Do security guards have the right to arrest him? Can I twist my neck? How can citizens protect themselves? A look at the limits of security powers in one Yahoo article

Do security guards have the right to arrest him? Can I twist my neck? How can citizens protect themselves? A look at the limits of security powers in one Yahoo article

[Aithisg pàipear-naidheachd Yahoo]Last week, a Wanning plainclothes security guard tricked a customer into stealing and dragged him back into the store with a choker.which caused an uproar in the community, and the police called the case a common assault. “Yahoo News” interviewed lawyer Wen Haozheng and advocate Luk Weixiong to find out whether security guards have “arrest power”, restrictions on the use of force, and how citizens can protect themselves . The lawyer emphasized that security guards have the same power to arrest ordinary citizens If they suspect that a crime has occurred or if they are asked to search bags, they can call the police for help.

Q: Do security guards have the right to arrest people Can they use force?

Answer: Under the Criminal Procedure Ordinance, anyone may arrest without warrant any person reasonably suspected of having committed an arrestable offence. According to the Interpretation Order and General Conventions, “arrestable offences” refer to offenses punishable by imprisonment for more than 12 months, offenses with fixed penalties such as murder or attempts to commit the above offences, including rape, indecent assault and theft, except minor offences. offenses such as littering and throwing away cigarette butts. If you do not know if it is an “arrestable offence”, it is best to contact the police for assistance when you encounter a crime. (Source: Luk Weixiong)

Take a look at the “Guidance for Building Security Personnel” published by the Security and Surveillance Industry Authority, and it states that security personnel license holders only have “citizen arrest powers”, like ordinary citizens. When members of the public see someone committing an arrestable offence, they can use this power to arrest the suspect. The “Instruction” reminds that if security guards see a crime, they can arrest the suspect if the environment allows and it is safe, but it is a first step call the police for help when the suspect is arrested, they can only use the minimum level of force and stop using it only after the suspect has be under control.

The “Instructions for Building Security Officers” state that security guards, like ordinary citizens, only have the “power of citizen’s arrest” and no power of search.

Question: Is there any criminal liability for using excessive force during an arrest? What is “disproportionate” force?

Answer: Even if law enforcement officers make an arrest, they must use proportionate force. When the opponent can be arrested with the minimum amount of force, the force should not be increased. If the force used is greater than the necessary force, it is considered “no -fair”. If the security guard uses disproportionate force to arrest him, or if he commits assault or common injury. (Source: Wen Haozheng)

According to the Criminal Procedure Ordinance,Any person who carries or assists in the arrest of a criminal or a suspect may use such force as is reasonable in the circumstances. As for what constitutes reasonable force, it depends on the circumstances at the time, such as whether the suspect fled, resisted, or actively attacked, and did the security guards have an advantage in numbers and strength. If excessive force is used, an assault or common injury may occur. (Source: Luk Weixiong)

Last week, a customer complained that after shopping at the Mannings branch on Cameron Road in Tsim Sha Tsui, he was dragged back to the store by plainclothes security guards on suspicion of theft.

Question: Can security guards choke suspects?

Answer: The use of security guards by security guards is hardly considered legitimate force; because chokeholds can easily hurt the other party, assuming the suspect escapes and capturing the other party is enough. Security guards and members of the public have not received professional training as law enforcement officers and may be prone to using excessive force. (Source: Wen Haozheng)

Whether the security choke is justified depends on the circumstances at the time and whether it is a similar force, such as whether the security guard was attacked with a knife or a gun at the time When ordinary citizens or security guards encounter a crime, they should call the police first and let the police handle it. (Source: Luk Weixiong)

Last week, two Wanning women’s clothing security guards questioned the customer’s failure to pay​​​​​​​​and forcefully grabbed the customer by the neck and dragged him back to the store.

Question: The security guard arrested the suspect and refused to leave Was he detained illegally?

Answer: After the security guards arrest the suspect, they may be asked to return to the source to clarify the situation depending on the situation at the time. Shop searches must be carried out within a reasonable time and for a valid reason; the Criminal Procedure Order states that the person arrested must be handed over to a police officer so that the person can be brought before a magistrate as soon as possible. Therefore, after security guards arrest a suspect, he should hand him over to the police as soon as possible. (Source: Luk Weixiong)

Lawyer Luk Wei-hsiung pointed out that if the detention does not have a legal reason, it could be an illegal restriction.

Question: How can citizens protect themselves if they are arrested by plainclothes security guards?

Answer: Citizens can first verify the identity of a plainclothes security guard. Security guards do not have special power over other people and are not very different from store staff Members of the public have the right to refuse bag searches and can respond according to whether their requests are reasonable. (Source: Wen Haozheng)

Citizens have the right to ask the other party to produce their ID, and they can also cooperate with the other party in investigating and clarifying the allegations, or ask them to wait until the The police arrived at the scene and handed it over to the police for investigation. . (Source: Luk Weixiong)

Q: If I am found not guilty after an investigation, can I be held responsible?

Answer: If the security guard did not use unreasonable force, but after an investigation it is found that it was a mistake, it will be more difficult for the citizens involved to seek compensation for loss of time. However, if the security guard has no evidence, he will insist that the citizen is a thief in front of everyone, and that the words are shameful and may include profanity. As for the guests who were choked during the Wanning incident, they can file a civil claim against the security guard and the company that hired the security guard. (Source: Wen Haozheng)

Lawyer Wen Haozheng said that the strangulation of citizens by security guards can hardly be considered as reasonable force. If the security guards use disproportionate force during the arrest, they may commit the crime of assault or common injury. (Photo provided by interviewer)