2010年2月19日 星期五

Maybe Legal, Surely Unjust - 20100219

The Police Force seems to be stretching their power to the fullest range, by doing what they could do literally.

There were quite a number of protests held recently. The one on anti-Express Rail Link produced the note of the highest pitch. Bombardment between protesters and police officials was reasonably foreseeable. Strangely, the Police Force charged some of the protesters of "common assault".

"Common assault" is one of the most trivial crimes. Even a mere touch could constitute the actus reus. So, in our everyday life, especially in Hong Kong, one of the most densely populated cities in the world, we are subject to "common assault" in many situations. In the train compartment, during a concert, walking in Mongkok etc. However, do we see many related court cases? Common sense says no.

In addition, according to Basic Law, the mini constitution of Hong Kong, article 27 entrenches our freedom of assembly, and even strike. Legally speaking, statute and regulation are subordinate to constitution. Thus, when there is a conflict, between Hong Kong residents exercising their enshrined rights, and Police Force performing their duty, the prior one should prevail.

It is quite amazing to see a police officer intimidated a protester who was using amplifier for a charge of common assault. Except power abuse, there seems no other satisfactory explanation behind.

沒有留言:

張貼留言