Riot Police Barged in Shopping Mall, Intimidated and Forcefully Overpowered a Resident, “You Live Here? So What? Who Says You Can Be Here?”
Inside the Sheung Shui Centre Shopping Mall, a masked undercover police overpowered several people and took away one person. He used pepper spray to the crowd nearby and was on standby with his expandable baton. Riot police came inside the shopping mall to reinforce and set up Police cordon lines.
A man claimed to be a resident in Sheung Shui Centre asked to enter but was denied. A police officer shouted, ‘Get away! Who says you can be here?”. Somebody tried to mediate but was with no success. The police overpowered the man afterwards.
Basic Law Article 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.
Hong Kong Legislation Cap. 232A Police (Discipline) Regulations Part I Section 3:
(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;(k) unlawful or unnecessary exercise of authority resulting in loss or injury to any other person or to the Government;(m) conduct calculated to bring the public service into disrepute.
Hong Kong Legislation Cap.212 Offences against the Person Ordinance Section 40:
Any person who is convicted of a common assault shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 1 year.
Police General Orders Chapter 44 Section 44-04:
A police officer shall not enter any premises for the purpose of a search unless he is legally empowered to do so, or has the consent of the owner or occupier of the premises.
2. A police officer, having entered any premises to conduct a search with the consent of the owner/occupier, shall forthwith leave the premises once the consent to enter has been withdrawn by the owner/occupier. Where such consent is given, the officer will record this fact in his official notebook and read the entry to the person or invite him to read it himself, and thereafter invite the person who gave the consent to sign his name next to the entry. If entry into the premises has been granted by the owner or occupier for the purpose of making general enquiries, and at the time of entry the officer does not intend to conduct a search and gather evidence, there is no need for the owner/occupier to sign the officer’s notebook entry.
3. If an officer has entered premises to make enquiries with the owner/occupier and subsequently decides to conduct a search of the premises, the provisions of paragraphs 1 and 2 above apply, and a search should only be conducted if the officer is legally empowered to do so or has the consent of the owner/occupier of the premises.
Relevant Incident: 0105 Sheung Shui “March With You”