requirements. The offence 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; and
(5) Where such misconduct is 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.

《Laws of Hong Kong》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.
(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—
(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) 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.

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