Police failing to show distinctive identification breaches Bill of Rights

Hong Kong's High Court ruled today that police officers failing to display their unique identification is a breach of the Hong Kong Bill of Rights.

The Hong Kong Journalists Association and few other citizens filed a judicial review previously over police officers failing to wear distinctive identification numbers when carrying out non-covert duties in public order events.

Judge Anderson Chow Ka-ming agreed that the current practice of the Commissioner requiring police officers to wear their identification when deployed in Operation “TIDERIDER” fails to meet the standard of effectiveness of investigation required under the Hong Kong Bill of Rights.

“The need for them to visibly display some form of distinctive insignia assumes particular importance so that victims could make effective complaints of police ill-treatment and take legal actions against the officers involved,” said Chow.

Operation “TIDERIDER” refers to all police operations against protesters since June 9 last year.

The court also ruled that the current two-tier mechanism for handling complaints against the force in Hong Kong fails to meet the requirement of independent investigation under the Bill.

All complaints against police officers are handled by the Complaints Against Police Office, and will be reviewed by the Independent Police Complaints Council.

"CAPO cannot, in my view, be regarded as practically independent of the force," the judge remarked, saying it comprises career officers who would return to serve in other departments of the force after working a few years at the complaints section, RTHK reported.

Chow also said the IPCC lacks the necessary investigative powers of its own, and that it cannot overturn CAPO decisions.

Any independent investigation, he added, should be capable of identifying police officers suspected of using unreasonable force or other forms of ill-treatment.-RTHK/The Standard