警權過大？

Policeman kills double amputee 'armed' with pen

HOUSTON: A US police officer has shot and killed a one-armed, one-legged man in a wheelchair after the double amputee waved a metal object that turned out to be a pen.

Police spokeswoman Jodi Silva said the man cornered the officer at a group home on Saturday and was making threats while trying to stab the officer with the pen.At the time, the officer did not know what man was waving, Silva said.

She said the man came "within inches to a foot" of the officer and did not follow instructions to calm down and remain still.

"Fearing for his partner's safety and his own safety, he discharged his weapon," Silva said.

Police did not immediately release the name of the man who was killed.

They had been called to the home in Houston, Texas, after a caretaker there reported that a man in a wheelchair was causing a disturbance.

The owner of the group home, John Garcia, told the Houston Chronicle that the man had a history of mental illness and had been living at the house about 18 months.

Garcia said the man had told him he lost a leg above the knee and one arm when he was hit by a train.

"He sometimes would go off a bit, but you just ignore it," Garcia told the newspaper.

Silva identified the officer as Matthew Jacob Marin, a five-year veteran of the department.

He was immediately placed on three-day administrative leave, which is standard in all shootings involving officers.

Houston police records indicate that Marin also fatally shot a suspect in 2009.

Investigators at the time said Marin came upon a man stabbing his neighbour to death at an apartment complex and opened fire when the suspect refused to drop the knife.

AP  (23/9/2012 Sydney Morning Herald)

明報報導警監會主席翟紹唐資深大律師，昨日在無綫電視節目《講清講楚》中表示，不認為本港警權過大，認為警民衝突雙方均有責任。翟紹唐屬政府「御用」的大律師，代表政府打官司多不勝數，他對警權的評價是否中肯呢？

警權的大小，究竟用甚麼準則來衡量，我真的不懂。「大」「小」基本上是相對的概念，可以用比較來衡量，用香港以前的情況和現在比，用現在的情況和外國比。毫無疑問，近20年的警權必定比以前縮小了，那是隨着廉署成立，警察的新思維建立新形象，為確保97過渡，穩定民心而訂立人權法，個人權力抬頭及終審法院一連串開明態度的裁決，都是直接影嚮的因素。

如果和外國比，當然要以標榜人權民主的老大哥美國來比。我們要從法律條文(statue)裏界定警察執行職務時的權力，拘捕時使用的武力及使用武器的指引以作衡量。認真的這樣比較，要以寫法律學術論文的態度去做，我沒有這能力。上面這則美國新聞，以及我以前寫過的當自由神閉上眼睛的時候----從Florence案看美國人權 及過分武力 Excessive Force ，清晰表達我的看法。要客觀討論這課題，就不要把香港選舉制度及特首怎樣選出來混為一談，那是先天的缺陷。也不要膜拜偶像，否則變成跟錯大佬吹錯鷄。

至於中國大陸，就不談也罷，一個法治不彰，只靠黨治人治的地方，「權」其實是「拳」的白字，老百姓只有挨打的份兒。住在香港，不要身在福中不知福。