Riot police pepper sprayed a group of press arbitrarily, and wrapped arm around journalist’s neck to take him for search
At around 11pm, an out-of-control police officer pepper sprayed a group of press arbitrarily in Yau San Street, Yuen Long. A riot police officer hung his arm around the neck of a journalist who was wearing a hi-vis vest, and took him across the street forcibly for search. After a prolonged period of questioning, the journalist was finally released.
Basic Law - Article 28:
No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited. Torture of any resident or arbitrary or unlawful deprivation of the life of any resident shall be prohibited.
Hong Kong Legislation - Cap. 212 Offences against the Person Ordinance, Article 40：
Common assault
Any person who is convicted of a common assault shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 1 year.
Police General Orders - Chapter 39, Article 39-05:
Working with Media Representatives
All officers at the scene of an incident shall:-
(a) facilitate the work of the news media as much as possible and accord media representatives consideration and courtesy; and
(b) not block camera lenses.
Hong Kong Legislation - Cap. 232 Police Force Ordinance, Article 54(2):
(2)If a police officer finds any person in any street or other public place, or on board any vessel, or in any conveyance, at any hour of the day or night, whom he reasonably suspects of having committed or of being about to commit or of intending to commit any offence, it shall be lawful for the police officer—
(a)to stop the person for the purpose of demanding that he produce proof of his identity for inspection by the police officer;
(b)to detain the person for a reasonable period while the police officer enquires whether or not the person is suspected of having committed any offence at any time;
(c)to search the person for anything that is likely to be of value (whether by itself or together with anything else) to the investigation of any offence that the person has committed, or is reasonably suspected of having committed or of being about to commit or of intending to commit; and
(d)to detain the person during such period as is reasonably required for the purpose of such a search.If a police officer does not have reasonable suspicion before carrying out the above actions, the police officer would have violated the law.
Related incident：21 March, 8 months after Yuen Long “721 Attack”
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