Since the past three months, societal situation of Hong Kong Special Administrative Region (HKSAR) has dramatically worsened as legal protests, demonstrations and assemblies had turned into tragedies. The communist-party-controlled HKSAR government under the leadership of Ms. Carrie Lam Cheng Yuet-ngor has, the first time in history, demonstrated totalitarianism towards anti-government voices. Current HKSAR government and the local Hong Kong Police Force, has been repeatedly violating ‘The Geneva Convention’, ‘International Humanitarian Law’ and other conventions/treaties in many incidents over the course of these three months since 12th June 2019, and situations are becoming uncontrollable as more cases of police violence emerge and local triad gang attacks against protestors are ignored.
I, ( full name ), as a permanent citizen of Hong Kong, have no any other options but writing this email jointly with other stakes of Hong Kong, to ask the world for a fair trial to account for the violation of international conventions by the Hong Kong Police Force (HKPF), whose actions have continually being supported by Ms. Carrie Lam Cheng Yuet-ngor, Chief Executive of HKSAR government, and other related high officials.
This series of protests in Hong Kong started from a controversial amendment bill of ‘Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation’. Lacking a general consent from the public, different sectors and stakeholders of Hong Kong, the HKSAR government attempted to force pass this bill through the 2nd reading in the Legislative Council (LEGCO) of HKSAR, in which pro-Beijing DAB party has taken majority of the seats. The general public has therefore organized series of legal and mainly peaceful demonstrations, protests, assemblies and strike within these months to request a complete withdrawal of the bill.
However, during these largely legal protests, incidence of police violence against peaceful protestors has been widely reported by media, and some are already verified by the Amnesty International. Yet, hitherto no legal actions have the HKSAR government took place to prevent similar incidents from reoccurring. To make circumstances even worse, Ms Carrie Lam has stated clearly that she ‘would not betray the Hong Kong Police Force’ in a public press conference.
In the face of totalitarianism and police brutality, not only those peaceful protestors are threatened, many innocent lives of Hong Kong citizens that have not involved in any part of the protests are also suffering in life-threatening situations. Dear U.N., E.U., P.C.A.-C.P.A., I.C.R.C., Interpol., international organizations, governments across borders and continents, and international media, Hong Kong citizens urgently need your help. Please take any appropriate actions wherever possible to immediately intervene, halt, convict, monitor, and trial the actions of our violent ‘police force’. The followings conclude the crimes of police violence by HKPF.
MayJustice2019-08-12 17:01:52
(1) Unlawful use of riot control non-lethal kinetic projectiles.
Verified by Amnesty International, the Hong Kong Police Force (HKPF) Special Tactical Squad has attacked a peaceful protestor with rubber bullet aiming at head in 12th June 2019, causing severe injury of the eye, and most likely permanent disability of the protestor as examined by medical doctor. Incidents has been reported by medias that HKPF units shot tear gas rounds towards crowds from elevated positions, of which several rounds are shot atop of a building (Lippo Centre (Hong Kong), Admiralty), that is more than 100-metre-tall, during a protest near Lippo Centre in 5th August 2019. Tear gas rounds fell towards the crowd with a large momentum, and could cause severe head injuries or even death. Another incident just occurred in the evening of 11th August 2019, in which a peaceful female protestor got shot in her right eye by some form of non-metal jacket bullet, causing severe bleeding. Latest information from on-site medical doctor has confirmed a permanent damage and total blindness of her right eye.
According to Section 8.5 ‘Kinetic Impact Projectiles’ of the ‘Geneva Guidelines on Less-Lethal Weapons and Related Equipment in Law Enforcement’ (1 October 2018), Article 8.5.3 has stated clearly of the specific risk that ‘Targeting the face or head may result in skull fracture, damage to the eyes, including permanent blindness, and even death.’. Article 8.5.7 in the Subsection of ‘Unlawful Use’ under Section 8.5, has stated that ‘Kinetic impact projectiles should not be targeted against the head.’ Above incidents of unlawful use of tear gas by the HKPF obviously violated Article 8.5.7, causing unnecessary injuries and potential lethal threats to crowd of largely peaceful protestors.
MayJustice2019-08-12 17:02:03
(2) Unlawful use of excessive and expired toxic chemical agents against crowd.
The HKPF is launching a chemical warfare towards under-protected protestors with expired tear gas. Until present, the HKPF has shot over 1,800 tear gas grenades and bullets over these months. Tear gas rounds, as a non-lethal crowd/riot control measure, were misused in confounded spaces and locations with no clear escape route. As verified by Amnesty International, HKPF unit shot tear gas towards cornered protestors on 12th June 2019, near CITIC Tower, Admiralty. Protestors fled inside the building while tear gas rounds were fired at the same time, causing a high risk of stampede. With no evacuation exits in CITIC TOWER, protestors were trapped inside the building with tear gas, posting a severe life-threatening situation as protestors could possibly suffocate. Two similar cases just occurred in 11th August 2019 near Kwai Chung and Tai Koo, as HKPF launched tear gas round indoors in local MTR train stations. The train stations were a confined area upholding crowds of protestors at the time of the incident. Dense tear gas smoke trapped protestors inside the stations, a room full of toxic gases, and there is no apparent escape route available.
According to Section 8.3 ‘Chemical Irritants Dispersed at a Distance (Tear Gas)’ of the ‘Geneva Guidelines on Less-Lethal Weapons and Related Equipment in Law Enforcement’ (1 October 2018), Article 8.3.3 has stated clearly the risk of using tear gas in confined area, that ‘A stampede may result when irritants are used against a crowd in enclosed areas, such as a football stadium. In such cases, the consequences may be lethal. Using chemical irritants in closed spaces has multiple risks, including high levels of exposure, leading to injury and death. Pyrotechnic irritants may result in death as a result of fire generated by the round burning near combustible material.’ Article 8.3.7 in the Subsection of ‘Unlawful Use’ under Section 8.3 have stated that ‘In general, chemical irritants should not be used in confined spaces’. Incidents described in previous paragraph is an apparent violation of Article 8.3.7 by the HKPF.
Photos circulated online shows that some tear gas rounds are likely to have passed the manufacturer’s expiry date for years. Although no particular researches have made comparison of the toxicity and potential hazards between expired and non-expired tear gas. There are multiple reports of coughing blood and skin rashes after tear gas exposure.
Article 8.3.5 stated that ‘In high doses, it can cause necrosis of the tissue in the respiratory tract and the digestive system, pulmonary oedema, and internal bleeding.’ Reports of blood cough suggests an extreme high dose of tear gas exposure in a single protest, representing an excessive usage of tear gas by the HKPF, so that immediate symptoms such as internal bleeding is resulted.
MayJustice2019-08-12 17:02:17
(3) Excessive use of force on protestors and subdued individuals.
Police batons were used extensively and excessively in these three months by HKPF during chase-and-arrest. As verified by Amnesty International, a video filmed on 12th June 2019 have clearly shown that more than 10 HKPF Special Tactical Squad officers, all armed with police batons, engaged an unarmed individual that did not, or had no intention physically to post threating violence towards these officers. However, the individual was still forced to be subdued, and subsequent excessive batons strikes were exerted on the individual by the group of brutal officers. Similar incidents happened across the course of these three months in all protests, circulating videos online have shown excessive use of police batons on subdued protestors, and incidents of baton strikes targeting head and back were reported extensively.
To further extent, other footages filmed by media have seen illegal lynch actions by the HKPF officers, including beatings and kicking towards the head and body of subdued-on-ground individuals and protestors.
According to the Section 8.1 ‘Police Batons’ of the ‘Geneva Guidelines on Less-Lethal Weapons and Related Equipment in Law Enforcement’ (1 October 2018), Article 8.1.4 stated the specific risk of ‘baton strikes to sensitive areas of the body, such as the head, neck and throat, spine, kidneys, and abdomen’, and that these strikes should be avoided. Excessive force of HKPF using police batons reflect their complete ignorance of Article 8.1.4.
MayJustice2019-08-12 17:02:39
(4) Unlawful and inhuman use of chemical agents and brutal forces against peaceful, neutral, and innocent civilians and lives.
Extending from point (2) and point (3) as written above, chemical agents such as tear gas, and excessive force of police batons, were unlawfully used against civilians. Although protests, assemblies, demonstrations and strikes in these three months were participated by large crowd of Hong Kong citizens, there are civilians who have not taken in any part of the conflicts and protests. However, police brutality was also exerted on these peaceful and neutral citizens.
On 27th July 2019, an incident of tear gas rounds was shot towards a nearby elderly caretaking home in Yuen Long. Although windows were closed, tear gas were reported to enter indoors through operating air-conditioning ventilation unit. Elderly home was centred in the middle of the conflict. Elderly and staffs had no possible escape route away from the conflict, and was trapped inside the building with irritating tear gas. Another incident on 28th July 2019 reported tear gas round launched near to heavily residential area, affecting every innocent individuals, children and animals inside these residential housings. Other footages and incidents have reported undifferentiated attack by the HKPF towards bystanders and passing-by residences of the neighbourhood. Police batons were used without prior identification and differentiation between third parties and protestors.
According to ‘Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War Of 12 August 1949’ and ‘Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Protection Of Victims Of Non-International Armed Conflicts (Protocol Ii), Of 8 June 1977’, Article 3 common to the ‘Geneva Conventions’, has clearly stated that ‘Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; b) taking of hostages; c) outrages upon personal dignity, in particular humiliating and degrading treatment; d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.’
Article 13 of ‘Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Protection Of Victims Of Non-International Armed Conflicts (Protocol Ii), Of 8 June 1977’, also stated that ‘1).The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances. 2). The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.’
MayJustice2019-08-12 17:02:49
However, the HKPF has seen to be violent to all innocent lives and civilians, who shall be protected, not targeted against, by the HKPF.
According to the ‘Convention on the Rights of the Child’, Article 19 sub-article 1 stated that ‘States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse’. However, during the aforementioned conflicts, children were exposed to harmful tear gas, even when staying indoors. Children should always be protected in conflicts, but the HKPF apparently did not considered the consequences of spreading tear gas near residential area.
The HKPF has not treated civilians in a humane manner with evidence of the above-mentioned incidents. Strong evidences have shown multiple indiscriminate attack incidents by the HKPF on nearly every protests within these three months.
MayJustice2019-08-12 17:03:04
(5) Suppression of press freedom and unlawful attacks against on-site journalists.
As verified by the Amnesty International, a video filmed on 12th June 2019, the HKPF Special Tactical Squad units ‘used batons to disperse journalists who had made their identities clear to the police’. Same day in the evening near LEGCO building, on-site press journalists, wearing standardized high-visibility clothing with reflective strips, were pepper-sprayed against. In every protest occurred within these three months, many tear gas rounds were shot towards the press, instead of protestors. On 22th July 2019, a journalist was beaten by police batons, causing immediate head trauma and severe bleeding from head. Unlawful arrest of on-site press journalist occurred on 5th August 2019, based on the charge of ‘police assault’.
According to the ‘Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Protection Of Victims Of International Armed Conflicts (Protocol I), Of 8 June 1977’, Article 79 (1) specifically stated the measures of protection for journalists, including the followings, ‘Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.’, and that in Article 79 (2) ‘They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4 A 4) of the Third Convention.’, also that Article 79 (3) ‘They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist.’
According to S/RES/1738 (2006), Resolution 1738 (2006), adopted by the Security Council at its 5613th meeting on 23 December 2006, the UN Security Council ‘recalls the Geneva Conventions of 12 August 1949, in particular the Third Geneva Convention of 12 August 1949 on the treatment of prisoners of war, and the Additional Protocols of 8 June 1977, in particular article 79 of the Additional Protocol I regarding the protection of journalists engaged in dangerous professional missions in areas of armed conflict.’, and ‘condemns intentional attacks against journalists, media professionals and associated personnel, as such, in situations of armed conflict, and calls upon all parties to put an end to such practice.’
The HKPF, as an officially recognized governmental organization established to protect public security, should always be avoiding attacks on press professionals on-site of conflicts. However, videos filmed by media have shown multiple incidents of deliberate use of unnecessary forces towards journalists, resulting in injuries and suppression of freedom of press.
MayJustice2019-08-12 17:03:19
(6) Unlawful forces against and arbitrary arrests of on-site medical attendees and first aiders. Deliberate interruptions of emergency medical supports for the wounded.
On 12th June 2019, online circulating video and photos shows a tear gas round was launched towards a first aid tent near Harcourt Road, Admiralty. The first aid station was labelled with highly visible red cross icon, while on-site first-aiders and medical attendees all wore highly visible reflective clothes. However, the first aid tent was still shot by tear gas. The same day near Admiralty, press media reported with live video have shown an ambulance carrying patients was blocked by a platoon of armed HKPF units. Another incident occurred on 11th August 2019, as a subdued individual was bleeding from head, yet HKPF units did not allow on-site first-aiders or medical attendees to perform medical supports, threatened to charge them in the name of ‘obstruction of a police officer in the due execution of his duty’.
According to ‘Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War Of 12 August 1949’ and ‘Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Protection Of Victims Of Non-International Armed Conflicts (Protocol II), Of 8 June 1977’, Article 7 ‘Protection and care’ (1) under Part III ‘WOUNDED, SICK AND SHIPWRECKED’ stated that ‘All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected.’, and that in Article 7 (2), ‘In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.’
Article 9 ‘Protection of medical and religious personnel’ (1) stated that ‘Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties.’
Article 10 ‘General protection of medical duties’ (1) stated that ‘Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.’
Article 11 (1) ‘Protection of medical units and transports’ stated that ‘Medical units and transports shall be respected and protected at all times and shall not be the object of attack.’, and that in (2) ‘The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function.’
All actions of HKPF of attacking an arresting on-site first-aiders and medical attendants should be condemned and halt immediately, for such force is an obvious violation of Article 21 and 23 of the ‘Rules of International Humanitarian Law and Other Rules Relating To The Conduct of Hostilities’, and the aforementioned Articles of the ‘Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War Of 12 August 1949’ and ‘Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Protection Of Victims Of Non-International Armed Conflicts (Protocol Ii), Of 8 June 1977’.
MayJustice2019-08-12 17:03:30
(7) Sexual violence in the attempt to control and arrest female protestors.
On 4th August 2019, a female protestor was arrested near Tin Shui Wai. Press media has reported that while the female protestor was carried away by 4 male HKPF officers, her lower part of body was naked, and her genital part was exposed in public. The HKPF officers did not performed any actions to protect the privacy of the female protestor. After the protestor was released, she claimed that she was verbally insulted by the male HKPF officers with rude sexual phrases. At round 3:00 am on 5th August 2019, another young female protestor was arrested by HKPF officers, and 2 male officers were about to perform unlawful body search on the young protestor of opposite sex. A local LEGCO Council Member Dr. Hon Cheng Chung-tai requested a female officer for the full body search, but was refused and rudely treated. Other incidents of sexual violence include, male HKPF officers subdue female individuals with male genital part pressed against the body of the subdued females, or other cases of male officers attempt on full body search against arrested female individuals.
According to the ‘Protocol Additional To The Geneva Conventions Of 12 August 1949, And Relating To The Protection Of Victims Of International Armed Conflicts (Protocol I), Of 8 June 1977’, Article 75 (2)(b) entitled the Fundamental Guarantees that civilians and military agents are prohibited from inflicting ‘outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault.’ Article 76 (1) stated clearly that women are especially protected from ‘rape, forced prostitution and any other form of assault.’ Article 77 (1) specifically stated that children, including the girl child, are protected against ‘indecent assault.’
Further interpretation and international recognition of crimes of sexual offense can be referred to ‘The Prosecution of Sexual Violence in conflict: The Importance of Human Rights as Means of Interpretation.’, written by Patricia Viseur Sellers.
According to the ‘Declaration of Sexual Rights’ by World Association for Sexual Health, states clearly that ‘sexual rights are grounded in universal human rights’. Article 4 of this Declaration states that everyone shall have ‘the right to be free from torture and cruel, inhuman, or degrading treatment or punishment.’
Actions of the HKPF have uncontrollably infringe the basic human rights as recognized in international conventions, laws, and declarations. However, until present, not a single HKPF officer is accounted for sexual violence and infringement of human rights. Hong Kong citizens desperately need the help from the international world.
MayJustice2019-08-12 17:03:44
(8) Deliberate Ignorance on Local Triad Gang Attacks.
On 21th July 2019, an organized attack believed to be executed by the local triad gang occurred in Yuen Long MTR station. Numerous attackers with hand-held melee weapons, including metal and wood sticks, coordinated an onslaught on the MTR train against the passengers, who were mostly the protestors heading homes after a legal demonstration. During the aggressive assault, passengers attempted to call the HKPF for assistance. However, calls were not made. Large amount of injuries was resulted, including a pregnant woman. In an immediate press conference following the incident, the HKPF claimed to have not seen anyone carrying any kind of weaponry, during the tragic onslaught occurred. Later the month, press media has discovered that when the onslaught occurred, the local Yuen Long police station was closed, and front gate was locked. Although some attackers were arrested, all of them were released earlier and are clear of all charge. No one was held responsible for the onslaught.
According to the ‘Universal Declaration of Human Rights’ by the United Nations, Article 2 has stated clearly that ‘everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind’, which includes differences in political views. Article 2 further remarks that ‘no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.’
Article 5 of the Declaration stated that ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.’, which provides protections to the anti-government protestors, who are eligible to this Declaration based on Article 2.
The above-mentioned tragedy is an obvious deliberate ignorance on an organized crime by the HKPF. Regardless of political views, HKPF should protect the aforementioned passengers on the MTR train from the onslaught.
MayJustice2019-08-12 17:04:01
Above, summarizes and concludes the crimes and violation of international laws and conventions by the HKPF. Circumstances are becoming further uncontrollable, as our HKSAR government, led by Chief Executive Ms. Carrie Lam, has been supporting the HKPF all along in these months of protests. The protestors are in the worst situations, where human rights are deprived, lives are unprotected, and faces arbitrary arrests at all times. Countless injuries and deaths have occurred.
Hong Kong SAR, once a beautiful Pearl of the Orient, is under possibly the worst time of history. The only way out lies on the powers of international entities, to intervene, halt, convict, monitor, and trial the crimes of this violent ‘police force’ of Hong Kong.
Thank you.
Yours Sincerely,
( full name )
A Hongkonger
12-08-2019
