LAI YING-KIT AND SAMUEL CHAN
PUBLISHED : Thursday, 23 July, 2015, 11:45am
UPDATED : Thursday, 23 July, 2015, 12:42pm
Franklin Chu officially retires on Thursday. Photo: SCMP Pictures
Hong Kong’s police watchdog will tell the force to consult the Department of Justice about a possible criminal prosecution after it upheld a complaint against a soon-to-retired superintendent accused of hitting a demonstrator with his baton during last year’s Occupy protests.
Edwin Cheng Shing-lung of the Independent Police Complaints Council said this morning the watchdog would write to police today to inform them of its decision to substantiate a complaint against superintendent Franklin Chu King-wai.
“For a ruling of this kind, we would ask in the letter if the police see a need to consult the Department of Justice’s views on how to follow it up,” said Cheng, chairman of the IPCC’s publicity and survey committee.
Watch: Police officer allegedly hits protester with baton during Occupy protests. Credit: DBC
The police watchdog during a special meeting last night voted by a simple majority to uphold its original decision to “substantiate” a complaint by Osman Cheng Chung-hang that Chu assaulted him with his baton in Mong Kok on November 26 last year.
Chu was divisional commander for Sha Tin and handling Occupy protesters in Mong Kok at the time.
The landmark decision last night – the first time in at least five years that the civilian body which monitors complaints against the police has ruled in favour of a complainant – means Chief Executive Leung Chun-ying is likely to be handed the rare task of deciding if the complaint against Chu merits a criminal prosecution.
READ MORE: Hong Kong's police watchdog upholds ruling that top officer assaulted Occupy protester
The complainant, meanwhile, said he welcomed the IPCC’s decision, although he did not have “high hopes” that the chief executive would do him justice.
“After all, he has been the one condoning police brutality,” Cheng said.
Speaking to RTHK this morning, Cheng said he would need to discuss with his lawyer on any follow-up action, including whether to file another report to police about the incident, which he said had initially been treated as a complaint rather than a criminal case.
Osman Cheng said he he did not have “high hopes” that the chief executive would do him justice. Photo: K.Y. Cheng
Private prosecution would be an option under consideration too if his lawyer thought it was feasible, he added. But he said he believed the IPCC’s final decision should strengthen his case.
Chan Shu-fai, of the Civil Human Rights Front which organises the annual July 1 march, told RTHK the incident had once again exposed the weakness of the current police oversight mechanism, in which the IPCC as a statutory body cannot hold the suspect accountable.
Chan said Chu should be put under criminal investigation immediately, and the chief executive should comment on whether he agrees with the IPCC’s finding.
Chu officially retires today.
http://m.scmp.com/news/hong-kong/law-crime/article/1843005/prosecution-top-hong-kong-policeman-hangs-balance-watchdog
