Police Threaten To Prosecute 'roadblock' Victims

Motorists who followed a police officer's order for them to slow down on a busy highway – a move which resulted in a fatal crash – have been warned they could be prosecuted, a lawmaker revealed on Friday.

Two men died in the smash on the Fanling Highway on February 11 when their car – which was being chased by the police – ploughed into three other cars an officer had instructed to slow down. Several of the people in the cars were injured.

Democratic Party legislator James To said that the force had sent notices to the drivers of the three cars informing them that they could be prosecuted for stopping suddenly on the road and causing a crash.

"I was shocked when I received complaints from the three drivers whose cars were hit by other cars because they were stopped by the police. They are issued with a notice of intended prosecution under the Road Traffic Ordinance," To said.

Describing the three drivers as "100 percent victims of the police action", To warned that even the suggestion that they could be prosecuted for what happened damages the force's reputation.

"They are not using their brains, their common sense, but blindly following procedures," the lawmaker said.

"I urge the police to think deeply about this case. Is there a very slight possibility that those three car drivers will be prosecuted by the police if they were ordered to stop on the highway by the police. Please, step into the shoes of those drivers."

To also told RTHK's Candice Wong that the police notices would have an effect on the drivers' motor insurance, noting that one of their cars is a write-off because of the crash, and the three should be given compensation.

Chief Superintendent Martin Cadman, who was present at the Legco security panel meeting where To brought up the issue, did not respond to the lawmaker's comments.

Other legislators at the meeting accused the police of putting the lives of members of the public in danger by forcing them to take part in the "human roadblock". His standard response to them – that the incident is under probe – angered some lawmakers like Claudia Mo.

But Cadman told them that officers sometimes have to take "calculated risks".

"The police will not deliberately risk the lives of members of the public ... it may be that the officer needs to make a decision at that time that poses a risk, but that the officer considers that the benefit of taking that action has actually prevented something worse from happening further down the line," Cadman said.

He added that a panel has been set up to look into relevant guidelines on stopping vehicles.