Franklin Chu (inset) is facing an assault complaint from pro-democracy activist Osman Cheng, Meanwhile, Larry Kwok (above) says the IPCC will decide whether to hold a meeting to discuss the complaint pending a response from CAPO. Photos: HKEJ, YouTube
Hong Kong police authorities say they will decide whether to prosecute a retired former officer for alleged assault after reviewing legal advice from the Department of Justice (DOJ).
The Complaints Against Police Office (CAPO), an internal disciplinary unit, said it will send its response to the Independent Police Complaints Council (IPCC) in a week’s time, Ming Pao Daily reports.
IPCC has ruled that the complaint against former police superintendent Franklin Chu is justified.
Chu retired in July.
The complaint was filed by pro-democracy activist Osman Cheng who claims Chu attacked him with a baton during last year’s protests.
CAPO said it is studying 14 pages of legal advice from the DOJ but did not elaborate.
The DOJ said it offered legal advice to CAPO but did not discuss “criminal matters”, meaning no recommendation has been made whether to press charges against Chu.
IPCC chairman Larry Kwok said the police watchdog will decide whether to hold a meeting to discuss the matter pending a reply from CAPO.
Kwok said any decision by the police would only be made public in January 2016.
Legislative councilor James To accused the police of using the DOJ as an excuse to delay the process.
He said the police misled the public when they said a DOJ legal opinion was being awaited when no such request had been made.
Cheng said he is disappointed by the handling of his complaint, adding he is weighing his options.
Chu, the former Sha Tin divisional commander, was filmed hitting pedestrians with his baton.
He defended himself by saying the baton is an extension of his arm.
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