第一間有反應嘅NGO
仲有 Greenpeace 同埋 Amnesty International
仲有冇？
【媒體聲明：關注未成年人士被武力對待｜Media Statement: Concern on the use of force on underage persons】
香港兒童權利委員會關注昨日（9月6日）油尖旺地區有未成年人士被捕的事件。當中，一名未成年身上完全沒有武器和裝備的女童被防暴警察以武力制伏在地上。
該名12歲女童稱自己當時正和哥哥在旺角打算購買美術用品，被警察突然的截查行動嚇跑後遭到警方武力制服。根據新聞片段，身上完全沒有武器、穿便服的女童被圍堵及猛力撲倒在地上，更有警員用膝蓋壓在她身上，最後被三名警員包圍制伏。此舉完全與警方稍後發出的聲明稱「使用最低所需武力」不符，而警方當時根本未有任何證據或合理的懷疑顯示該名未成年人士有犯事或暴力的行為。
該女童及哥哥其後收到違反限聚令的告票後獲釋放。
警方曾一再重申有對未成年人士的處理指引。執法機構重視兒童的安全和福祉以及遵循自1994年起在香港生效的聯合國《兒童權利公約》中的標準十分重要。
《公約》第3條要求政府在執行關於兒童的一切行動時要置兒童的最大利益為首要考慮。對於警方今次處理身上完全沒有武器及裝備的女童時所採取的方法是否有考慮到保護兒童及其福祉存疑。
《公約》第37條指出任何兒童不受酷刑或其他形式的殘忍、不人道或有辱人格的待遇或處罰、不得非法或任意剝奪任何兒童的自由。警方未能在行動中考慮到他們這個年齡的人的需要的方式加以對待，亦未有就未成年人士作出特別照顧和關注。
警方必須盡最大的努力，維護兒童權利，防止類似的粗暴行為再次發生，並向公眾解釋及公開就處理未成年人士的指引，並確保有關指引符合《公約》的精神。
香港兒童權利委員會
二零二零年九月七日
The Hong Kong Committee on Children’s Rights is very concerned about the reported arrest of some underage persons yesterday (6 September) in Yau Tsim Mong. In one case, a teenage girl was violently thrown to the ground by the riot police when she was totally unarmed and peaceful.
The 12-year-old girl who claimed to be on her way to buy art supplies with her brother was violently subdued by the police in Mong Kok when she tried to run away from the stop and search exercise conducted by the police. From the footage, the totally unarmed girl in civilian clothes was rounded up and violently knocked on the ground and kneeled on by a riot police officer and later surrounded by three officers. It is totally contradicted to the “minimum necessary force” as stated in the police statement later released. Besides, the police could not provide any evidence or reasonable doubt indicating that the underage was involved in crime or violent behaviors at the scene.
The girl and her brother were later released with a penalty ticket accusing them of violating the social gathering ban.
Police have repeatedly stated that they have guidelines to handle underage persons. It is important that the law enforcement body prioritises child’s safety and well-being and ensure compliance to the standards as stipulated in the United Nations Convention on the Rights of Child (UNCRC) which has come into effect in Hong Kong since 1994.
Article 3 of the UNCRC requires our government to place the best interests of the child as the primary consideration in undertaking all actions concerning children. The police handling of the unarmed girl absolutely places no regard for the well-being and protection of the child.
Article 37 also reads that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment or deprived of his or her liberty unlawfully or arbitrarily. The police failed to conduct their operation in a manner that takes into account the needs of persons of his or her age and paid no special care and attention to the underage.
The police must try their best to uphold children’s rights and to prevent the recurrence of similar violent incidents in the future.The Police must also explain and make public their handling guideline on minors and such guidelines must be based on the essence of the Convention.
Hong Kong Committee on Children’s Rights
7 September 2020
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