Since the street protests against proposals to allow extradition to mainland China began in June, more than 1,500 people have been arrested, however, Ping-Fat Sze, co-ordinator of a justice campaign and an NLJ author, says there is a ‘dearth of expertise’ in this area and few Hong Kong lawyers who would act as private prosecutors (see Dr Ping-Fat's NLJ articles, 'International justice: a matter of grave concern, Pt 1' and 'Pt 2').
Sze said many of the arrestees were found to have injuries such as bone fractures and severe bleeding after being detained. The Extradition Bill was withdrawn this month but protesters have continued their action. Their demands include amnesty for arrested protesters and an independent inquiry into alleged police brutality.
Both the Law Society and the Bar Council have called for a commission of inquiry to be appointed pursuant to the Commissions of Inquiry Ordinance. However, Sze said it would be preferable if police violence were to be reported to the police and, if the Department of Justice then declined to proceed, that private prosecutions should be initiated.
‘It is trite to say that a commission of inquiry does not serve the function and purpose of a civil lawsuit or a criminal proceeding and, wherever feasible, a criminal prosecution is preferred as a much more effective response to the institutionalized problem of abuse or misuse of police power to which, sadly, the legal profession as a whole, and for that matter, some members of the judiciary (especially those sitting in the inferior courts) have persistently turned a blind eye, so as not to embarrass the administration,’ Sze said.
‘In view of the present political climate, however, it is very doubtful if the Department of Justice is prepared to act on criminal complaints lodged with the police (as opposed to the Complaints Against Police Office which handles disciplinary matters) against police officers. In England and other developed common law jurisdictions, private prosecutions are not uncommon. Unfortunately, there is a dearth of local expertise in this area of criminal practice.
‘As co-ordinator for this open appeal, I should be most obliged, therefore, if there would be practitioners willing to assist their frustrated colleagues in Hong Kong by offering appropriate advice on various aspects of these proceedings.’
Sze may be contacted at drpfsze@netvigator.com
