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Retired police commander Franklin Chu King-wai during the protests in Mong Kok on November 26, 2014. Photo: SCMP Pictures

Senior ex-Hong Kong police officer faces criminal prosecution over baton ‘attack’ on passer-by during 2014 Occupy protests

A retired senior Hong Kong police officer who was initially cleared by the force of attacking an innocent bystander with a baton during the 2014 Occupy protests is facing criminal prosecution after a U-turn by the internal complaints unit of the police.

Lawyers for Osman Cheng Chung-han, the alleged victim of the attack in Mong Kok on November 26, 2014, have confirmed that the police are seeking a fresh statement from their client with a view to launching ‘’criminal proceedings’’ against former superintendent Franklin Chu King-wai.

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The criminal probe comes after the force’s internal Complaints Against Police Office (CAPO) changed its mind in December last year after initially rejecting Cheng’s complaint against Chu.

Cheng’s lawyer, Jonathan Man Ho-ching, said his client was contacted by the police on February 7.

“The force said the statement which Cheng gave earlier was for the purposes of the complaint procedure and a new one was needed for criminal proceedings,” Man said.

“The officers wanted the testimony as soon as possible, but Cheng was not in Hong Kong that time. We will cooperate with the police and arrange a meeting soon.”

It is understood that Cheng will give the new statement next week.

A legal source close to the matter declined to comment on whether there was sufficient evidence to prosecute Chu, but said the retired officer may face a common assault charge, which carries a one-year sentence.

A more serious offence, such as assault occasioning actual bodily harm, could see him behind bars for up to three years.

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Meanwhile, a spokesman for CAPO said they were taking ‘’follow up action’’ after receiving legal advice from the Department of Justice.

Former Shatin divisional commander Chu - who retired from the force in July last year - is accused of hitting Cheng with his baton during a pro-democracy protest in Mong Kok, also the scene of more violent riots this year on February 8, the first day of the Lunar New Year.

The alleged assault in 2014 was recorded and the video widely circulated online.

Cheng lodged a complaint with CAPO, which initially cleared Chu, sparking a public outcry.

Official data shows that between 2009 and 2014 some 328 complaints of assault against police officers were made to CAPO - none were substantiated.

In June last year, the Independent Police Complaints Council (IPCC), the police watchdog, upheld Cheng’s complaint against Chu, but their verdict was rejected by CAPO, which later changed its mind and agreed with the IPCC.

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