01 Investigation
Written by: Chen Xinxi
2020-02-20 07:00
Last updated: 2020-02-20 07:00During the anti-revision demonstration, there were a number of police complaint cases. Among them, police officers threw trash cans at the ground crowd on the Wan Chai flyover on October 1 last year, and traffic police hit a crowd by driving a motorcycle in Kwai Fong on November 11. Caused serious injury and caused widespread concern.
Police said they were still investigating the two incidents and did not give details. The IPCC responded to "Hong Kong 01" inquiries and stated that the CAPO had received a total of four related complaints alleging that the police officers involved were improper and negligent in their duties. All four were classified as "noticeable complaints".
Zhang Daming, a former member of the SFC and the principal lecturer of the Law School of the University of Hong Kong, pointed out that if the complainant is not directly affected, it must be listed as "notice to complain" according to the law, and the SIP has no right to review. He said the police could consider proactively publishing the findings of the investigation in response to public concern.
On October 1 last year, fierce demonstrations and clashes broke out in many districts. A video uploaded by an Agence France-Presse reporter showed that while the demonstrators were leaving in the direction of Causeway Bay via Gloucester Road, police officers threw an orange trash can (red circle) on the ground on the footbridge. Police responded that the incident could cause serious injuries and would follow up seriously. (Screenshot of AFP reporter's Twitter video)
Complaints Section of Police Overpass Throwing Objects, Motorcyclists Hitting Crowd, Complaints 4
According to the Police Commission, as of last Thursday (13th), there have been more than 1,600 police complaints related to anti-revision demonstrations. Police officers threw objects on the Wan Chai flyover on October 1 last year, and traffic police drove a motorcycle to the crowd on November 11. Police have said that the two incidents are serious and will follow up seriously. The reporter inquired with the police last week and received a reply stating that the investigation was still ongoing and no details were given.
The IPCC responded to "Hong Kong 01" inquiries and stated that the police have received a total of four complaints regarding the two incidents, including one complaint against flyovers alleging police officers' misconduct; three complaints against motorcycles crashing into the crowd, two of which allegations Police officers negligently performed their duties and the next case allegations of misconduct. All four cases were classified as "Notice of Complaints".
According to regulations, the CAPO must classify complaint cases into "reportable complaints" and "notice of complaints" in accordance with the laws and regulations. The former investigation report must be submitted to the IPCC for review. As for "notice of complaints," CAPO only needs to submit case summaries to the IPCC on a regular basis to ensure proper classification, but the IPCC does not have the authority to monitor how the police handles them.
On November 11, last year, demonstrators launched a "three strikes" in Hong Kong. A traffic policeman drove a police motorcycle on the road outside Kwai Fong Metropolitan Plaza and rushed to the protesters (red circle sign). It was reported that at least two A person was injured. The police officers involved were on vacation, but the police stressed that they were not suspended. About half a month later, the Commissioner of Police Deng Bingqiang said that the police officers involved had resumed work and stressed that they would still investigate and not condone. (Screenshot of online video)
Zhang Daming: The role of the IPCC is limited, but the police can announce it
Zhang Daming, a former member of the Hong Kong Police College and the principal lecturer of the Law School of the University of Hong Kong, explained that the "Regulations of the Hong Kong Police Force" set out a number of criteria, one of which is that if a complainant is directly affected by police actions, the case must be listed as "Reportable Complaint", or it must be "Notice to complain". He bluntly stated that if the case is classified as a "complaint notice", the IPCC has no right to review and has a limited role.
He believes that during the anti-revision demonstration, many people who were directly affected by the behavior of police officers were concerned about the charges of anti-accusation of illegal assembly after complaining to the police. The complainant's deterrence or indirect impact made the incident unnoticed. System is not enough to respond to the current situation. "
However, Zhang Daming pointed out that the law does not restrict the police to proactively announce the results of investigations in response to public concern. In the past, when the police believed that the incident was serious, such as involving a criminal case, a disciplinary hearing or even a criminal investigation was held on the persons involved to reflect the seriousness of the incident. Be open and honest.
Zhang Daming, a former member of the Supervisory Police Commission and chief lecturer of the University of Hong Kong Law School, pointed out that the Supervisory Commission has no right to monitor how the police handles "notice to complain", but the police can proactively announce the results of the investigation and respond to social concerns to show justice. (Profile picture / Photo by Deng Qianying)
Police officer Wan Chai flyover throws trash cans to follow up for 4 months
On October 1 last year, fierce demonstrations and clashes broke out in many districts. A reporter from AFP uploaded a short video on Twitter the same day, showing that the police used tear gas to disperse the demonstrators in Wan Chai. While the demonstrator crowd was leaving in the direction of Causeway Bay, a police officer threw an orange trash can on the footbridge on the ground.
Senior Police Superintendent Jiang Yongxiang of the Police Public Relations Division confirmed after the incident that a police officer was performing duties on the O'Brien Road flyover at the time of the incident. He agreed to throw the trash can down from the pedestrian overpass. "It is a very dangerous action." Very serious injuries. It is emphasized that the police will follow up seriously if it is proven that a police officer has taken relevant actions.
"Hong Kong 01" asked the police for follow-up progress in November last year, and received a reply stating that CAPO received relevant complaints on October 7 and will handle them fairly and fairly in accordance with established procedures. The reporter followed up with the police last week for the progress, and a police spokesman responded, "We attach great importance to the conduct of personnel. If any violations are found, they must be dealt with seriously and no comment will be made at this stage."
Deng Bingqiang took over the post of Commissioner of Police on November 19 last year. He has publicly expressed his disapproval of the allegations of police violence on several occasions in recent months, emphasizing the opposition to any violence, including violence by public officials and the police, and anyone who violates the law must be punished. However, a number of police complaints during the anti-revision demonstrations have not been investigated for many months. Among them, two incidents of police officers overpassing and motorcyclists crashing into the crowd. The police responded to "Hong Kong 01" last week and said they are still investigating. , Did not explain the details. (Photo / Photo by Zhang Haowei)
Traffic police drove into crowd over 3 months, police continued investigation, police resumed work
On November 11, last year, demonstrators launched a "three strikes" in Hong Kong. There were fierce clashes in many districts. A traffic policeman driving a police motorcycle on the road outside the Metropolis Plaza in Kwai Fong rushed to the protesters. There were reports that at least two people were injured.
Xie Zhenzhong, then Chief Police Superintendent of the Public Relations Division of the Police, explained that at that time, a police officer was sprayed with demonstrators by chemicals. A traffic policeman tried to separate the two sides. During the attack, he was attacked with a hammer and fist. The traffic policeman was injured and the motorcycle The police believed that the incident was very serious. The matter was referred to the New Territories South Region for investigation. The police officers involved immediately stopped frontline work and vacations. Xie emphasized that he was not suspended.
On December 1, the Commissioner of Police Deng Bingqiang acknowledged on the TV program that the police officers involved had resumed work. He emphasized that the investigation is still ongoing, and that the reinstatement has nothing to do with the investigation, and denied pampering. The reporter inquired about the investigation progress with the police last week and received a reply saying that "the police attach great importance to the conduct of the personnel and pay close attention to the incident. The incident was investigated by the Investigation and Support Team of the New Territories South Regional Transport Department. If an individual police officer is suspected of breaking the law or discipline, the police We will conduct fair and impartial investigations and follow up in accordance with the established mechanism. "
The IPCC issued a statement to officially announce the delay in issuing the first-phase report for judicial review and judgment
[Fugitives Regulations] Deng Bingqiang points to a friend who suspects that the police, Kwai Fang, and the traffic police have resumed work
[Police Press Conference] Motorcyclists rushed to the demonstrator Kwai Fong traffic police to stop frontline work
[Police Press Conference] 10.1 Garbage bins on police flyover Jiang Yongxiang: If confirmed, follow up seriously
Reviewing footage from Oct 1 in #HongKong. This one clearly shows riot police throwing a rubbish bin (orange object) from a #Wanchai footbridge at protesters as they flee from police tear gas and pepper spray. # HongKongProstests #antiELAB pic.twitter.com / rSyqeipqdw
— Ayana (@ayanchiu) October 5, 2019Fugitive Offenders Ordinance