Demosisto secretary-general Joshua Wong Chi-fung has lost his bid to seek compensation from the Correctional Services Department, and has to pay the government HK$221.50 in legal fees.
He was seeking HK$16,000 at the Small Claims Tribunal over the allegation that three officers humiliated him when he was in jail.
Wong claimed he was told to squat while naked when answering irrelevant questions from officers at Tung Tau Correctional Institution in October 2017.
In the tribunal yesterday, deputy adjudicator Percy Yue Pui-sze said Wong failed to provide enough details of the humiliation he claimed to have endured and thus deemed his testimony as inconsistent.
Wong said he squatted twice in the claim form submitted to the tribunal, but later said he squatted three times during a hearing, Yue said.
Wong also said he was asked extra questions that were not listed on the official registration form of newly transferred inmates, but he could only remember one question about his political affiliation, she added.
The three experienced officers, on the other hand, insisted that Wong squatted twice and were able to recall the entire examination procedure, she said.
In addition, Wong complained about ill-treatment in prison, but he also said the officers' attitude and tone when speaking were acceptable.
Yue also said there was no evidence to prove Wong was subjected to any violence.
The Department of Justice demanded compensation of HK$11,375 in legal fees in return.
Most of that pertains to the salaries of the witnesses and employees from the two departments.
Yue said officers have a duty to give testimony and attend the hearings, and thus decided to only make Wong pay the transportation fee and expenditure on copying documents.
Outside the court, Wong said he will consider filing an appeal after consulting his lawyers.
"The crux of the case lies in the fact that there was no CCTV in the room. Or else there would be video for evidence," he said.
He questioned the department's ambition for smart prisons, asking why it plans to install surveillance cameras in the toilets and canteens, but not in the security rooms and blind spots.
"If they can install cameras to monitor the toilets, why can't they put one in the working rooms of the officers?" he said. "I hope to bring the public's attention to prisoners' conditions with my case. The lawsuit is just the beginning to break the 'black box.'"
Social welfare sector lawmaker Bottle Shiu Ka-chun released a statement in support of Wong, and criticized the department.
The new measures of the smart prison scheme tightens its grip on prisoners, but neglects the importance of protecting them, Shiu's statement said.
"Abuse of power usually happens in security and finger-printing rooms and blind spots of the cells," he said. "Wong's case has proven the uncomprehensive smart prison scheme is unable to restore the reality of officers' abuses of power."
