Mr. Limbu's case | Hong Kong Unison

Inquest is not a place of Getting Justice for Victim of Gun-shot Case

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 dismissed 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.

Timeline of the incident
17/03/2009	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.
18/03/2009	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》 (Chinese version only)
23/03/2009	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》 Hong Kong Unison organized a signature campaign among the ethnic minority communities, endorsing the petition letter to the Police Commissioner.
29/03/2009	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.
05/04/2009	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》
09/04/2009	EM-concern parties met with Non-ethnic Chinese Community Liaison Group of HK Police Force to give advices on their operation.
29/04/2009	Reply from the Police on the letter from EM by 3/23
04/05/2009	Hong Kong Police Force response to the advices on 4/9 meeting with Non-ethnic Chinese Community Liaison Group 警務處回應 (Chinese version only)
31/08/2009	The inquest into the killing of Limbu began
01/09/2009	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》
11/03/2010	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》
17/03/2010	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》
25/05/2010	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》
25/08/2010	Mr. Limbu's widow, Rai, obtained legal aid enabling her to seek a judicial review for the hearing process.
22/01/2011	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.

News clips of other media's follow-up

19/03/2009	《轟斃露宿者證本港居民》香港經濟日報 (Chinese version only)
21/03/2009	《尼漢被搶殺團體表不滿》東方日報 (Chinese version only)
30/03/2009	《警槍殺尼漢爆族裔怒潮》東方日報 (Chinese version only)
30/03/2009	《收死亡恐嚇王惠芬續助爭權益》明報 (Chinese version only)
06/04/2009	《少數族裔聯署促警公平對待》東方日報 (Chinese version only)
26/08/2009	《Headset to aid inquest translation》 SCMP
02/09/2009	《Family Call for use of English in cop kill case》 The Standard
12/03/2010	《林寶妻決杯葛死因研訊》成報 (Chinese version only)
	《林寶死因聆訊遺孀拒絕聽審》信報 (Chinese version only)
	《尼漢遭警轟斃案遺孀杯葛死因庭》頭條日報 (Chinese version only)
	《林寶遺孀杯葛死因聆訊》蘋果日報 (Chinese version only)
26/05/2010	《Nepali's widow vows to fight on》 The Standard
	《Widow seeks review after shooting verdict》 SCMP
	《Nepali's death shows up need for rules on police sensitivity》 SCMP
	《尼漢遭警槍殺裁定合法》香港商報 (Chinese version only)
	《死因裁定林寶合法被殺》都市日報 (Chinese version only)
	《尼泊爾漢被警員轟斃陪審團一致裁定合法被殺》 am730 (Chinese version only)
	《死者親屬怒轟不公林寶妻自殘》成報 (Chinese version only)
	《尼漢遭警擊斃判合法被殺》文匯報 (Chinese version only)
	《尼漢遭警轟裁合法被殺》大公報 (Chinese version only)
	《死因庭：林寶合法被殺》星島日報 (Chinese version only)
	《尼漢裁定合法被殺遺孀誓司覆》信報 (Chinese version only)
	《遺孀斥不公險哭暈》明報 (Chinese version only)
	《尼漢被警轟斃裁合法被殺》明報 (Chinese version only)
	《遭警轟斃尼漢裁合法被殺》太陽報 (Chinese version only)
	《尼漢遭警轟斃判合法被殺》蘋果日報 (Chinese version only)
	《警轟斃尼漢裁合法被殺》東方日報 (Chinese version only)
04/06/2010	《死因庭裁定尼漢合法被殺後少數族裔組織接威嚇》蘋果日報 (Chinese version only)
	《協助少數族裔融樂會遭威嚇》明報 (Chinese version only)
	《平機會關注博客辱外族》成報 (Chinese version only)
	《Online race-hate crackdown》 The Standard
	《Watchdog acts over online and e-mail hate messages》 SCMP
26/08/2010	《林寶裁合法被殺遺孀不滿提覆核》文匯報 (Chinese version only)
	《尼漢被槍殺遺孀求翻案》星島日報 (Chinese version only)
	《尼漢妻不滿死因裁決提覆核》香港商報 (Chinese version only)
12/01/2011	《Limbu JR hearing》ATV World News
22/01/2011	《Court quashes Limbu shooting death appeal》China Daily
22/01/2011	《尼漢判合法被殺覆核駁回》成報 (Chinese version only)

Power abuse against ethnic minorities

Issues we are working on:

Individual cases of police power abuse
Follow up on the Limbu Case
Enhance cultural sensibility of Police recruits
Advocate for adding to the Police General Orders and Procedures Manual provisions against racial discriminatory practices

Working Strategies:

Talks at the police college on cultural sensitivity
Community liaison with Yau Tsim Mong Kok Police District
Occasional direct communications with the Police Force
Research

Expected outcomes:

Addition of new provisions in the Police General Orders and Procedures Manual to prohibit racial discrimination in police practices
Regular cultural sensitivity trainings for police recruits and officers
Equal and fair treatments from the police when they deal with ethnic minorities