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Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by the Hon Kenneth Leung in the Legislative Council today (April 24):
Question:
The United Nations Human Rights Committee (the Committee) has issued its concluding observations after its hearing held last month on the third report in the light of the International Covenant on Civil and Political Rights submitted by the Government of the Hong Kong Special Administrative Region (HKSAR) through the Central People's Government. The Committee has expressed concern about reports of excessive use of force by the Police in handling demonstrations, in particular the inappropriate use of pepper spray. Moreover, the Committee also considers that the HKSAR Government should draw up clear guidelines on the use of video-recording devices by the Police during demonstrations and on records of the use of such devices, and should make such guidelines accessible to the public. In this connection, will the Government inform this Council:
(a) of the response of the Police to the concluding observations of the Committee, including whether they will draw up and make accessible to the public the guidelines on the use of video-recording devices and records of using such devices, as suggested by the Committee; if not, of the reasons for that;
(b) when the Police introduced large canisters of pepper spray; of the justifications for the Police to introduce large canisters of pepper spray when they have already been equipped with small canisters of pepper spray; of the difference in the usage of large and small canisters of pepper spray, and whether the usage of large canisters of pepper spray includes dispersing crowds and controlling the boundaries for demonstration activities;
(c) whether large canisters of pepper spray are one of the standard pieces of equipment for front-line police officers; if so, when and why the Police have made such an arrangement; if not, of the ranks and units of the police officers who are equipped with large canisters of pepper spray, and the ranks of the police officers whose approval must be obtained before, and the circumstances under which, police officers are permitted to carry and use large canisters of pepper spray;
(d) whether police officers must have received additional and specific training before they may use large canisters of pepper spray; if so, of the current number of police officers who have received such training, and whether such training includes mastering the shortest safe distance at which the use of pepper spray will not cause harms to the targeted people; whether the suppliers of pepper spray have specified the shortest safe distances for spraying recommended for using large and small canisters of pepper spray, and the possible harms to the targeted people if such recommendations are not followed; if the suppliers have, of the details; if not, whether the Police have consulted the professionals in order to set the shortest safe distance for spraying pepper spray; if they have not, of the reasons for that and whether they will do so expeditiously;
(e) whether pepper spray is classified as "firearm" under the relevant law; whether police officers are currently required to record in their notebooks and report to their supervisors after using pepper spray; if they are required to make such records, whether the details to be recorded include the situations and reasons for using pepper spray as well as the number of times the pepper spray has been used; if they are not required to make such records, of the reasons for that, and whether such requirement will be made in future; and
(f) whether the Police had reviewed the existing guidelines on the use of pepper spray last year, if they had, of the conclusions of the review, including the recommendations made and the implementation of them?
Reply:
President,
Hong Kong citizens enjoy the rights and freedom of expression which are protected under the Basic Law and the Hong Kong Bill of Rights Ordinance. In exercising their freedom to express their views, participants of public meetings or processions should, under the premise of observing the Hong Kong law and without affecting public order, proceed in a peaceful and orderly manner. It is the operational policy of Police to strike a balance by facilitating all lawful and peaceful public meetings and processions on one hand and on the other hand minimising the impact of public meetings and processions on other members of public or road users, and to ensure public safety and public order.
(a) The Administration noted the views of the United Nations Human Rights Committee. The Police will continue to handle all public meetings and processions in a fair, just and impartial manner in accordance with the laws of Hong Kong.
Since 2006, the Police have been using hand-held video recording devices to record incidents with law and order implications, for both investigative and evidential purposes. The Police have clear and strict guidelines and procedures for handling the recorded information in order to ensure, inter alia, the safe custody, proper handling and timely destruction of captured footage. Footage with investigative or evidential value will be treated as case exhibits to be retained until the conclusion of the investigation and court proceedings, and shall then be destroyed. Footage carrying no investigative or evidential value or other legitimate use shall be deleted after 31 days from the date of production. If the footage is to be retained for more than 31 days, authorisation from a Senior Superintendent shall be obtained and such an authorisation shall be reviewed on a monthly basis by the authorising officer. The Police have uploaded the background, field trial and operation guidelines on the use of Body Worn Video Camera onto the police webpage for public inspection.
(b) to (d) When persons are involved or likely to become involved in violence or other behaviour likely to injure themselves or others, Police officers may need to use Oleoresin Capsicum (OC) foam to stop violent acts in a bid to restore public safety and public order. Safety regulations and guidelines on the use of OC foam are well in place. All frontline officers equipped with OC foam are required to undergo proper training to the effect that they have a clear understanding of the relevant safety guidelines. Officers have to ensure that the use of OC foam is in compliance with the principle of using minimum force.
OC foam in "large canisters" was introduced when the Police made preparations for the 2005 World Trade Organisation conference to respond to any possible large-scale confrontational situations.
OC foam in "large canisters" is not a standard equipment for front-line officers. Police officers shall obtain prior approval of the Police Tactical Unit's Commandant or Deputy Commandant before equipping themselves with OC foam in "large canisters" during operations. Officers using OC foam in "large canisters" shall receive relevant training before they are allowed to use it.
(e) Possession of OC foam is regulated under the Firearms and Ammunition Ordinance (Cap. 238).
Officers are required to record in their notebooks and report to their supervisors every time after using OC foam. Formation commanders or officers-in-charge of the Units will then submit an initial report to their major formation commanders, covering such information as case summary for examination. In addition, at the conclusion of the operation, police officers of Superintendent rank shall assess each instance of the use of OC foam to ensure that it was well justified.
(f) The Police conduct regular reviews of the guidelines on the use of OC foam to see if there is room for improvement in respect of training, use, orders and other procedural matters.
Ends/Wednesday, April 24, 2013
Issued at HKT 14:00
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