Police to review which law to prosecute officer assault cases under

The police force will reconsider how they charge suspects accused of assaulting police officers, in light of the case of Amina Bokhary.

Xavier Tang Kam-moon (pictured), police director of crime and security, said the force would consider giving more guidelines to officers after talking to the Department of Justice.

Hong Kong has two laws against assault on police officers, each with a different maximum sentence. An offence under the Police Ordinance carries a maximum penalty of six months of imprisonment and a fine of HK$5,000, while a charge under the Offences Against the Person Ordinance has a maximum penalty of two years in prison. Police charged Amina Mariam Bokhary under the Police Ordinance, triggering doubts by rights groups over the use of the two charges.

Speaking on an RTHK programme yesterday, Tang admitted that police had not sought an opinion from the Department of Justice before deciding on the charge in this case.

'This case is rather simple. Similar cases happen every day. If we go to the Department of Justice to ask for instruction on every one of these cases, the department may not have enough manpower.' He said the force would consult the department before laying a charge in complex cases and those likely to be heard by the District Court or the Court of First Instance.

Tang said police would consider factors including the offender's motive, the circumstances under which the offence was committed, whether any weapon was used and the condition of the injured officer when deciding which ordinance to cite in each case. Officers were trained in which law to use under what circumstances.