Executive Summary of our presentation

1. Master of Public Administration
Hong Kong Baptist University
Winter 2009
POLS7050 Public Administration
Course Assignment：
Review on “Human Roadblock” Incident in Kwun Tong By-pass
CHO Chun-kit, Wong Hiu Tung
08407851, 08418098

2. Executive Summary
Review on “Human Roadblock” Incident in Kwun Tong
Background
1. The “Human Roadblock” Incident in Kwun Tong on 13 July 2009 aroused intense
media interest. Hong Kong Police Force (“HKPF”) deployed an operation to combat illegal road
racing that day morning. It is reported that Police used civilian vehicles including three taxis, a
truck and a private car to form a road block stopping at least fourteen illegal road racers. Six racing
cars crashed into the roadblock and eight people injured on the Kwun Tong Bypass near Kwun Tong
Ferry Pier1. It is believed that there was not any verbal communication between the police and the
concerned civilian vehicles drivers for announcing the purpose of stopping their cars and seeking
their consent for assisting the police’s anti- illegal road racing operation2.
2. Since reporting the way that Police used to stop the illegal road racers that day, the
public opinion criticized the dangerous practice of the police neglected civilians’safety and
concerned the measures and guidelines in respect of law enforcement against illegal car
racing and the media followed the developments closely3. On 14 July 2009, the media reported
widely that police chief apologized for the incident, concluded that there was an error of judgment
in the operation and promised that the police would review their procedures.
Development
3.Independent Police Complaints Council (“IPCC”) expressed its concern over the incident on 14
July 2009 and requested HKPF to provide relevant information of the existing practice adopted by
the police. The Council then held a conference on 4 September 2009 to allow HKPF to clarify its
practice.
4.A special meeting was held by Panel on Security of Legislative Council (“PS -LegCo”) in
September in which discussed the incident and the relative policy and procedure of HKPF tackling
illegal car racing.
Our Concern
5. Against this background, we want to examine or raise:
(a) The problems of the police shown by the operation;
1
“Human roadblock ‘put public at risk’” SCMP on 14 July 2009, 15-7-2009
2
“Human roadblock ‘put public at risk’” SCMP on 14 July 2009
3
“Human roadblock ‘put public at risk’” SCMP on 14 July 2009; “Police chief apologises for roadblock” SCMP on 15
July 2009.; LC Paper No. CB(2)2514/08-09(04)
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-4-e.pdf Retrieved on 16 November 2009.
2

3. (b) Approach adopted by HKPF to remedy the mistake after the incident;
(c) Other possible remedies; and
(d) Limitation of those remedies.
Methodology
6. Apart from studying information from news, we examined relative documents from
Panel on Security of Legislative Council (“PS -LegCo”), Transport and Housing Bureau (“THB”),
HKPF, Independent Police Complaints Council (“IPCC”).
Observation and Opinion
Problem (A)
7.We noted that the incident is related to combat illegal road racing operation under the Anti-illegal
Road Racing Policy. According to the Guiding Principles of this policy 4, “the safety of both
innocent members of the public and police officers are of paramount importance”, “it is not Police
policy to put the public at risk nor to use vehicles belonging to members of the public to block the
road during illegal road racing operations.” Furthermore, a Chief Superintendent of Police alleged
in IPCC meeting on 4 September that policemen would not used civilian vehicles to form
roadblock.5
8.Obviously, the decision maker, who decided to use civilian vehicles to form a roadblock to stop
illegal road racers, had made a fault decision that substantively violates the Policy.
9.On the other hand, the decision maker was found not to follow the Chapter 41 of Force
Procedures Manual (“FPM”) of HKPF, which contains instructions on roadblocks including legal
powers; command and control; manpower and supervision; siting and equipment.6 According to
FPM Chapter 41 paragraph 6 (“FPM 41-06”), only marked police vehicles with reflective chevrons
or police vehicles in full conspicuity livery and displaying flashing blue lights can be placed across
the highway to form roadblock.7 It double confirmed that it is not the Police policy to put the public
at risk nor to use vehicles belonging to members of the public to block a road in order to intercept
illegal road racers.8
4
Legislative Council Panel on Security: Law enforcement against illegal car racing
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-3-e.pdf Retrieved on 16 November 2009.
5
“警稱有權徵車擋路 拒協助可招刑責” (Chinese news title) http://hk.news.yahoo.com/article/090904/4/e27q.html
News produced by Ming Pao Daily (Chinese news paper) on 5 September 2009. Retrieved on 16 November 2009.
6
Legislative Council Panel on Security: Law enforcement against illegal car racing
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-3-e.pdf Retrieved on 16 November 2009.
7
Legislative Council Panel on Security: Law enforcement against illegal car racing
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-3-e.pdf Retrieved on 16 November 2009.
8
Legislative Council Panel on Security: Law enforcement against illegal car racing
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-3-e.pdf Retrieved on 16 November 2009.
3

4. 10.In this context, we questioned the quality of the policy enforcement and the “popularity” and
“authority” of the Policy Guiding Principle and FPM among police officer. It should be a problem
that needs to be looked into.
Problem (B)
11.Beside, the incident is related to the use of the statutory power of Police to commandeer civilian
vehicles and to stop and detain civilian vehicles. In the IPCC meeting mentioned above, the Chief
Superintendent of Police stressed that under Section 63 of Police Force Ordinance (Cap 232), the
Police had the right to request any persons to assist police officer for prevention of crime but the
person who can refuse the request if it is hazardous to their lives.9
12.However, the policemen in the incident had not told the drivers anything after stopping their cars
and just let them wait until the illegal racer crashed into those waiting cars. It is hard for us to allege
that those policemen had commandeered those driver’s cars because police officer was empowered
by law (Cap 232 S.54) to stop, detain and search and persons on board any vessel.10
13.Under the circumstances, those civilian drivers had no chance to judge whether “the request (by
police) is hazardous to their lives” or not as there were not any requests for assistance made by
police to those drivers. Is the above power delegated by law to the police too big? Is it providing
room for police to abuse its power? It seems that it is the time for the Government and LegCo to
consider reviewing the delegated power of police mentioned above.
Problem (C)
14.Last but not lest, the incident raise public awareness on the seriousness of the illegal car racing
problem in Hong Kong. And from the statistics provided by the Police, we find that the total no. of
case that confirmed to be related to Illegal Road Racing from Jan to Aug 2009 is 23 while the figure
form Jan to Dec 2008 is 26.
15.The follow up action carried out by If HKPF, IPCC and LegCo might re-heat the above public
awareness again and again. Perception is reality. Even though the actual numbers of report on the
confirmed illegal car racing is not a great number at all, police still needs to show seriously its
determination on facing and tackling the car racing problem with substantive measures in order to
prevent himself form a further public relation crisis.
Remedies carried out by HKPF
9
“警稱有權徵車擋路 拒協助可招刑責” (Chinese news title) http://hk.news.yahoo.com/article/090904/4/e27q.html
News produced by Ming Pao Daily (Chinese news paper) on 5 September 2009. Retrieved on 16 November 2009.
10
http://www.hklii.org/hk/legis/en/ord/232/s54.html
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5. 16.Police promised to carry out the following remedies:11
(a) To clearly specify the Policy Guiding Principle that in all relevant orders and
instructions or direction;
(b) To issue a Commissioner’s Order on illegal road racing to ensure
standardization and best practice of the relative policy;
(c) To review issues about roadblocks by forming a working group; and
(d) To guarantee that they will continue to take stringent enforcement action to the
illegal road racers.
15. We believed that (a), (b) might be the remedies of problem A while (c), (d)
are the remedies of problem C.
Other remedies recommended by us
17. Providing more simulation practical trainings of fighting street racing to frontline
traffic police.
18.Educating public and warning street racers
19.Conducting surveillance of the street racing
Limitation of the remedies
20. The remedy of clearly state an operational guideline against illegal car racing would
definitely be contributed to clarify the same predicament when frontline Police Force facing.
However, most sudden incidents happen unforeseeably. A strictly bounded guideline is not
appreciated for decision making within a short time and leads to a problem of less flexibility.
21. Public could be informed about the dangers and legal consequences of racing as well
as police enforcement intentions. The effectiveness of such measures depends on how much
government put his resources in this issue.
22. The preventative measures that like street racers can be quiet sophisticated in their
efforts to avoid detection by police. For example, unmarked police vehicles. Plainclothes officers
and video equipment may be covertly used to observe racers’ movements and methods and to
determine the problems they create. This allows for pre-race intervention, access to race areas to be
closed off, and participants to later be charged. However, dealing of public privacy has to been
11
Legislative Council Panel on Security: Law enforcement against illegal car racing
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-3-e.pdf Retrieved on 16 November 2009.
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6. reviewed if this measure put in consideration.
Conclusion
23. This incident review is not aiming at finding (i) if the content of and the measures
inside the Anti-illegal Road Racing Policy and the FPM (Force Procedures Manual) of HKPF is
useful and effective; or (ii) how to reduce the power given to the police by the laws clauses
mentioned above. It is because we believed that it might involve professional judgment and we are
not qualified to make further judgments. What this review wants to cope with is the policy
enforcement problem of the police shown and generated by its operation (that is problem A and C)
and the limitation of the remedies raised afterward. We hope this review would stimulate more
different thought angles toward the incident and contribute to the relative review action that may be
carried out by HKPF, LegCo, IPCC or other bodies in the future.
Reference
1. Legislative Council Panel on Security: Law enforcement against illegal car racing
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-3-e.pdf Legislative
Council Document. Retrieved on 16 November 2009.
2. LC Paper No. CB(2)102/09-10(01)
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-102-1-e.pdf Legislative
Council Document. Retrieved on 16 November 2009.
3. LC Paper No. CB(2)2514/08-09(04)
http://www.legco.gov.hk/yr08-09/english/panels/se/papers/se0929cb2-2514-4-e.pdf Legislative
Council Document. Retrieved on 16 November 2009.
4. IPCC Press Release on 14 July 2009 http://www.ipcc.gov.hk/en/download/pr/roadblock
%20incident_en_tc.pdf, IPCC Document. Retrieved on 16 November 2009.
5. Cap 232 Police Force Ordnance http://www.hklii.org/hk/legis/en/ord/232/index.html Retrieved on 16
November 2009.
6. “警堵非法賽車 截街車當路障 賽車硬闖 6 傷 無辜司機怨當人肉沙包”(Chinese news title)
http://hk.news.yahoo.com/article/090713/4/d68q.html, News produced by Ming Pao Daily (Chinese
news paper) on14 July 2009. Retrieved on 16 November 2009.
7. “策略一直沿用 議員稱須檢討 截車當路障形同誤殺” (Chinese news
title)http://hk.apple.nextmedia.com/template/apple/art_main.php?
iss_id=20090714&sec_id=4104&subsec_id=11866&art_id=12985526 News produced by Apple
Daily (Chinese news paper) on 14 July 2009. Retrieved on 16 November 2009.
8. “警設路障守則嚴格規矩多” (Chinese news title) http://www.h1.com.hk/news_topic/nt_content.asp?
sid=1774&nt=np News produced by Headline Daily (Chinese news paper) on 14 July 2009. Retrieved
on 16 November 2009.
9. “Human roadblock ‘put public at risk’” News produced by Shenzhen Daily on 14 July 2009.
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7. http://paper.sznews.com/szdaily/20090716/ca2916509.htm Retrieved on 16 November 2009.
10. “Human roadblock ‘put public at risk’” SCMP on 14 July 2009.
11. “Hong Kong police apologise for roadblock that injured eight” News produced by The Sun (Britain)
on 14 July 2009(in Britain time). http://www.sun2surf.com/article.cfm?id=35749 Retrieved on 16
November 2009.
12. “Police chief apologises for roadblock” SCMP on 15 July 2009.
13. “人身安全為由 可拒警徵用車” (Chinese news title) http://hk.news.yahoo.com/article.html?path=
%2F090714%2F3%2Fd735.html News produced by Sing Tao Daily (Chinese news paper) on 15 July
2009. Retrieved on 16 November 2009.
14. “一哥道歉 「沙包司機」氣消 認判斷出問題 聯絡事主允研賠償” (Chinese news title)
http://hk.news.yahoo.com/article/090714/4/d6xs.html News produced by Sing Tao Daily (Chinese
news paper) on 15 July 2009. Retrieved on 16 November 2009.
15. “Top cop's sorry saga” http://www.thestandard.com.hk/news_detail.asp?
pp_cat=30&art_id=84861&sid=24568698&con_type=1 News produced by The Standard on 15 July
2009. Retrieved on 16 November 2009.
16. “徵用車輛規定須檢討” (Chinese news title)
http://paper.wenweipo.com/2009/07/15/WW0907150002.htm News produced by Wen Wei Po Daily
(Chinese news paper) on 15 July 2009. Retrieved on 16 November 2009.
17. “鄧竟成重申警執法著重市民安全” (Chinese news title) http://hk.news.yahoo.com/article/090718/3/
d9a2.html News produced by Sing Tao Daily (Chinese news paper) on 18 July 2009. Retrieved on 16
November 2009.
18. “鄧竟成：研究賠償當路障車” (Chinese news title)
http://hk.news.yahoo.com/article/090718/4/d9a0.html News produced by Ming Pao Daily (Chinese
news paper) on 18 July 2009. Retrieved on 16 November 2009.
19. “警稱有權徵車擋路 拒協助可招刑責” (Chinese news title)
http://hk.news.yahoo.com/article/090904/4/e27q.html News produced by Ming Pao Daily (Chinese
news paper) on 5 September 2009. Retrieved on 16 November 2009.
20. “人肉路障堵賽車 警認判斷錯誤” (Chinese news title)
http://hk.news.yahoo.com/article/090929/4/egvf.html News produced by Ming Pao Daily (Chinese
news paper) on 30 September 2009. Retrieved on 16 November 2009.
21. “警方未賠償被徵用作路障的士維修費” (Chinese news title) http://www.881903.com/page/zh-
tw/newsdetail.aspx?ItemId=168508 News produced by Commercial Radio Hong Kong (Chinese
Radio Channel) on 21 October 2009. Retrieved on 16 November 2009.
Wong Hiu Tong and Samuel Cho Chun Kit
November 2009
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