Teenager With laser pen convicted of "possession of offensive weapons” After the Judge changed the Charge

A 15-year-old boy having carried a laser pen with him is convicted after the magistrate replaced the original charge with a more serious one: He is originally accused of possessing "any instrument fit for unlawful purposes, with intent to use the same for unlawful purposes” (Cap. 228) and now convicted of "possession of offensive weapons”.

The ruling has shocked many: Lawmaker and lawyer James TO Kun-sun is worried about the consequence of the case in furthering police abuse of power.

The magistrate ruled the case considering the defendant’s possible intention to point laser pen at policemen or others. James TO indicated that it is unreasonable of the court to deduce the defendant’s intent just by the possession of objects like helmets and gloves.

Source: The Stand News, Nov 7 http://bit.ly/32oHWnl

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Hong Kong Government: Police can enter any private premises without owner's approval

Secretary for Security John Lee Ka-chiu said there is no lawless frontier in Hong Kong . The police are allowed to enter any private premises, without the need to obtain the owner's approval, when they have to make arrest or in case of illegal activities. Lee also said, the request to ban police from applying lethal weapon in malls or residential areas is impossible and also unreasonable; the police only use force when it is necessary.

Source: RTHK News #Nov20

[ Editor's note:
According to section 50(7) of the Police Force Ordinance, the police can only enter and search any premises if they believe that the person to be arrested is in the premises. Otherwise, a warrant issued by a Magistrate or an approval of the owner or occupant is required to enter the premises.

Reference: Community Legal Information Centre https://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q6.shtml]

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