For information
on 13 October 1998
Legislative Council Panel on Security
Enquiry into the Incident at Ma Po Ping Prison on 27 July 1998
Purpose
This paper gives an account of the enquiry into an incident involving the use of force by staff of the Correctional Services Department (CSD) upon some prisoners at the Ma Po Ping Prison (MPP) on 27 July 1998, and the follow-up actions taken by the Administration.
Background
2. On 27 July 1998, an incident occurred at the MPP, during which 19 prisoners and two CSD officers sustained injuries. After the incident, the CSD received more than 70 complaints from prisoners about the use of unnecessary force by the CSD staff during the incident. Similar complaints were also made to, inter alia, the Police, The Ombudsman, some LegCo Members and Justices of Peace.
CSD's enquiry
3. On 30 July 1998, the Commissioner of Correctional Services (C of CS) ordered a full investigation into the incident by a Board of Enquiry. The enquiry was completed and the report was submitted to the C of CS, who has also provided a copy of the report to the Secretary for Security on 19 August 1998.
4. As separate complaints have been filed with the Police about assault by CSD staff and the Police's investigation is on-going, disclosing the full findings of the enquiry now may prejudice their investigation and/or any criminal proceedings resulting therefrom. Hence a summary report on the enquiry is provided at the
Annex for Members' information at this stage. We undertake to disclose the full report, save for the personal data and prison security information in it, after completion of Police's investigation and any criminal proceedings that may result therefrom.
Findings of the enquiry
5. The Board of enquiry has concluded its enquiry with the following findings -
- The use of force by the MPP Correctional Services staff on 27 July 1998 was the minimum necessary and its use was justified in controlling a disturbance involving more than 60 prisoners.
- Although the prison staff on the ground had handled the incident properly and reacted promptly to prevent its development into a major disturbance, the prison management displayed certain inadequacies in preparing for the potential outbreak of disturbance between two groups of prisoners.
- On the complaint by injured prisoners against the use of unnecessary force by identified CSD officers, as the Police are also conducting investigation into similar complaints and disclosing the report findings now may prejudice the Police's investigation and/or any criminal proceedings resulting therefrom, the enquiry findings will be withheld at this stage as explained in paragraph 4.
6. The Board of enquiry has made recommendations -
- that the management of MPP be admonished for the inadequacies they displayed in handling the incident;
- that disciplinary action be considered against the prison staff whose conduct was called into question; and
- that disciplinary proceedings under the Prison Rules be taken against some 60 prisoners identified as violating prison discipline during the incident.
The Board has also made other observations and recommendations pertaining to operational support during emergency and the facilities of the prison.
Follow-up actions
7.The CSD has taken the following immediate steps to strengthen management at the MPP -
- The inadequacies revealed in the enquiry about the handling of the incident and the need for effective improvements have been brought to the attention of the prison management of MPP. Officers concerned have also been admonished.
- Staff training on handling of similar incidents and emergency situations has been enhanced. In addition to the regular training on riot control and use of force and arms, special training sessions on handling of riotous situations have also been organized.
The CSD has also reviewed the existing operational guidelines/standing orders in the handling of emergency situations. These are found to be adequate for their purpose.
8. On-going initiatives to improve the environment and facilities of MPP, which include a project to refurbish the dormitories of MPP to improve prisoners' living condition and initiatives to improve the fresh water supply system and other utilities in the prison, are being followed through with a view to enabling their early completion as far as possible.
9. Disciplinary proceedings against the prisoners who have violated prisons discipline are in progress according to the Prison Rules.
10. We will examine the classification and utilization of penal places in our prisons, including the MPP, when additional penal places at the Pak Sha Wan Correctional Institution at Stanley are made available in 1999.
Security Bureau
October 1998
Annex
ENQUIRY INTO THE INCIDENT AT MA PO PING PRISON SUMMARY REPORT
Background
More than 70 prisoners have filed complaints with the Correctional Services Department (CSD) against the use of unnecessary force by the CSD staff during an incident at Ma Po Ping Prison (MPP) on 27 July 1998, when 19 prisoners and two CSD officers sustained injuries. Similar complaints were also made to, inter alia, the Police, The Ombudsman, some LegCo Members and Justices of Peace.
Board of Enquiry and Terms of Reference
2. On 30 July 1998, the Commissioner of Correctional Services (C of CS) ordered a full investigation by a Board of Enquiry (the Board). It was then upgraded and headed by an Assistant Commissioner, with members drawn from senior officers from establishments other than MPP. They are-
- Assistant Commissioner (Inspectorate and Management Services);
- Senior Superintendent (Pik Uk);
- Superintendent (Inspectorate and Management Services); and
- Principal Officer (Victoria Prison).
3.The terms of reference of the Board are -
- to examine the circumstances surrounding the incident;
- to identify the cause of the incident;
- to examine into whether or not the incident had been handled properly;
- to identify if there was any negligence on the part of staff and/or any inadequacy on the part of the management; and
- to make recommendations as appropriate.
Methodology
4.To find out what happened on the day and to reconstruct the events of the incident, the Board -
- visited the scene at the MPP;
- arranged for individual interview with the 78 prisoners who have made complaints to the CSD, 62 CSD officers and 164 other prisoners who were present on the day and might serve as witnesses to the incident. As a result, over 300 statements were taken;
- reviewed a video-tape taken by a CSD officer on the day; and
- examined relevant documents such as injury reports of related prisoners and staff, and rules and operational guidelines of the CSD.
5.The Board completed its enquiry and the report was submitted to the Secretary for the Security by the Commissioner of Correctional Services on 19 August 1998.
The Enquiry Report
What happened
6.Based on the statements of all those present on the day and the video-tape, the Board has established the sequence of events before and during the incident as follows -
- On the early morning of 27 July 1998, an illegal immigrant (II) prisoner stabbed a local prisoner with a sharpened toothbrush. The incident was reported to the Police.
- In the same afternoon, two local prisoners approached the prison management and requested that II prisoners should be separated from the local prisoners. They stated that if their proposal was not effected, some local prisoners might take their own revenge against the II prisoners.
- At the same time, the prison management had received information that the local prisoners were considering staging certain mass behaviour, and would possibly launch an attack on the II prisoners during the scheduled recreational hour in the evening.
- In response, the prison management directed that additional staff should be deployed to supervise the recreational session and that searches should be conducted on the prisoners entering the Assembly Yard for the recreational session. The prison management further decided that anti-riot equipment, i.e. batons and shields should be made ready at the Reception Office, which was in close proximity to the Assembly Yard.
- Later in the afternoon and about 10 minutes after the commencement of the recreational session, the prison management convened an urgent meeting to discuss the strategy of handling the prisoners. (The meeting continued until the outbreak of the confrontation between the CSD staff and the prisoners in the Assembly Yard. See details below.)
- During the recreational session at around 6:00 p.m., on the Assembly Yard of the MPP, more than 100 prisoners (mostly local prisoners) were seen to be acting unusually and clustered together in large groups in close discussion. Towards the end of the session at around 6:30 p.m., these prisoners, led by several ringleaders, were seen approaching a group of prisoners (the II prisoners) gathered on the other side of the Assembly Yard.
- Seeing that the atmosphere was growing tense, the CSD staff at the Assembly Yard ordered the crowd to disperse to prevent a possible group fight. In the process, the CSD staff were confronted by some 60 prisoners. The CSD staff therefore formed a cordon line in an attempt to separate the two groups of prisoners and ordered the prisoners to disperse, but to no avail.
- Staff reinforcements were summoned and held batons horizontally at both ends to strengthen the cordon line to stop the prisoners from further advance. Some local prisoners were seen attempting to snatch batons from staff, and individual staff on the cordon line were attacked. The situation was becoming out of control.
- Some CSD staff were seen to use batons to subdue the unruly prisoners. The situation was then quickly brought under control and in two minutes' time all prisoners were seen squatting on the ground.
7.Two CSD staff and 19 prisoners had sustained injuries as a result of the incident. All of them were examined and given necessary first aid treatment in the centre hospital at MPP. Three of the prisoners were transferred to the Queen Mary Hospital by helicopter for further observation. They were all discharged the following day. Other prisoners suffered minor injuries with identified abrasions, bruises and redness on body and limbs. Injury to the two CSD staff was also minor.
8.Of the 19 prisoners who sustained injuries, 11 filed formal complaints about the use of unnecessary force upon them by CSD staff either with the Complaints Investigation Unit or with the Board in the course of its enquiry. Seven CSD officers were identified in particular. The remaining eight injured prisoners either declined to raise complaints with the Board or would have their cases taken up by the Police. Indeed, some of them had denied their involvement and maintained that their injuries had nothing to do with the incident.
9.Following the complaints filed with the Police, the latter has started a criminal investigation into allegations of assault by identified Correctional Services officers upon the prisoners. In order not to prejudice the on-going investigation, and to protect personal data revealed in the Board's enquiry, findings and recommendations by the Board are presented in general terms only.
The Board's findings
10.The Board has taken more than 300 statements from the MPP staff and prisoners, and reviewed the video-tape taken by a CSD officer on the day and relevant documents which could serve as evidence to facilitate the Board*s analysis of the case. The Board has concluded its enquiry with the following findings -
- The use of force by the MPP Correctional Services staff on 27 July 1998 was the minimum necessary and its use was justified in controlling a disturbance involving more than 60 prisoners. In trying to prevent a major group fight between two groups of prisoners i.e. local and II prisoners, the CSD staff had attempted to form a cordon line to stop the advance of local prisoners towards a group of II prisoners. It was when the staff*s intervention had come to no avail and individual officers were under physical attack that it became necessary to apply force to the unruly prisoners. The prison staff had managed to restore order and discipline among the prisoners quickly, hence containing the situation and the number of casualties arising from the incident.
- Although the prison staff on the ground had handled the incident properly and reacted promptly to prevent its development into a major disturbance, the prison management displayed inadequacies in preparing for the potential outbreak between the two groups of prisoners. When there were signs of unrest among the prisoners, the senior management chose to meet to discuss strategy for handling the prisoners, leaving direct supervision of the situation to the junior officers. Furthermore, certain instructions given in preparation for the potential outbreak were not followed through by the management. The Board recommended that the management of the MPP should be admonished for the inadequacies they displayed in preparing for the potential outbreak.
- On the complaints by the 11 injured prisoners against the use of unnecessary force by identified CSD officers, the Board's findings have been referred to the Police. As disclosing the findings now may prejudice the on-going investigation and/or any criminal proceedings resulting therefrom, the findings will not be disclosed at this stage. Nevertheless, there are cases where the conduct of identified staff has been called into question, and where the identified staff was on leave and could not have been involved in the incident. Consideration of any disciplinary action in relation to these complaints will be withheld pending the outcome of the Police's investigation.
In addition to the 11 prisoners, another 67 prisoners have filed complaints with the CSD. They stated that the prison staff were seen to apply unnecessary force to prisoners who had already squatted down. These complaints were not substantiated because there was no corroborative evidence from the statements taken from other prisoners who serve as witnesses to the incident.
Recommendation
11. The Board has made recommendations -
- that the management of MPP be admonished for the inadequacies they displayed in handling the incident;
- that disciplinary action be considered against the prison staff whose conduct was called into question; and
- that disciplinary proceedings under the Prison Rules be taken against some 60 prisoners identified as violating prison discipline during the incident.
12.The Board has also made other recommendations to enhance efficiency of staff in providing operational support during emergency, to review the security grading of the prison, and to improve the prison environment and facilities.
Board of Enquiry
Correctional Services Department
August 1998
