Sheriff who pointed a gun at citizens challenged court on Weibo
Chak Kei, Lau, the station sergeant who pointed a gun to threaten citizens and reporter became popular in mainland China. When sharing the news which may smear the prosecutors on Weibo, he ridiculed their role and called it as encouraging riots. He said, “Judicial fairness? Laughable!” Lawyer Kevin Yam refuted Lau’s comments and suspected he may be “in contempt of court”
The news that Chak Kei, Lau shared is from pro-government press ST headline on Monday, 7 Oct. The police intended to search the apartment of the 14-year-old kid whose leg was shot by live round on the ground of riot and assault on police. On Sunday, the police force contacted 9 prosecutors to apply for a search warrant. Somme prosecutors rejected the phone calls, while others did not regard the warrant application as urgent. Judiciary rebutted the report in a statement, that the police might have circumvented regulations and contacted 5 off-duty prosecutors while the 4 could be approached at anytime. The Police force can also file a judicial review to challenge the decision of prosecutors. The report seemed to underline that 9 prosecutors failed to cooperate with the police force to repress rioters.
This kind of smearing and unreasonable attack on prosecutors is gem in the eyes of police supporters, including Lau. When he uploaded the captured screen of the news, he wrote, “There is little difference between prosecutors’ actions and encouragement of riots. Pamper, granting halo, light charges…Judicial fairness? Laughable!” The post was liked by many mainland netizens. Yet according to Chapter 6 of Police General Orders, “A police officer shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his/her duties, or which is likely to give rise to the impression amongst members of the public that it may so interfere. In particular, a police officer shall not participate in political activities…”
Barrister W.K. Tang believes that the 4 on-duty prosecutors did not approve the search warrant because “obviously there is no witness and evidence to support the shot teen that he offended the laws. It is pure imagination by the officer” Lawyer Kevin Yam railed against Lau, “this police officer who pointed a gun at citizens got invited to Beijing to attend National Day celebration”. A member of the disciplined services and law enforcement, in Yam’s view, should not make such comments on the court, ignore judicial independence and separation of power as dictated in the Basic Law, which can be regarded as contempt in court.