Customs officer arrested after trying to stop fleeing motorcyclist: sources

Sources said the Customs officer involved in an attempt to stop a fleeing motorcyclist in Kowloon Bay last week -- an accident that culminated in a crash resulting in the motorcyclist's death -- has been arrested on charges of tampering with motor vehicles.

The fatal accident happened last Friday (Jan 3), where a 27-year-old biker took off after a traffic police officer signaled him to stop for an inspection. 

A 40-year-old off-duty Customs officer tried to intervene by blocking the motorbike during its escape near Wang Kee Street, which resulted in the biker losing control of the motorcycle and ramming into a roadside iron pole.

The biker was later pronounced dead at the scene, and the Customs officer suffered minor injuries. Investigations revealed the motorcycle's vehicle licence and insurance were expired.

It was learned that the officer was arrested over tampering with motor vehicles on the same day of the accident. He has been released on bail pending further investigation.

Police are seeking advice from the Department of Justice on instigating prosecution against the officer, the sources added.

Lawmaker and solicitor Doreen Kong Yuk-foon said Monday that good citizens who helped the police combat crime might still have a chance to be inadvertently entangled in legal disputes.

When questioned about the possibility of whether the Customs officer will be charged with manslaughter, Kong said there is a chance and noted that it does not necessarily require intent and can be based on criminal negligence or a disregard for the safety of others.

She highlighted that even if the accident does not qualify as manslaughter, it could still involve lesser offenses such as tampering with motor vehicles. The offender could face a fine at level 2 and up to 12 months in prison.

Kong pointed out that the law clearly stated citizens must have reasonable doubt that the suspect has committed an "arrestable offense" punishable by more than 12 months in prison before exercising "the power of citizens to arrest."

Regarding the offenses committed by the biker, Kong noted that driving without a license could result in a HK$5,000 fine and three months in prison. Additionally, if the biker had an invalid license plate or failed to stop when instructed by traffic police, the penalties would only include a fine at level 1, which is HK$2,000, and a maximum of three months in prison.

Kong concluded by stating that since these offenses do not qualify as arrestable offenses warranting more than 12 months of imprisonment, citizens who exercise "the power of citizens to arrest" also risk violating the law.

(Updated at 4.46 pm)