港大生控警禁錮理據足 3人遭6警監視 困5呎丁方1小時 法律, 保安, 李克

Lik

http://news.mingpao.com/20110824/gaa1.htm

港大生控警禁錮理據足
3人遭6警監視 困5呎丁方1小時

【明報專訊】3名大學生於上周四國務院副總理李克強到訪港大時在校園示威，被警方強行推入一座教學樓的後樓梯，在梯間一處只有5呎半乘5呎的狹窄空間，被多名警員和港大保安「圍困」1小時，不准離開。其中一名港大學生李成康接受本報訪問時證實，已經尋求法律意見，相信警員行動已構成「非法禁錮」，考慮申請法援，刑事起訴警方或民事索償，並歡迎港大法律學院提供協助。

已尋法律意見 考慮申法援

獨立監察警方處理投訴委員會表示，對於警方處理國家領導人訪港的安排深表關注，監警會日前直接收到一宗來自新聞機構投訴，已轉介投訴警察課處理，以及交由嚴重投訴個案委員會跟進及審核。

當日協調學生示威的港大學生事務長周偉立昨開腔批評警方在港大的保安限制，將典禮場內師生與示威學生「撕裂」；警方則強調，3名學生因進入保安區，被警員移入後樓梯，然後交保安處理（見另稿）。

李克強上周四到港大陸佑堂出席百周年典禮，一批大學生在逾百米外示威，其中3人從梁銶琚樓底層後樓梯步出，打算會合戶外示威的學生，卻被警員和保安「圍困」（見圖）。



本報記者昨與涉及事件的3名學生，包括港大學生李成康、嶺大學生鄧建華和理大學生黃佳鑫回到現場「重組案情」。李成康憶述，當時他們試圖先後打開後樓梯兩道防煙門，步出底層泊有警車的停車道，逾10名警員隨即上前阻止。李成康稱向警員表示「希望通過太古橋，會合示威學生」，但遭對方拒絕。後來一名白衣警員指揮約10名警員「推」學生回去後梯，李成康當時高呼「天理何在」並被傳媒追訪，其間，鄧建華和黃佳鑫倒在後梯兩道防煙門之間，一名警員立即把門關上，阻止傳媒拍攝。

1小時後警指示﹕佢懐走得喇


港大生李成康（右）表示，上周四與理大生黃佳鑫（左）及嶺大生鄧建華，被警方推入後樓梯，困於兩道防煙門之間達1小時，3人正考慮是否申請法援，控告警方非法禁錮。

李成康稱，警員關門後，另一邊的防煙門亦有警員把守，6名警員走進兩道門間大約5呎乘5呎半、面積約27平方呎的狹窄空間，貼身監視3人。李成康說，3人被「禁錮」時，多次查問警員職位及被困原因，警員拒絕回覆。警員約20分鐘後撤出，由7名保安代替「包圍」工作。學生曾要求打開前門「轁氣」亦不得要領，在侷促的空間內被「禁錮」達1小時，直至門外警員向保安示意說「佢懐走得喇」，保安才帶領他們返回平台。

李成康證實昨晚就事件會見律師，律師指「表面證據也反映警員無理禁錮」。他透露會在數日內研究申請法援，刑事起訴警方或民事索償，歡迎港大法律學院協助。

立法會議員兼大律師陳淑莊說，警方在事發場地欠合理解釋拘留學生，令學生人身自由受侵害，或已構成非法禁錮，她鼓勵學生從法律途徑爭取公義。大律師陸偉雄指出，非法禁錮最基本原則是，當受害者意願是希望離開某一個環境，而企圖離開時受阻撓，阻撓除了是言語，也可是肢體動作，令受害者感到恐嚇。他說﹕「當警員向保安示意『佢懐走得喇』，可用作推論『即係之前唔走得』，亦有助學生們立論。」

明報記者 鄭穎瑩 蕭輝浩 錢瑋琪 周婷

rockypath

I didn't realize the students protested only 100 meters away from 陸佑堂. Was it true it was that closed?  Of course it will be way too closed to 核心保安區 la.  

I was surprised students were allowed to get that closed.

lo_pak

回復 2# rockypath

Just curious, how can you "justify" 100 meters is too close for protest? In HK, 100 meters can be couple blocks away already...

Lik

That was another batch of students protesting. You can say they are "too close" to 李克強, but that still leaves too many questions unanswered:

1) How do you define "too close", and exactly how large is this "core security zone"? The police gave no guidelines nor indication prior to or during the event. If you do not announce or at least coordinate with the protesters, how is anyone going to know? This "core security zone" would just become however big you say it is. For all I care, they police could simply define the entire HKU campus as core security zone without informing anyone at all. Either way, the outcome is still unacceptable.

2) Why should 李克強 be spared from any protests at all? GWB went through a nearly identical situation at Yale back in 2001, and he was assaulted by all sorts of protests at the ceremony hall.

3) The HKU + PolyU students were not 100m away from 陸佑堂, but that has no bearing on how the police has no right to unlawfully confine them in that tiny staircase room. Furthermore, let's not forget that the police knocked/pushed the student down onto the ground when the student has clearly done nothing other than verbal protests. Just since when can the police use physical force like that without getting their a$$ sued?

Don't try to steer the topic away. This is about the police committing an act of unlawful confinement as part of the extreme measures they have taken to clamp down on the freedom of speech.

-Lik

rockypath

I am not going to comment on whether the police’s actions were lawful. I am not a judge neither a lawyer. Let the judge to determine whether the actions were lawful.

“100 meter is too closed to the core security zone” is my own opinion based on:

1.        How easy it is to initiate an attack from that distance if an attack is successfully initiated (I am pretty confident that I can throw a grenade to that distance (plus the rolling distance of course ) );

2.        How serious the impacts of an attack can create if it is successfully launched;

3.        I experienced the tension of security enforcements in two meetings involving national leaders of different countries (I was in the outer security zone, and the core security zoon was certainly not 100 meters. Even every high place such buildings and towers  in the outer security zone was checked and secured 2 days before the meeting to ensure no attack can be launched from there). To protect the rights of ordinary citizens is certainly not their top priority.

Lik

And thus you avoided every single question of mine. Good job~

rockypath

I have no intention to answer your questions and I just shared my opinions.

However, I believed I had answered your questions directly or indirectly depending on how you want to interpret what I said.

Lik

rockypath

可圈可點之處就是 － “可能”違法。I believe he knows what he is saying and it is mainly a tactic to deal with the pressure (this is just my opinion and not necessary the fact).

If the students decide to sue the government, good luck. Sorry to say - "I am expecting the students to lose the case".

Well, there are laws counter each other. For example, you certainly have the ownership to your property and the law protect your belongs. However, the government can take away your property without any compensation under some specific conditions and its authority is granted by the law as well (and you had done nothing wrong on your side).

I am expecting you to provide financial support to the students if they decide to sue the government. Will you?

lo_pak

回復 5# rockypath

Mr. Rock - Are you serious you can throw a gernade 100m without using a launcher? FYI - a "trained" soldier can "normally" hand throw a gernade in the range of 40m-50m.

In addition, it's "difficult" to transport illegal weapons to HK (pistols may be, but certainly not others)... I believe the attack is very likely initiated by the PLA since they are the easiest group that can have such chance...

P.S. - Have you watched movies or played counterstrike too much these days... If you are confident you can throw the gernade to hit a 100m target within the gernade attack zone, I would think you are a member of Snow Leopard...