Author Archives: hksar gov

     Following is a question by the Dr Hon Kwok Ka-ki and a reply by the Secretary for Security, Mr John Lee, in the Legislative Council today (November 27):
      
Question:
 
     It has been reported that on the 11th of this month, a traffic police officer, while clearing roadblocks, pulled out his service revolver and pointed it at the chest of a man several feet away.  The two persons then drew close to each other and got into a scuffle.  While grabbing that man in a headlock with his left arm, the traffic police officer pointed his service revolver at another unarmed, black-clad man walking toward him, and fired at him without giving a warning.  The black-clad man was shot and fell to the ground.  Without examining the injuries of the black-clad man who was lying face down on the ground and unresponsive, an anti-riot police officer, who subsequently arrived for reinforcement, used plastic strings to tie the left hand of that man, turned him over and pulled him up to sit on the ground.  The man wounded with the gunshot was subsequently taken to the hospital for treatment and was in a critical condition at one time.  In this connection, will the Government inform this Council:
 
(1) as Chapter 29 of the Police General Orders stipulates that the level of force to be used by police officers shall be minimal and reasonably required under the prevailing circumstances, whether it has studied if the shooting by the traffic police officer was in breach of the requirement, and whether it has assessed his psychological quality at the time of the incident to see if he was fit to perform duty;
 
(2) if there are guidelines stipulating that police officers must, when making an arrest, gain an understanding about whether an arrestee is injured and the degree of injuries he or she has sustained, as well as how to avoid exacerbating the injuries of an injured person during the arrest; if there are such guidelines, whether it has studied if the aforesaid way of handling by the anti-riot police officer was in breach of the guidelines; and
 
(3) given that the news organisation which videotaped the incident issued a statement criticising the Police for showing the relevant footage at a police press conference without obtaining its consent, and that the footage shown was incomplete, thus failing to let members of the public understand the whole story of the incident, whether the Police will apologise to the news organisation, and whether the Police has assessed the impact of such practice on its credibility?
 
Reply:
 
President,
 
     It is the Police’s statutory duty to maintain public safety and public order.  When public order and public safety are severely threatened by situations such as illegal road blockage, paralysed traffic, unlawful assemblies and violent charging of police cordon lines, the Police must take appropriate actions to maintain law and order and safeguard public peace.
 
     I must stress that if members of the public express their views in a peaceful, rational and lawful manner, the Police need not use any force.  In fact, the serious violence and illegal acts have caused the death of an innocent citizen whose head was hit by a brick.  Since June 9, this year till November 26, over 2 600 people were injured in large-scale public order events and attended public hospitals for treatment, including a victim who was seriously burnt by a rioter setting inflammable liquid on him.  Among the injured persons, over 470 were police officers whose injuries included cuts, burnt by corrosive liquid, bone fracture, serious burns, injuries by being hit by an arrow, etc.
 
     The Police have stringent rules and guidelines on the use of firearms.  Generally speaking, police officers may use firearms to protect anyone, including themselves, from the threat of death or serious injury.  Besides, police officers will give verbal warnings prior to the use of firearms as far as circumstances permit and, where practicable, give the person(s) being warned every opportunity to obey police orders before using firearms.
      
     Every police officer, whether newly recruited or serving, has to go through rigorous training on the use of force in order to fully understand different legitimate uses of force in a safe and effective manner, in order to achieve the relevant purpose.
      
     Starting from around 6.30am on November 11, rioters set roadblocks with sundries at multiple locations in Hong Kong, wilfully blocking roads and seriously obstructing traffic, including in Cross Harbour Tunnel at Hung Hom towards Hong Kong Island, Tate’s Cairn Tunnel towards Diamond Hill and Tuen Mun Road towards Kowloon.  That day was a Monday.  The illegal acts of the rioters severely affected the public’s daily lives, given that many citizens have to go to work or school during rush hours in particular.
 
     With regard to the police open fire incident that occurred in the Eastern District on Hong Kong Island on November 11, the Police’s investigation is actively going on.  As it involves criminal cases and possible litigation, it is inappropriate for me to comment in detail.  Therefore, whilst answering the Member’s question as far as possible, I can only cite information made public by the Police, and adhere to the principle of not affecting the relevant investigation and judicial proceedings.
 
     My reply to various parts of the question is as follows:
 
(1) At about 7.20am on November 11, a police open fire incident happened in the Eastern District on Hong Kong Island.  At that time, when officers from Traffic Hong Kong Island drove police vehicles past the junction of Shau Kei Wan Road and Tai On Street, they came across illegal roadblocks and thus got off to clear the obstacles.  Officers from the Traffic Branch were not anti-riot police and did not have full protective gear.  At that time, some people at the scene approached the police officer, and got into a fierce scuffle with him, during which a person tried to touch his service revolver.  Taking into account the immense danger posed to the public if his service revolver was snatched and that his life was threatened, the traffic police officer fired a shot which hit a male.
            
     Other people did not stop thereafter and continued to come up to scuffle with the officer and attack him.  As the threat had not been resolved, the officer fired two subsequent shots but hit no one.

     â€‹At the scene, the Police arrested a male for the alleged offence of “attempted robbery of firearms”, and another male for the alleged offences of “attempted robbery of firearms”, “assisting offenders”, “possessing an instrument fit for an unlawful purpose” and “unlawful assembly”.  Investigation of the case is actively on-going.
 
     I must point out that snatching firearms is a serious criminal offence with very dangerous consequences.  Should a revolver fall on the hands of criminals, deaths and injuries may be caused and the consequence is unimaginable.  Upon preliminary investigation, the Police consider that, in view of the pressing situation at the time, the open fire was lawful and reasonable.
 
     The case has been passed to the Regional Crime Unit of Hong Kong Island for investigation.  The officer has received the Post Shooting Mandatory Interview Service offered by the Psychological Services Group of the Force according to the usual Police’s procedures and guidelines.
 
(2) Arrested persons have the right to receive treatment and the Police have a duty to make arrangements.  According to the Police’s guidelines, if an arrested person is injured at the scene of crime or during arrest, that person will be sent directly to the hospital.  Most police officers have received first aid and basic medical training and are able to provide preliminary treatment for injured persons before ambulance personnel arrive at the scene.  In handling injured arrestees, the Police must also consider the safety and security of arrestees.
 
     After the shooting incident, members of the Police Tactical Unit were summoned to the scene as reinforcement, and bound the arrestee with plastic strings on arrival.  Having found the arrestee suffered a gunshot, the officer immediately stopped the action and provided preliminary treatment for the patient before ambulance personnel arrived at the scene.
 
(3) The Police have been committed to providing timely information and assistance to facilitate media reporting by media groups.  When disseminating information, while taking into account the general restrictions, the Police will also consider the severity of the incident and the public’s right to know so as to strike a balance in the overriding public interest.
 
     Having regard to the public concern over the police shooting took place on that day and the various queries on the incident circulating on the Internet, the Police played a video footage showing the incident at the press conference held on the afternoon of the same day.  The related video footage has never been altered by the Police, and the purpose was to clearly explain to the public what happened at that time as early as possible.
 
        Thank you President. read more

     The Secretary for the Civil Service, Mr Joshua Law, visited the Trade and Industry Department (TID) today (November 27) and met with staff of various grades to learn more about the department’s work and exchange views on matters of concern. 

     Accompanied by the Permanent Secretary for the Civil Service, Mr Thomas Chow, Mr Law first met with the Director-General of Trade and Industry, Ms Salina Yan, and the directorate staff to get an update on the department’s work in facilitating and supporting the development of trade and industry, enhancing relations with trading partners and supporting Hong Kong’s enterprises, as well as the challenges ahead. 

     Mr Law then visited the Systems Division to understand the processing of applications for the Certificate of Hong Kong Origin – Closer Economic Partnership Arrangement (CO(CEPA)). He said he was pleased to learn that the TID has been issuing the electronic CO(CEPA) since May 2016, thus providing a prompt and convenient service to enterprises.

     At the Europe Division, Mr Law was briefed on the department’s work in expanding Hong Kong’s free trade agreement and investment agreement networks. He also toured the Support and Consultation Centre for Small and Medium Enterprises under the Industries Support Division to better understand the daily work of front-line colleagues, including the provision of business information and advisory services, and the enhancements to funding schemes to better support Hong Kong enterprises.

     Before concluding his visit, Mr Law met with staff representatives of various grades at a tea gathering to exchange views on issues of concern. He praised colleagues for their dedication and encouraged them to continue to help Hong Kong enterprises diversify other markets and promote Hong Kong’s economic development. read more

     The Memorandum of Understanding (MoU) for the Conservation of Migratory Waterbirds signed by the Agriculture, Fisheries and Conservation Department (AFCD) and the Environment Bureau of the Government of Incheon Metropolita… read more

The following is issued on behalf of the Legislative Council Secretariat:      The Legislative Council (LegCo) House Committee will hold a special meeting at 2.30pm on Friday (November 29) in Conference Room 1 of the LegCo Comple… read more

     Following is a question by the Hon James To and a reply by the Secretary for Security, Mr John Lee, in the Legislative Council today (November 27):
 
Question:
 
     It has been almost six months since the eruption of the disturbances arising from the opposition to the proposed legislative amendments. It has been reported that the acts of some police officers in handling public events have aroused public concerns. Such acts include firing a number of tear gas rounds at universities and residential areas, shooting and injuring demonstrators under unwarranted situations, running a motor cycle into demonstrators, firing sponge rounds at journalists who were performing news covering work, spraying pepper sprays at the face of bystanders and journalists at close range, cursing and arresting bystanders, arresting District Council members who were at the scenes of demonstrations observing the situation, and arresting members of the public who donated supplies such as clothes and food. In this connection, will the Government inform this Council:
 
(1) of the details of the cases in which police officers fired live ammunition and rubber bullets respectively during public events since June this year, including the number of police officers involved, the number of bullets fired, the resultant casualties (with a breakdown by demonstrators, journalists and members of the public), the body parts of the injured to which injuries were sustained, as well as the current number of persons who are now hospitalised;
 
(2) of the respective numbers of police officers who were subject to complaints, warnings, suspension from frontline duties, orders to take leave, criminal investigations, and punishments, as a result of breaches or suspected breaches of the Police General Orders or the guidelines on the use of force since June this year; whether the newly appointed Commissioner of Police will order police officers to exercise restraint when performing duties, impose severe punishment on the police officers breaching the relevant requirements, and refer cases of police officers being alleged of having committed criminal offences to the Department of Justice for consideration of whether or not prosecutions should be instituted; and
 
(3) as the International Expert Panel set up by the Independent Police Complaints Council (IPCC) a few months ago has indicated early this month that with a shortfall in IPCC powers and its independent investigative capability, it is necessary to enhance IPCC’s capability to gather evidence before IPCC can complete its interim report, and it has also proposed that a more comprehensive inquiry should be conducted by an independent body as a next step, whether the Government will consider the Panel’s proposal and make public fully the interim report?
 
Reply:
 
President,

     Members of the public enjoy the freedoms of expression, speech and assembly but they must exercise them peacefully and lawfully. The Police have a statutory duty to maintain public safety and public order.  When unlawful acts take place, the Police must take appropriate actions to restore peace in the community. The Police would not need to use any force if members of the public could express their views in a peaceful and rational manner.  

     Since June 9 this year, more than 900 protests, processions and public assemblies have been staged in Hong Kong, and many of them ended up in serious violent illegal acts. In the past five months or so, there were numerous severely illegal acts, including wantonly blocking roads, paralysing traffic, hurling petrol bombs and setting fires at various locations, throwing bricks, intentionally vandalising and burning shops and railway facilities, flagrantly assaulting others holding different opinions, seriously wounding others and violently attacking police officers, etc. Recently, a large number of persons occupied university campuses, where they caused extensive damage, stole dangerous chemicals and manufactured petrol bombs on campus targeting the Police on a large scale. For responding to and curbing violent acts, police officers have to deploy appropriate force to control the scene and bring rioters to justice so as to restore public safety and public order. While using force and making arrests, the Police must act according to the law, taking account of the situation at the scene, and in an appropriate manner. They must also comply with relevant internal guidelines of the Police.

     The references to the acts of police officers in the reports mentioned in the preamble of Hon To’s question have not taken into consideration the full account of events and have made unfair accusations. I do not agree to these references which do not fully reflect the facts. 

     In fact, serious violent and illegal acts in the past few months have already resulted in the death of an innocent member of the public who was killed by a brick hurled at him. From June 9 to November 26 this year, more than 2 600 persons were injured in major public order events (POEs) and sought medical consultation or received treatment at public hospitals, including a victim seriously burnt by a rioter who ignited flammable liquid on him. More than 470 of the injured persons were police officers who suffered from knife wounds, corrosive liquid burns, fractures, severe burns, wounds inflicted by arrows, etc.
     
     My reply to the various parts of the question is as follows:

(1) The Police have strict guidelines on the use of force. To restore public peace, the Police will need to deploy appropriate force against violent illegal acts based on actual needs. Police officers will, as far as circumstances permit, give verbal warning before using force, and give the persons so warned the opportunity to obey police orders where practicable. Generally speaking, weapons used are non-lethal equipment, such as rubber bullets. As for the use of live ammunition, the Police have very stringent rules and guidelines. A police officer may use live ammunition to protect any person, including himself or herself, from the threat of death or serious injuries.

     From June 9 to November 12 this year, the Police used about 4 800 rubber bullets in response to violent acts of protesters in various POEs. Up to November 18, the Police fired a total of 19 live shots in 13 incidents.  Nine incidents involved one live shot, two incidents involved two live shots, and two incidents involved three live shots. All of the police officers concerned were protecting themselves and/or others at the scene from immediate threat of death, or potential threat of death in case the rioters were not stopped. In three incidents, the suspects were hit. A suspect was hit near the left shoulder in Tsuen Wan on October 1; another hit in the left thigh in Yuen Long on October 4; and the other hit in the right abdomen on November 11 in Sai Wan Ho. The three injured persons have been discharged from hospital.  The Police do not maintain the other information requested in the question. 

(2) The Police do not tolerate any breach of law or offence against discipline by police officers. If individual police officers are suspected of having done so, the Police will make investigation and follow up actively in accordance with the established mechanism, in a fair and impartial manner.

     As at November 25 this year, the Complaints Against Police Office (CAPO) received 1 261 complaints in relation to major POEs since June 9. CAPO has set up a designated team of 26 members to follow up these cases. The complaints concerned are still under investigation. CAPO does not maintain the breakdown requested in the question.

     Being a professional force, the Police have all along placed emphasis on discipline and acting in accordance with the law. The new Commissioner of Police will firmly uphold these principles.

(3) The Independent Police Complaints Council (IPCC) operates independently under the Independent Police Complaints Council Ordinance (Cap 604) to perform its statutory functions, which include observing, monitoring and reviewing the handling and investigation of reportable complaints by CAPO and making recommendations on the handling and investigation of complaints. IPCC may also identify any fault or deficiency in any practice or procedure adopted by the Police that has led to or might lead to reportable complaints, and to make recommendations to the Police and/or the Chief Executive.

     In response to public concerns regarding law enforcement actions by the Police in major POEs, IPCC has established a Special Task Force and an International Expert Panel (IEP) to proactively study major POEs held since June 9 in Hong Kong and the corresponding actions taken by the Police, and to announce the progress to the public by phases.

     In early November this year, an IEP member took his own initiative to upload a document named “Progress Report” onto his personal social media account. IPCC made a statement via the press on November 10, and indicated that the document had not been seen or deliberated by IPCC members. IPCC expressed disappointment about the sharing. IPCC stated that it was fully aware of the limitations of its legal powers and resources as mentioned in the document, and has been continually working to enhance its resources. IPCC stated that it was committed to submitting the preliminary report of the study with sufficient facts and preliminary conclusions to the Chief Executive and publish the details within the original timeframe (i.e. early 2020). The report to be submitted by IPCC to the Chief Executive will be made available to the public for examination in detail.

     As a matter of fact, IPCC has rich experience in handling complaints against the Police. We need to give IPCC the necessary time and room so that it can focus on completing its study. The Government will co-operate fully with IPCC to facilitate its work. At present, IPCC should be allowed to perform its statutory functions under the prevailing mechanism. Upon release of the report, the Government will carefully consider the recommendations and follow up as appropriate.

     Thank you, President. read more