After tattooed man provoked citizens and insulted the press, riot police tapped his shoulder and escorted him to leave
At the Yuen Long Jockey Club Town Square, a white-shirted man provoked and insulted the people waiting to be stopped and searched, he walked towards the present reporters and called them “black press”, used his hand to block the cameras and was escorted to leave by the police later, they even friendly tapped his shoulder. Civilians suspected why the man did not need to be stopped and searched, discontentedly said, “Of course people in white t-shirt are privileged.”
In the case of Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192, the Court of Final Appeal certified the five elements of misconduct in public office (MIPO), including:-
(a) a public official;
(b) in the course of or in relation to his public office;
(c) wilfully misconducts himself; by act or omission, for example by wilfully neglecting or failing to perform his duty;
(d) without reasonable excuse or justification; and
(e) where such misconduct is serious, not trivial, having regard to the responsibilities of the office and the officeholder, the importance of the public objects which they serve and the nature and extent of the departure from those responsibilities.
Police General Orders Ch 6 Conduct and Discipline – 6-01Conduct
2.(a)Other than in the course of duty, a police officer shall not associate with:-
(i)any known criminal or triad personality; or
(ii)any person about whom the officer has been notified by the CP (ACP SQ) that association with the person is likely to bring disrepute to the officer himself and / or the Police Force.
(b)Officers are also advised that other than in the course of duty, they should not associate with persons of doubtful or undesirable reputation.
Laws of Hong Kong – Cap. 245 Public Order Ordinance – No. 17B Disorder in public places：
(1)Any person who at any public gathering acts in a disorderly manner for the purpose of preventing the transaction of the business for which the public gathering was called together or incites others so to act shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 12 months.
(2)Any person who in any public place behaves in a noisy or disorderly manner, or uses, or distributes or displays any writing containing, threatening, abusive or insulting words, with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be caused, shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 12 months.
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