• 子彈水炮TG兇橫 有節有理UN提示|戴啟思
  • 2019-11-06    

 

New UN Guidelines on the use of Non-Lethal Force

should not be targeted against the head, face, or neck. Rubber-coated metal bullets are particularly dangerous projectiles and should not be used."

The new Guidelines also include Water Cannon. The weapon is described as follows.

"Water cannon are vehicles designed to project water at a variety of pressures and forms for the purpose of dispersal of groups, to protect property, or to put an end to violent behaviour. Malodorants or substances that are hazardous to health are sometimes mixed with the water used in water cannon."

The circumstances of potentially lawful use are then described.

"In general, water cannon should only be used in situations of serious public disorder where there is a significant likelihood of loss of life, serious injury, or widespread destruction of property. In order to meet the requirements of necessity and proportionality, the deployment of water cannon should be carefully planned and managed with rigorous command and control at senior level."

Circumstances of potentially unlawful use are also described

"Water cannon shall not target a jet of water at an individual or group of individuals at short range owing to risk of causing permanent blindness or secondary injuries due to the individual being energetically propelled by the water jet. They shall also not be used against restrained individuals or individuals otherwise unable to move."

More guidelines deal with other non-lethal weapons used in HK. They include tear gas, batons and hand-held chemical sprays. They describe these non-lethal weapons in the same way and set out the situations where they can be used lawfully and the situations where their use may be unlawful.

In the absence of published guidelines prepared by the Commissioner of Police about the use of non-lethal weapons, the new Guidelines will give some indication of whether they are being used in a way that is consistent with recommended ‘best practice’.

Readers should bear in mind as well that guidelines cannot replace legal rules about the use of such weaponry or a judicial assessment of the lawfulness of police action in any particular case in a trial. They are guidelines only.



About the author

Philip Dykes is a Senior Counsel. He has lived in Hong Kong for over thirty years. His interests are in literature, language, history, fine art and photography. He worked as government lawyer until 1992 and he is now in private practice.

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