Chater Garden Incident

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Chater Garden Incident

• A review on Police Force Ordinance
• By Doris Leung

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Rundown of Presentation

• Where is Chater Garden?
• What Happened there?
• Why Controversial?
• Police Force Ordinance?
• The Implication to Journalists?
• The Latest Development?

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Where is Chater Garden?

• Between Des Voeux Road Central and Chater Road,
  Central
• Adjacent to Legislative Council Building
• Large public area for assembly or gathering

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What Happened on April 24?

• 200 right of abode claimants gathered at Chater
  Garden
• Blocked the driveway of the Legislative Council
  building
• Trapped the Secretary for Security, Mrs Regina
  Ip, in her car

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What Happened on April 25?

• Chief Executive Tung Chee-hwa said the police
  would take further action
• Hundreds of police gathered behind the Central
  Government Offices at 2 pm

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April 25 3 p.m.

• About 300 policemen, together with a special
  squad from the Immigration Department marched
  into Chater Garden
• Police blocked all exits

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Journalist VS Police

• We will clear the whole garden and police
  officers will check your ID card.
• About 50 to 60 reporters were at the garden.
• Police were going to set up designated press
  area.
• Most reporters stayed where they were.
• Get all the reporters out of the way.

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Ming Pao--Chan Chi Wai

• refused to go to the press area
• eyeglasses fell into the ground when being
  manhandled to the press area

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Ming Pao--Fung Shao Wing

• being pushed , shoved and grabbed
• refused to leave the scene
• was handcuffed and taken from prohibited area
  to a custody area

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Cable TV--Putt Kwong Lai

• saw a reporter fall onto the ground
• stopped to film but was stopped by police
• couldnt show press card
• was handcuffed and released after 15 mins

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TV Footage of Chater Garden Incident

• Hong Kong Community Net
• May 14

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Why Controversial?

• Setting up the Designated Press Area
• Police human wall in front of the press area
• Reporters already inside could only get out

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Why Controversial?

• Handcuffing the reporters after several warnings
  made in vain
• Because reporters were emotionally unstable ?

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Journalist VS Police

• Fung Shao Wing argued over his right to gather
  news
• Putt Kwong Lai disagreed emotionally unstable,
  just wanted to take pictures, not clash with
  police
• Chief Superintendent Wong Pat Lin I understand
  reporters have a job to do. But when they affect
  our work, I have no choice. We freed them after
  they have calmed down.

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Follow-up Action

• Ming Pao
• Cable TV
• HK Federation of Journalists
• HK Journalists Association
• HK News Executives Association
• HK Press Photographers Association

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On April 26

• Issued statements condemning the polices
  inappropriate use of handcuffs on reporters
• Demanded an explanation
• Requested to meet the Commissioner of Police
  Tsang Yam Pui
• Putt Kwong Lai lodged a complaint with the
  Complaint Against Police Office (CAPO)

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On April 27

• Tsang Yam Pui met the representatives
• Declined to discuss details as the case was being
  handled by CAPO
• Stressed that this was an isolated incident, not
  an example of poor relations between police and
  the media

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Police Force Ordinance

• Section 10 Duties of police force
• The duties of the police force shall be to take
  lawful measures for-
• (a) preserving the public peace
• (b) preventing and detecting crimes and offences

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Police Force Ordinance

• (c) preventing injury to life and property
• (d) apprehending all persons whom it is lawful to
  apprehend and for whose apprehension sufficient
  grounds exists

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Police Force Ordinance

• (e) regulating processions and assemblies in
  public places or places of public resort
• (f) controlling traffic upon public thoroughfares
  and removing obstructions therefrom

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Police Force Ordinance

• (g) preserving order in public places and places
  of public resort, at public meetings and in
  assemblies for public amusements, for which
  purpose any police officer on duty shall have
  free admission to all such places and meetings
  and assemblies while open to any of the public
• (h) - (r)

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Contradictions with police internal guildlines?

• Force Procedures Manual (Ch 39-06)
• Photographers and TV cameramen in particular
  should be given an opportunity to have vantage
  points
• They have the right to take photographs or TV
  footage in a public place

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Force Procedures Manaul

• The office-in-charge of an incident should
  consider the provision of an outer-cordon which
  restricts the general public and of an inner
  cordon or an area which gives advantage to
  members of the media and their photographers.
• This will result in more positive reporting and
  reduce friction with media representatives.

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The Implications to Journalists?

• Dr. Yan Mei Nings Report

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Dr.Yan Mei Ning

• An assistant professor of Journalism at Hong Kong
  Baptist University
• Drafted the report after the incident
• Focusing on the legal aspects of the police
  actions and the impact on the promotion and
  protection of media freedom in Hong Kong

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Dr. Yan Mei Nings Report

• Force Procedures Manual were not closely
  followed in the setting up of the designated
  press area.Nor did the designated press area
  facilitate any press coverage.
• Instead, it certainly hindered and even
  prevented the reporting of the police operation
  there.

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Dr. Yan Mei Nings Report

• confining journalists to a designated press area
  on that occasion, creating an inhibiting effect
  on newsgathering, cannot be regarded as a
  justified restriction under Article 19 (3).
• Article 19 (3) refers to the International
  Convenant on Civil and Political Rights (ICCPR)

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Dr. Yan Mei Nings Report

• setting up exclusion zones or designated press
  areas cannot measure up to well recognised
  international human rights standards in striking
  a delicate between the right to freedom of
  expression and the necessity of preserving public
  order.

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Specific use of Handcuffs

• Police refrained from commenting
• Pending an investigation by CAPO
• Police General Orders (Ch 29-09)
• 1. Ensure the security and control of a person
  whom he has reason to believe is likely to escape
• 2. To protect himself or another person from any
  injury

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The Latest Development

• CAPO the investigation has not yet finished
• Putt Kwong Lai the police has not yet contacted
  him after complaining
• The Journalist Association there are no changes
  on the Police Force Ordinance after the incident

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THE END

• Thank You for your attention!