Inquest is not a place of Getting Justice for Victim of Gun-shot Case
尼泊爾裔卅歲男子林寶（Limbu Dil Bahadur），二零零九年三月十七日在何文田山邊，被單咇前往調查滋擾投訴的警員許嘉麒開槍射中頭部重傷死亡。死因裁判法庭經過七十六天的聆訊後，於二零一零年五月廿五日，陪審團接納涉事警員在當時的情況下開槍，是合理自衞，而所用的武力程度亦屬合理，故裁定死者是合法被殺；但未有就防止類似事件重演而作出建議。
On 17 Mar, 2009, a Napalese man, Limbu Dil Bahadur was shot dead by a police constable Hui Ka Ki who was responding alone to call-out on a hillside in Ho Man Tin during an identity check. After 76 days of hearing, the Jury of the Court returned a verdict of lawful killing on 25 May, 2010, without recommendations on ways to prevent similar incidents. It implied the police constable only fire the fatal shot for self-defence.
Sony Rai, the widow of Mr. Limbu, was not convinced by the decision. The way the Coroner had handled the proceedings, the open bias and hostility he has manifested against Sony and her legal representatives was particularly distressing. To make matters worse, we never find the investigation and proceedings balanced and fair. It is regrettable that our Police had spent much of its effort in finding evidences about the “bad character” of Mr. Limbu, instead of searching the causes of his death. Yet, she vowed to carry on and fight for the justice, seeking for judicial review for the hearing process by 25 Aug, 2010, with the support from Hong Kong Unison and the Nepalese community. However, High Court Justice dimissed the judicial review on 12 Jan, 2011.
This case has highlighted the insensitivity by the Police in dealing with ethnic minorities. We consider police officer should take into account of language difficulties of ethnic minority people and choose the most appropriate language when dealing with them. In addition, we have cast doubt on the necessity of the police officer in firing the shots, given that the victim may not understand his warning, and all the other alternatives may not be exhausted.
Hong Kong Unison has followed the incident closely since its happening. On the one hand, we have worked with all the concerned parties, including lawmakers, human right groups, Nepalese and other ethnic minority communities, to call for the setting up of an independent Commission of Inquiry and the review of Police practice in handling ethnic minorities. We worried that the verdict of the hearing would send a wrong message to the Police that they have done nothing wrong and thus no need to review its practice. Nevertheless, we would not give up, but continue call for the necessary measures that the Government should take to avoid the repeat of such tragedy.
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Timeline of the incident
尼泊爾裔卅歲男子林寶（Limbu Dil Bahadur），在何文田樂民新村D座對出山坡平台，被單咇前往調查滋擾投訴的警員許嘉麒開槍射中頭部重傷死亡。
A Nepalese man, Dil Bahadur Limbu, was shot dead by a police constable Hui Ka Ki who was responding alone to call-out on a hillside in Ho Man Tin during an identity check.
HK Unison has made a press statement, calling for the strengthening of the racial sensitivity training among the Police Force.
《開槍事件反映執法人員種族敏感度不足》 (只備中文版本 Chinese version only)
In response, a group of HK Ethnic Minority residents sent letter to the Commissioner of Police, to express their comment as the gun shooting incident reflects police's lack of racial sensitivity
《Gun shooting incident reflects police's lack of racial sensitivity》
(只備英文版本 English version only)
Hong Kong Unison organized a signature campaign among the ethnic minority communities, endorsing the petition letter to the Police Commissioner.
香港尼泊爾聯合會發起「 無聲抗議 」遊行，香港融樂會除提供意見及協助維持秩序，更動員不同少數族裔，例如印度、巴基斯坦等團體參加遊行，以示支持。
Hong Kong Unison has offered assistance for the rally organized by Hong Kong Nepalese Federation. Besides of logistic support and professional advice, we have also mobilized various ethnic minority communities such as Indian, Pakistani to join the "silent protest".
About 5,000 ethnic minority and Hong Kong citizens have joined the protest, calling for the fair and thorough inquiry by an independent commission in relation to the case. We also condemned the police attempt to “bad-mouth” the victim immediately after the tragedy through the local media, worrying that the subsequent inquest hearing with the jury would be jeopardized.
Hong Kong Unison has collected over three thousands of signatures, endorsing the petition letter to the Police Commissioner. About twenty young people, from different ethnic minority origins such as Indians, Pakistanis and Nepalese, joined the petition at Police Headquarter in Wan Chai. On behalf of ethnic minorities, they submitted the letter and signatures to Police Department.
Together with ethnic minorities, we strongly request the Police Department to stop badmouthing the victim and to conduct a fair and thorough investigation to the case. In addition, we also call for strengthening of racial sensitivity training among the Police Force and the establishment of an operational guideline for frontline police officer, to ensure zero racial discrimination in daily practice.
《7 Demands from EM representatives》
EM-concern parties met with Non-ethnic Chinese Community Liaison Group of HK Police Force to give advices on their operation.
Reply from the Police on the letter from EM by 3/23
Hong Kong Police Force response to the advices on 4/9 meeting with Non-ethnic Chinese Community Liaison Group
警務處回應 (只備中文版本 Chinese version only)
The inquest into the killing of Limbu began
A protest was jointly organized by the Hong Kong Unison and the Hong Kong Nepalese Federation, outside the Eastern Law Courts Building, calling for the change of hearing language (to English) for the inquest of Mr. Limbu. The group deeply concerned about the inquest was hold in Cantonese that affect Mr. Limbu's family to follow the proceedings as they do not understand Cantonese.
《Declaration by the Hong Kong Nepalese Federation and the Hong Kong Unison》
Hong Kong Unison has offered assistance for the protest organized by Hong Kong Nepalese Federation, outside the Eastern Court, in which the widow of Mr. Limbu (Sony Rai) announced her decision to boycott the inquest hearing about his husband's death.
Rai has been attending the inquest since its beginning. Yet she was dissatisfied with the unfair and biased way that the Police and the Coroners conducted the investigation and its subsequent inquest proceedings. In light of the above circumstances, she did not have the confidence that the inquest could find out his husband's death and decided not to attend the hearing. About 20 Nepalese friends and relatives had attended the protest to show their support to the widow.
《Statement from the widow of Mr. Limbu, boycotts future inquest hearings in protest》
Hong Kong Nepalese Federation organized a ceremony to mourn the death of Mr. Limbu. About 80 ethnic minority people had participated in the ceremony.
《Speech of the widow of Mr. Limbu at the mourning ceremony》
After 76 days of hearing, the Jury of the Court returned a verdict of lawful killing, which implied the police constable only fire the fatal shot for self-defence.
Rai, the widow of Dil Bahadur Limbu, was not convinced by the decision. She vowed to carry on and fight for the justice. And, call for the setting up of an independent Commission of Inquiry and the review of Police practice in handling ethnic minorities.
《Statement from the widow of Mr. Limbu after the conclusion of the Inquest Hearing》
(只備英文版本 English version only)
Mr. Limbu's widow, Rai, obtained legal aid enabling her to seek a judicial review for the hearing process.
Sony Rai has failed in her appeal to quash a coroner's jury finding that her husband was "lawfully killed". High Court Justice Anselmo Reyes dismissed the judicial review.
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其他媒體之跟進報導如下 News clips of other media's follow-up
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