Hong Kong teenager arrested over protest was victim of police abuse of judicial proceedings, his lawyer claims after judge finds no need for care or protection order against him
- Judge turns down police plea after social welfare report mentions a care or protection order is “not necessary”
- Earlier, the judge refused similar police applications against three other youngsters
At Kowloon City Court, Magistrate Raymond Wong Kwok-fai adopted recommendations of the Social Welfare Department and ruled it was unnecessary to make the order against the 15-year-old boy, who cannot be named for legal reasons.
The boy, a Form Five student at a local secondary school, was supported by his principal and dozens of schoolmates who came to the court to pray for him before the hearing on Friday.
His lawyer Hectar Pun Hei SC told the court he had not committed any crime, nor did he resist police officers or attempt to escape when they intercepted him.
Although he was arrested alongside some 50 people, some of whom were charged with carrying lighters and even petrol bombs, Pun said police arrested the boy only because he wore a black shirt and had black masks and gloves in his rucksack.
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A police officer or a social worker authorised by the Director of Social Welfare can apply for a care or protection order at a juvenile court to protect a child who is classified by Section 34(2) of the Protection of Children and Juveniles Ordinance as one “who is beyond control, to the extent that harm may be caused to him or others”.
Quoting a social welfare report, Pun said the social worker who was in charge of the boy’s case commented he had “sufficient support from family and school” and was “by no means out of control”.
The report also described the teenager as “a responsible and positive student” with “all-round performance” in school, who had been “very cooperative, polite, frank and able to report progress with details” while maintaining contact with social workers following the court’s request.
Pun said the social worker concluded the report by saying a care or protection order was “not necessary”.
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The boy was charged with one count each of conspiracy to assault occasioning actual bodily harm, forgery of road traffic documents, driving without a licence and using a vehicle without third party insurance.
Additional reporting by Jasmine Siu