Letters | Hong Kong police’s indecent arrest of a female protester raises questions about the force’s conformity to its own rules

The police must give the public clear accounts of all the recent controversial frisk or wall search incidents and conform to regulations on avoiding unnecessary physical contact with people of the opposite gender

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Protesters rush to put out smoking tear gas canisters fired by police in Tin Shui Wai on August 5. Photo: Rachel Cheung

Published: 7:25am, 16 Aug 2019Updated: 7:25am, 16 Aug 2019

In the early morning of August 5, the Hong Kong police made several arrests at the periphery of Tin Shui Wai police station. In the course of arresting a female protester, her clothing was lifted up and her underwear dislodged; she was then carried into the police station in such a way that her private parts were exposed to the press and the public. We believe the arrest was made using excessive force, which resulted in damage to the dignity of the protester and deprived her of her right to bodily autonomy, constituting an act of sexual violence. We condemn the threat and use of sexual violence in any situation.

Following this incident, we have been made aware of several other frisk and wall search cases that involved protesters being searched by officers of a different gender.

According to Chapter 44 of the Police General Orders, “An officer shall not conduct a frisk or a wall search of a member of the opposite sex nor may he/she observe or be present during a search of a member of the opposite sex which involves the removal of clothing so as to reveal underwear”. The order reflects that sensitivity to gender should be upheld in the course of exercising police duties.

Whenever practicable, an officer should avoid unnecessary bodily contact with people of a different gender. A police spokesperson confirmed that female officers were present at the scene, but said that the three female officers had not been able to subdue the protester and thus male officers intervened.

A member of the police’s special tactical squad subdues a protester in Mong Kok on August 3. Photo: Felix Wong

If this was the case, once the protester had been subdued, the male officers should have let the female officers handle the remaining procedures, instead of engaging in inappropriate bodily contact. The female officers should also have helped to adjust the protester’s clothing immediately to preserve her dignity.

The authorities should ensure that this incident is not repeated. We would also expect the police to give the public clear accounts of all the recent controversial frisk or wall search incidents, apologise to the affected individuals and respond to the following with regard to the arrest on August 5: