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Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by Hon Wong Yuk-man in the Legislative Council today (July 9):
Question:
On March 17 this year, the Police issued to their officers the Guidelines for handling abusive behaviour by members of the public (the Guidelines). The Guidelines are applicable during the discharge of daily duties by police officers such as responding to requests for assistance from the public, conducting stop and search as well as taking traffic enforcement actions, etc. but not applicable during their handling of public order events. In explaining the background leading to the formulation of the Guidelines, the authorities pointed out that in the course of performing their duties, police officers might encounter individuals acting in an abusive, rude or uncooperative manner in an attempt to impede their discharge of duties or to humiliate them, and the Guidelines served to help police officers handle such situations effectively and standardise the principles and practices for tackling similar scenarios within the Police Force. In this connection, will the Government inform this Council:
(1) as the Police have indicated that under certain circumstances, police officers may need to take enforcement actions if the person acting in an abusive manner has committed or is about to commit an offence, whether the enforcement actions concerned refer to the arrest and prosecution actions taken under section 23 (Resisting or obstructing a public officer or other person lawfully engaged in a public duty) of the Summary Offences Ordinance (Cap. 228);
(2) whether the Police have studied the circumstances under which members of the public acting in an abusive, rude or uncooperative manner towards police officers will impede their discharge of duties; if they have, of the outcome; and
(3) whether, before formulating the Guidelines, the Police have studied how individual police officers being humiliated by the abusive acts of members of the public will affect the image of the Police Force; if they have, of the outcome; whether they have set quantifiable indicators to assess the impact of the police image on the efficiency of law enforcement by police officers; if they have, of the details; given that an incident of some members of the public querying police enforcement actions occurred in Sai Yeung Choi Street South, Mongkok, in August last year, whether the Guidelines are applicable to the handling of similar situations?
Reply:
President,
Police officers have been discharging their duties in accordance with the law in a professional manner to safeguard the life and property of the public, uphold the rule of law and maintain public safety and order in Hong Kong. They should be respected by members of the public. However, in the course of their duties, police officers may encounter individuals acting in an abusive, rude or uncooperative manner in an attempt to impede their discharge of duties. To assist police officers in their effective handling of such a situation, and to standardise the principles and practices for tackling similar scenarios within the Force, the Force have issued a set of internal guidelines for handling abusive behaviour by members of the public to police officers to help frontline officers to respond to such incidents in a professional manner with an impartial attitude and effective communication skills, so as to ensure that professional and quality services are delivered to the public.
My reply to Hon Wong Yuk-man's question is as follows:
(1) and (2) Police officers will exercise their professional judgment with respect to the circumstances of each case, and appropriately handle and respond to each case in the light of the subject's behaviour and the nature of the report/complaint. The guidelines serve to remind police officers that in their discharge of duties they should remain restrained and patient in the face of abusive or uncooperative behaviour by members of the public. Where appropriate, police officers shall diffuse the situation and pay attention to their own speech and body language to prevent the situation from worsening further.
Abusive behaviour towards police officers does not constitute an offence under existing legislation. If no offence is committed or likely to be committed by the subject while he is acting in an abusive manner, and there is no longer any constabulary purpose to be served in remaining at the scene, the officer will leave the scene and resume his duties, for example patrols, after finishing his tasks on the spot, ensuring that all reasonable actions have been taken and explaining the reasons for the police action.
Under certain circumstances, police officers may need to take enforcement actions if the subject has committed or is about to commit an offence. Advice or warning may be given where appropriate, and appropriate actions may be considered if the subject continues with an action that may constitute an offence. Having regard to the subject's offence that has been committed, police officers may, in the light of the circumstances, take arrest actions in accordance with the relevant laws.
Appropriate enforcement actions may only be taken by a police officer if he reasonably believes that an offence has been committed. The Police, when pressing charges in relation to a case, have to furnish sufficient evidence to the court and, where necessary, seek advice from the Department of Justice. There is no difference in terms of the enforcement actions taken by the Police in other scenarios.
(3) The guidelines are formulated on the basis of existing legal framework without enacting any new offences. Such guidelines are drawn up primarily to assist officers in discharging their daily duties, such as responding to requests for assistance from the public, conducting stop and search and taking traffic enforcement actions. The guidelines are not applicable to the Police's handling of public order events (POEs). As POEs are of a unique nature, the Police will formulate contingency plans and overall strategies for such events having taken into account complicated considerations, (such as locations, routes, number of participants, arrangements and nature of the events, traffic conditions and manpower on the spot etc.). Police officers will handle POEs in accordance with the related procedures. Given that the handling of POEs involves the various considerations as mentioned above, the situation on spot and the nature of the incident, the field commander who is present at the scene is required to decide on the appropriate contingency measures and related actions.
The Police understand that public support and co-operation are of paramount importance to the effective discharge of duties by police officers. The promulgation of the guidelines for handling abusive behaviour by members of the public towards police is part of the Police's commitment to enhancing officers' professionalism and ensuring the quality service of the Force. On-going efforts will be made by the Police to serve the public in a professional manner.
Ends/Wednesday, July 9, 2014
Issued at HKT 15:29
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