Some justice at last..

Businessman wins compensation for unlawful arrest nine years ago
Yvonne Tsui
Apr 01, 2009     


A businessman was awarded HK$25,000 in compensation yesterday for not being sufficiently informed of the alleged offence when he was arrested by a police officer nine years ago.

Leung Kwok-hung, who formerly ran a limousine service business, won the compensation from the government in the Court of First Instance. But Mr Justice Johnson Lam Man-hon rejected Mr Leung's other claims for a total of more than HK$1 million in damages sought over the arrest made in 2000.

The judge found Mr Leung's arrest by the police officer on June 1, 2000, at the Lo Wu checkpoint was unlawful.

He ruled that the arresting officer had not provided sufficient information to Mr Leung as to the reasons for the arrest, which infringed on Mr Leung's civil rights.

Mr Leung had only been informed that he was being arrested in relation to a case of using a false document and was told the case number was registered at the then Central Police Station.

The judge said such "legal information" was insufficient because the case number was meaningless to Mr Leung and the police officer did not tell Mr Leung the relevant offence date or venue, or the nature of the alleged document, which were the factual grounds for the arrest.

In his claim, Mr Leung accused the police of abuse of power and unlawful imprisonment. However the judge rejected his claims on those grounds, finding that Mr Leung was properly informed and cautioned when he attended an interview at the police station.

The judge ruled that the arrest was lawfully made at the police station.

Mr Leung also complained it was a malicious prosecution and excessive force had been used by police when officers handcuffed him during the time he was escorted from the immigration checkpoint to the police station. However, the judge also rejected those claims.

Democratic Party chairman and lawmaker Albert Ho Chun-yan said the judgment would encourage people to bring litigation against the misuse of police power.