SIU CHI HUNG GARRY 對 SECRETARY FOR JUSTICE FOR AND ON BEHALF OF COMMISSIONER OF POLICE

SIU CHI HUNG GARRY 對 SECRETARY FOR JUSTICE FOR AND ON BEHALF OF COMMISSIONER OF POLICE

Plaintiff's evidence was found not credible and did not prove on the balance of probabilities that he was assaulted by police or that the assailants were police officers; accordingly the claim is dismissed. In addition, the court noted that, on case law, the Commissioner is not vicariously liable for police...

Source-derived case information.

Citation
[2022] HKDC 772
Parties
Plaintiff: SIU CHI HUNG GARRY; Defendant: Secretary for Justice for and on behalf of Commissioner of Police
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 August 2022
Case Number
DCPI3344/2019
Procedural Posture
Civil Personal Injury Tort (assault/battery, False Imprisonment, Misfeasance) / Trial — Judgment Delivered
Outcome
Claim dismissed; plaintiff ordered to pay defendant's costs
Legal Topics
Assault and Battery, False Imprisonment, Misfeasance in Public Office, Vicarious Liability, Credibility Assessment, Damages Assessment
Source Language
ch
Tort Personal Injury Police Liability Evidence Assault and Battery False Imprisonment Misfeasance in Public Office Vicarious Liability +2 more

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Parties

SIU CHI HUNG GARRY

Plaintiff

Secretary for Justice for and on behalf of Commissioner of Police

Defendant

Procedural Posture

Civil Personal Injury Tort (assault/battery, False Imprisonment, Misfeasance) / Trial — Judgment Delivered

  1. 1 Whether plaintiff proved on balance of probabilities that he was assaulted by police at the material time and place
  2. 2 Identity of assailants and whether they were police officers on duty
  3. 3 Whether the Commissioner of Police is vicariously liable for acts of police officers

Ratio Decidendi

Plaintiff's evidence was found not credible and did not prove on the balance of probabilities that he was assaulted by police or that the assailants were police officers; accordingly the claim is dismissed. In addition, the court noted that, on case law, the Commissioner is not vicariously liable for police officers' conduct, reinforcing dismissal of the claim.

Court Disposition

Claim dismissed; plaintiff ordered to pay defendant's costs

Orders

  • Claim dismissed
  • Plaintiff to pay defendant's costs including all reserved costs