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Activist Ken Tsang outside the court yesterday. Photo: David Wong

Hong Kong police must name assault suspects, Civic Party activist tells court

THOAMS CHAN

A Civic Party activist urged police to disclose the identities of seven officers who allegedly assaulted him in October and criticised the force for delaying the prosecution, a court heard yesterday.

The activist, Ken Tsang Kin-chiu, argued it was his right to know who was arrested in the case.

"The commissioner of police has a duty to provide the victim the identities of the officers arrested for criminal behaviour against the victim," said his lawyer, barrister Gerard McCoy SC, in the Court of First Instance.

The social worker is seeking permission for a judicial review requiring the disclosure of the officers' identities, which would then be used for a private prosecution against the officers.

McCoy also argued that if a police officer was beaten up by seven protesters, it would be impossible for them not to face justice after six months.

Tsang is the person depicted in video footage circulating widely on the internet and in local and international media being assaulted by a group of people, believed to be officers, near Tamar Park in Admiralty in the early hours of October 15 during last year's Occupy protests.

The court also heard that some of the suspects refused to stand in an informal identity parade in January. McCoy said that two of the seven officers "refused to open their eyes … and refused to stand up" in a "direct confrontation" with Tsang.

Barrister Johnny Mok Shu-luen SC, representing the police, said Tsang's case was a private issue that should never have been brought before an administrative court dealing with public law issues, "even though some public officers are involved and some public law issues are involved". He said he thought Tsang's case would eventually go to the civil court.

He added that the footage was taken at a very far distance and people could only see "dark figures doing something".

The judge, Mr Justice Thomas Au Hing-cheung, reserved his ruling to a later date.

Outside court, Tsang said: "We feel extremely angry and upset about the delay [of the prosecution]. The Department of Justice and police have been trying to delay the case."

Tsang said he would prefer public prosecution of the seven officers instead of a civil case. "We're looking for justice - which cannot be compensated by civil actions," he added.

This article appeared in the South China Morning Post print edition as: Police must name assault suspects, activist tells trial
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