#less lethal weapons

議事論事：烽煙四起; 「見薇知著」嘉賓：邱誠武(運輸及房屋局前副局長)

網民連續多日發起三罷行動，警民衝突愈趨激烈，有途人遭示威者淋易燃物焚燒成火人；有警員向示威者開真槍；亦有警員駕駛電單車衝向示威者。多宗執法事件中，前線警員使用武力方式備受爭議，但警方一直未有公開《警察通例》中涉及「武力與槍械的使用」內容，令公眾無從判斷和監察警方有沒有過份使用武力。  

另一方面，防暴警察連續兩日攻入中大校園，施放數以百計枚催淚彈，至少數十名學生受傷，校長段祟智數度斡旋無效，校園內示威者與警方爆發多次衝突，有示威者向警方投擲汽油彈還擊，火光處處。入夜後，香港多處地點亦受到破壞，交通受阻。  

過去五個月來，警方執法及使用武器備受質疑，特首林鄭月娥意圖由監警會進行調查，但日前獲特區政府邀請出任監警會國際專家小組成員之一的Clifford Stott發聲明，表示監警會的權力及獨立調查能力不足以應付近期大規模的社會事件，建議下一步由獨立機構深入調查。在現行監警機制受限的情況下，難以深入調查警方的執法問題以及多宗社會事件的成因。警方向公眾開槍、向民居及入校園施放催淚彈等，有沒有遵守指引？如何能釋除公眾疑慮 ？

RTHK

LegCo Review: Fire and Smoke in All Directions (Confusion of War), in Cantonese with Chinese subtitles, November 14, 2019

Guest: Yau Shing Mu (Former Undersecretary for Transport and Housing)

Over the past few days netizens have called for a general strike of work, commerce, and school, intensifying clashes between police and citizens, and an incident where a man doused and set on fire apparently by a protester; police firing live rounds at demonstrators; and an officer driving their motorcycle into protesters. During the course of law enforcement, front-line police have used brute force tactics arousing controversy, however they have refused to release their Police General Orders with regard to the “Force Procedures Manual” on force and firearms, preventing the public from access to determine or investigate if the they has resorted to excessive force.

Meanwhile, in the last couple of days riot police have repeated charged into the Chinese University of Hong Kong campus, firing hundreds of tear gas bombs, with at least tens of students getting injured, vice-chancellor Rocky Tuan trying to mediate without success; demonstrators and police on campus coming into repeated violent conflict, and demonstrators throwing petrol bombs at police response, the glow of fire everywhere. Into the night, vandalism occurred across Hong Kong, and traffic obstructed.

Over the past five months, law enforcement and use of weapons have been called into question, Chief Executive Carrie Lam has used the Independent Police Complaints Council to carry out investigation; however a day ago a member of the International Experts Panel of the IPCC invited by the SAR government, Clifford Stott made a statement expressing their power and resources were insufficient as well as unable to cope with the scale of the societal situation, suggesting the next step was to create an independent organization to more thoroughly investigate. If independent review of police actions were to be restricted again, it would be difficult to penetrate the question of problems in law enforcement or the many incidents to the roots of the crisis. With the police firing tear gas and more at the public, in residential areas and on campus, have they respected the guidelines? How can the public’s misgivings be resolved?

Further reading:

RTHK: Govt backs arms with 'low-injury risk' for police, January 15, 2020

RTHK: Police brutality doesn't exist in HK: Carrie Lam, January 16, 2020

What’s troubling is that this isn’t under consideration out of concern for apprehending or disabling general criminal activity, but in a context where police brutality and misuse of force against political protest and dissent has been a sustained and prominent issue. The last time the use of this kind of weapon was considered in Hong Kong was during the 2016 Mong Kok unrest, shelved indefinitely until now. The SAR government and police force continue to refuse calls for thorough transparency and independent investigative power while only expanding their arsenal and potential to do more harm to civilians.

They’ve already responded to less lethal weapons sanctions by sourcing tear gas from China and using water cannons. People have been injured due to the less predictable reactions and temperatures as well as misuse of projectiles, and the government refuses to release the chemical component information despite it hindering medical treatment.

Further reading:

Police said on Thursday that extendable batons used by a group of people who were caught on video attacking a man dressed in black, were a different type from what police officers are issued with.

The footage of a mob of baton-wielding people in Sheung Shui had led to some internet users alleging that the attackers were undercover police officers. From last month, the department had allowed officers who were not on duty to carry extendable batons and pepper spray home with them for protection.

The video of Thursday's Sheung Shui incident circulated on social media showed some of the attackers using extendable batons. Police said they received a report of the incident at 11.51am.

But senior superintendent Kong Wing-cheung from the police public relations branch said they weren't plainclothes officers, and the weapons they had were not the same model as the ones that police use.

He also blamed a group of people wearing black for hampering the police investigation into the incident.

Officials also said their investigation found no suspicious circumstances regarding the death of a man who was found in a pool of blood at a warehouse site in Tsuen Wan.

The black-clad man was taken to Yan Chai Hospital after being found on the floor near Kerry Warehouse in Shing Yiu Street at around 10.30pm on Wednesday night.

Police said the security footage from the warehouse showed he wandering alone in the building shortly before. The officers said the man had some bone fractures, but they did not find any kind of suspicious injuries.

The police have also dismissed concerns that their tear gas can cause skin problems, after a Stand News reporter said he was suffering from Chloracne.

Senior superintendent Wong Wai-shun said it's extremely rare that the lawful use of tear gas would cause permanent after-effects.

There are also concerns about the ammunition issued by officers after a volunteer first aider suffered serious burns to his back when he was apparently hit by a tear gas canister.

But senior superintendent Wong said the high temperature from the canisters is normal.

RTHK

Further reading:

SCMP: Hong Kong protests: man beaten by baton-wielding gang in Sheung Shui, Noevember 14, 2019

HKFP: Baton-wielding men attack suspected pro-democracy protester as girl claims to have ‘narrowly escaped kidnap’, November 15, 2019

There is nothing normal about constant exposure to chemical weapons, burns from canisters, live rounds aimed at civilians, people requiring gear and protection from police, the real possibility of organized mob violence, and the inability to rely or trust on law enforcement to do anything about it.

Show some professionalism and conscientious humanity, focus on earning back the trust of the Hong Kong people you are supposed to serve, not just following the orders of the SAR and the CCP. Support actual independent inquiry; fact-find, investigate, and charge the people behind the list of unresolved incidents like the Yuen Long attacks with transparency; and take responsibility for the brutality, obstruction, and unprofessional acts of abuse your forces have perpetrated.

Stop creating more incidents and abandoning your charge. Your occupation doesn’t mean you to have no real independent political identity or perspective, and least of all letting your employer and superiors decide your positions and rights as well as the rights of your fellow citizens.