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High Court ruled Police’s failure to display unique identification number breaches Hong Kong Bill of Rights

The Court of First Instance laid down judgment today in favour of the Applicants and ruled that the failure of the Commissioner to require police officers to display their unique identification numbers and the failure of the Government to put in place an adequate system to investigate potential cases of breach of Bill of Rights Article 3 by police officers.

The Court then made the following declarations:

“The failure of the Commissioner to establish and maintain an effective system to ensure that every police officer deployed in carrying out non-covert duties in Operation TIDERIDER wears and prominently displays an identification number or mark which is unique to that officer violates Article 3 of the Hong Kong Bill of Rights”

The Government of the HKSAR is under a duty, pursuant to Article 3 of the Hong Kong Bill of Rights, to establish and maintain an independent mechanism capable of conducting effective investigation into complaints of suspected ill-treatment by police officers in contravention of Article 3 of the Hong Kong Bill of Rights, and that the existing complaints mechanism involving the Complaints Against the Police Office, with oversight by the Independent Police Complaints Council, is inadequate to discharge this obligation.” 

Ho Tse Wai & Partners represents the Applicants in HCAL 1747 & 2671/2019 and HCAL 1753/2019

Judgment available at: https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=131964&currpage=T

Case Citation: [2020] HKCFI 2882

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