Power of arrest s5011A and IB of the Police Force Ordinance A police officer is

Power of arrest s5011a and ib of the police force

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Power of arrest s.50(1),(1A) and (IB) of the Police Force Ordinance: A police officer is given broad powers of arrest where he has a reasonable belief that a person will be charged with an offence, or a reasonable suspicion of a person’s guilt of an offence, which has a mandatory sentence or which could be sentenced to imprisonment. 77 78
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40 Under the rule of law, Law Enforcement Agencies must abide by the law: Any activity committed by a law enforcement officer in transgression of the law will lack legal effect or legal authority. The law does not immunise a law enforcement officer from criminal liability. If the officer becomes a law-breaker, the criminal law shall turn against him or her. HKSAR v Chu Frankly [2018] 6 HKC 229 A police officer was found guilty of assault occasioning actual bodily harm for using baton to hit the neck of an unarmed and law-abiding pedestrian for crowed control during the Umbrella Movement. He was sentenced to 3 months imprisonment. 79 80
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41 HKSAR v Osunwoke [2018] 2 HKC 575 The CFI quashed the appellant’s conviction by a deputy magistrate of assaulting police officers in the due execution of their duty , contrary to s.36(b) of the Offences Against the Person Ordinance. Contrary to the deputy magistrate’s findings, the video evidence demonstrated that the appellant was in fact brutally struck by police officers with their batons in spite of the fact that there was no resistance on the part of the appellant . The violence inflicted on the appellant was far above and beyond what was required in the scenario faced by the police officers and was wholly disproportionate . It was only after this that the appellant, in an act of lawful self- defence , used reasonable force to grab one of the batons away from an attacking officer’s hand and push away another officer. The Independent Police Complaint Council (IPCC) The responsibility of the IPCC, pursuant to the Independent Police Complaints Council Ordinance (Cap.604), is to evaluate investigation reports produced by the Force’s own Complaints Against Police Office . The IPCC has no power to directly investigate complaints on its own initiative, and the recommendations it makes to the Chief Executive and the Commissioner of Police are not binding. 81 82
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42 The Independent Commission Against Corruption (ICAC) Section 13(1), ICACO: Authorises the Commissioner to ‘ enter any Government premises and require any prescribed officer to answer questions concerning the duties of any prescribed officer or public servant and require the production of any standing orders, directions, office manuals or instructions ’. Over 80% of all ICAC cases prosecuted to completion have resulted in convictions.
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