Freedom of the Press in Hong Kong / Duty of Police to Display Identification / Duty of HKSARG to have in place an independent mechanism for investigation of complaints of ill-treatment by police officers.
Re: The Hong Kong Journalists Association v. The Commissioner of Police and Secretary for Justice (HCAL 2915 / 2019)
Part 2 of 2
On 24-26 June 2020, the Honourable Mr. Justice Chow will hear Part 2 of a judicial review (JR) filed by the Hong Kong Journalists Association (“HKJA”) arising out of police conduct towards journalists engaged in lawful journalistic activity covering (neither participating in nor intermingled with participants in) public order events in Hong Kong from 12 June 2019 (the HK Anti Extradition Protests).
Part 2 of the judicial review challenge filed by the HKJA on 3 October 2019 will be heard by the court on Wednesday at the same time as separate judicial reviews brought by other litigants similarly challenging:-
1. The failure of the Commissioner to require (and ensure that) all uniformed police officers (and plainclothes officers exercising any public power) wear clearly visible individual identification when policing public order events during the HK Anti Extradition Protests (on or after 12 June 2019); and
2. The failure of the Government of the HKSAR to make available an independent mechanism for the purpose of investigation of complaints of ill-treatment by police officers that amount to torture or cruel, inhuman or degrading treatment or punishment, pursuant to Article 3 of the HKBOR.
The HKJA judicial review seeks to establish (in summary) the following:-
1. The Commissioner has acted unlawfully by permitting his officers to perform policing duties without any visible unique identification and/or without producing a warrant card when reasonably demanded by members of the press, in breach of Articles 3 and 16 of the HKBOR and/or Articles 27 and 28 of the Basic Law.
2. The Government of the HKSAR has a duty to establish a mechanism capable of effectively and independently investigating complaints against the police ill-treatment under Article 3 of HKBO, including complaints brought by journalists and members of the public, and
3. The existing complaints mechanisms involving a combination of the Independent Police Complaints Council (IPCC) and the Complaints against Police Office (CAPO) are inadequate to fulfil the obligation of the government under Article 3 of HKBO to investigate complaints of ill-treatment by police, as the IPCC cannot investigate complaints or make decisions on such complaints on its own (see comment below) and CAPO is not independent of the Commissioner of Police as it is not a separate statutory body but a unit of the HKPF created by the Commissioner under the Complaints and Internal Investigations Branch of the Service Wing of the Department (Management Services) of the HKPF.
The HKJA will be represented by Philip Dykes SC (Chairperson of the HK Bar Association), Robert Pang SC, Counsel Timothy Parker, Counsel Albert Wong and Counsel Geoffrey Yeung instructed by Vidler & Co Solicitors.
香港記者協會 Hong Kong Journalists Association
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