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December 03, 2015

Assault complaint against top cop may be up to Leung

Franklin Chu (inset) retired in July with an assault complaint against him in limbo after CAPO rejected the findings of an independent review panel. Photos: HKEJ, Apple Daily

Chief Executive Leung Chun-ying may have to decide whether to prosecute a retired police official accused of assault if a deadlock between two review panels is not resolved.

Former Sha Tin division commander Franklin Chu is facing assault allegations from democracy activist Osman Cheng who claimed in a Nov. 29 complaint that the officer attacked him and two others with a baton.

Chu retired in July but the complaint against him is in limbo after a police review body rejected a report by an independent panel which found that the complaint is justified.

Larry Kwok, chairman of the Independent Police Complaints Council (IPCC), said the police are waiting for legal opinions before deciding whether to accept its ruling, according to Apple Daily.

He said the 28-member panel will discuss the matter and try to come up with recommendations in a month.

Secretary general Ricky Chu said IPCC may take further action if the standoff with the Complaints Against Police Office (CAPO), an internal investigation unit, is not resolved.

Some panel members said they are considering various options, including sending a report directly to Leung.

That would mean Leung would have to break the deadlock, they said.  

The complaint stemmed from an incident in which Franklin Chu allegedly charged a group of protesters with a baton during clashes with policemen in Mong Kok last year.

Chu said then that the baton is an “extension” of his arm.

Cheng said he does not expect a favorable ruling from Leung if he ends up making the final decision.

Instead, he wants IPCC to publish its findings and let the public make its own conclusions. 

Meanwhile, IPCC said it received 2,159 investigation reports on new cases from CAPO this year, down 12 percent from 2014.

Among them were 172 complaints against police relating to last year’s street protests.

– Contact us at english@hkej.com

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