10 June 2017

Occupy Mongkok

It appears that Chu has a high chance of winning this case. Proving that he didn't act in "good faith" is quite difficult on the prosecution's part.

" ... 如該作為是真誠地作出,... 則該人無須就該作為負上支付損害賠償或其他方面的法律責任。 "

Section 46
(1)Whenever in this Ordinance it is provided that such force as may be necessary may be used for any purpose, the degree of force which may be so used shall not be greater than is reasonably necessary for that purpose.
(2)Nothing in this section shall derogate from the lawful right of any person to use force in the defence of person or property.
(3)Any person who uses such force as may be necessary for any purpose, in accordance with the provisions of this Ordinance, shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused injury or death to any person or damage to or loss of any property.

Section 53
Without prejudice to the provisions of section 46, no person acting in good faith under the provisions of this Ordinance shall be liable in damages or otherwise for any act done by him in pursuance or exercise of any obligation, duty or power imposed or conferred, or reasonably supposed to be imposed or conferred, on him by this Ordinance, if done in good faith, and done or purported to be done in the execution of his duty or for the public safety or for the defence of Hong Kong or for the enforcement of discipline or otherwise in the public interest, if such person be a person holding office under or employed in the service of the Government in any capacity, or be a member of the Chinese People’s Liberation Army, or be an officer or member of the Government Flying Service or a member of the Hong Kong Auxiliary Police Force acting as such or be a person acting under the authority of a person so holding office or so employed or such an officer or member.


http://www.scmp.com/news/hong-kong/law-crime/article/2097634/retired-hong-kong-policeman-occupy-assault-case-acted-good

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