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July 23, 2015

IPCC sticks to its guns on assault ruling

rthk.hk - Instant NewsToday, 12:36 AM

IPCC chairman Larry Kwok. Photo: RTHK

Osman Cheng, who was struck by Superintendent Franklin Chu. Photo: Damon Pang

A protest held while the IPCC met. Photo: RTHK

The police watchdog has stuck with its original ruling that a senior police officer committed assault when he used his baton to strike a passerby during the Occupy protests last year.

The Independent Police Complaints Council met to review the case last night after the police force asked it to reconsider its decision.

But new testimony from the accused officer wasn't enough to change the watchdog's mind. IPCC chairman Larry Kwok said most members agreed that there was no need to alter the ruling.

The IPCC's position puts it directly at odds with that of the police. The force is convinced that Superintendent Franklin Chu did not commit assault. It accepts his explanation that he'd only used the baton as "an extension of his arm."

Now that the IPCC and the Complaints Against Police Office have opposing views on the case, the matter will be submitted to the Chief Executive, CY Leung, for him to make a ruling.

The man who was struck by Superintendent Chu, Osman Cheng, said although he was happy with the IPCC's decision, he didn't think Mr Leung could uphold justice for him, or the people of Hong Kong.

Former IPCC member and legal scholar Eric Cheung said there is no law that requires the chief executive to make a ruling. He noted that previous similar cases had simply died down after the CE responded only by saying he'd been informed of the matter.

Professor Cheung called on the Department of Justice to prosecute Superintendent Chu, who retires from the force today.

http://rthk.hk/rthk/news/englishnews/20150723/news_20150723_56_1118246.htm