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Information on death on 8th May 2020

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Dear Hong Kong Police Force Crime Kowloon West Region,

Are you able to release the name and can you share any statements and information about the non-Chinese man who died on the 8th of May 2020 after being detailed by the police on Nathan Road om the 7th May? According to the media you are the unit handling the case. See more here:

https://www.scmp.com/news/hong-kong/law-...

Yours faithfully,

Scott Edmunds

Hong Kong Police Force Crime Kowloon West Region

Dear Mr. EDMUNDS,

        Regarding your email was received by this office on 8 June 2020, I
set out below our reply for your information please.

        At around 1700 hours on 7th May 2020, officers of Yau Tsim
District received a report from passersby about a South Asian male
throwing glass bottle at a private car moving along Nathan Road and
pushing over a motor cycle at Nathan Road.  Upon receipt of the report,
officers swiftly intercepted the male for enquiry.  During which, the male
assaulted the officers.  With the assistance of other passersby, officers
eventually subdued the male and brought him onto a police vehicle for
further enquiry.  The male was found in possession of a packet of
suspected drug.  He was arrested for ‘Criminal Damage’, ‘Possession of a
Dangerous Drug’ and ‘Assaulting a Police Officer’.  The male felt unwell
and was conveyed to Queen Elizabeth Hospital for medical treatment
immediately.  He was later certified dead on 8th May 2020.

        The case is currently investigated by Kowloon West Regional Crime
Unit.  An autopsy was conducted on 13th May 2020 with no bone fracture nor
organs rupture discovered.  A full investigation report including the
cause of death and the course of interception, will be submitted to the
Coroner for further deliberation.

        Regarding the particular of the Deceased, your request for
disclosure is declined under the Code of Access 2.15.

        Should you have  further enquiries regarding this case, please
contact Mr Andy HO at 3661 8252.
Best Regards,

Ms Grace CHAN
REO ADM KW
Tel: 3661 8062
Fax: 2761 0085

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

"Scott Edmunds" To: "FOI requests at Hong Kong
<[FOI #483 email]> Police Force Crime Kowloon
West Region"
  <[Hong Kong Police Force Crime Kowloon West Region request email]>
2020-06-08 11:27 Cc:
Subject: Freedom of Information
request - Information on
Reference: death on 8th May 2020

--------------------------------------------------------------------------

Dear Hong Kong Police Force Crime Kowloon West Region,

Are you able to release the name and can you share any statements and
information about the non-Chinese man who died on the 8th of May 2020
after being detailed by the police on Nathan Road om the 7th May?
According to the media you are the unit handling the case. See more here:

[1]https://www.scmp.com/news/hong-kong/law-...

Yours faithfully,

Scott Edmunds

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #483 email]

Is [Hong Kong Police Force Crime Kowloon West Region request email] the wrong address for Freedom of Information
requests to Hong Kong Police Force Crime Kowloon West Region? If so,
please contact us using this form:
[2]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://www.scmp.com/news/hong-kong/law-...
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers

Dear Hong Kong Police Force Crime Kowloon West Region,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Hong Kong Police Force Crime Kowloon West Region's handling of my FOI request 'Information on death on 8th May 2020'.

My request for disclosure about the death of an unnamed individual on the 8th May was declined under the Code of Access 2.15, which specifically is "Privacy of the individual". Under the Hong Kong PDPO, “personal data” is defined as data which relates to a living person. As the person is now deceased this exemption should no longer apply. The same exemption applies in other jurisdictions, such as under the European GDPR, Recital 27, that maintains that information relating to dead individuals is not subject to the rules of the Regulation. The sharing of this information is important to the public interest, and no harm or prejudice can result from this disclosure. I and others would like to give the deceased the respect of having a name and somewhere to leave flowers and other forms of memorial. Without this they do not even have the dignity of their life and existence even being acknowledged.

With this in mind I would also like to ask has the family of the individual even been informed, and have they specifically requested this privacy? What is the nationality and ethnicity of the deceased individual, as have attempts also been made to contact their family if there are abroad? If nothing is communicated about the deceased for all I know I or anyone could be a relation or friend. As if the family and wider community have not been informed then they are not being protected, and the only harm they are potentially being exposed to is lack of disclosure of this important information.

Finally does the deceased have a place of burial as I would also like to leave flowers in remembrance?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/informa...

Yours faithfully,

Scott Edmunds

Hong Kong Police Force Crime Kowloon West Region

Dear Mr. EDMUNDS,

        I acknowledge receipt of your email which was received by this
office on 23 June 2020. Your request for the internal review on  the
access to the subject information is being processed and you will be
informed of the result in due course.
2.        If you have any further enquiries, please feel free to contact
the undersigned at 3661 8062 or Mr Andy HO at 3661 8252.
Best Regards,

Ms Grace CHAN
REO ADM KW
Tel: 3661 8062
Fax: 2761 0085

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

"Scott Edmunds" To: "FOI requests at Hong Kong
<[FOI #483 email]> Police Force Crime Kowloon
West Region"
<[Hong Kong Police Force Crime Kowloon West Region request email]>
  2020-06-23 15:17 Cc:
Subject: Internal review of Freedom
of Information request -
Reference: Information on death on
8th May 2020

--------------------------------------------------------------------------

Dear Hong Kong Police Force Crime Kowloon West Region,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Hong Kong Police Force Crime
Kowloon West Region's handling of my FOI request 'Information on death on
8th May 2020'.

My request for disclosure about the death of an unnamed individual on the
8th May was declined under the Code of Access 2.15, which specifically is
"Privacy of the individual". Under the Hong Kong PDPO, “personal data” is
defined as data which relates to a living person. As the person is now
deceased this exemption should no longer apply. The same exemption applies
in other jurisdictions, such as under the European GDPR, Recital 27, that
maintains that information relating to dead individuals is not subject to
the rules of the Regulation. The sharing of this information is important
to the public interest, and no harm or prejudice can result from this
disclosure. I and others would like to give the deceased the respect of
having a name and somewhere to leave flowers and other forms of memorial.
Without this they do not even have the dignity of their life and existence
even being acknowledged.

With this in mind I would also like to ask has the family of the
individual even been informed, and have they specifically requested this
privacy? What is the nationality and ethnicity of the deceased individual,
as have attempts also been made to contact their family if there are
abroad? If nothing is communicated about the deceased for all I know I or
anyone could be a relation or friend. As if the family and wider community
have not been informed then they are not being protected, and the only
harm they are potentially being exposed to is lack of disclosure of this
important information.

Finally does the deceased have a place of burial as I would also like to
leave flowers in remembrance?

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://accessinfo.hk/en/request/informa...

Yours faithfully,

Scott Edmunds

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #483 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://accessinfo.hk/en/request/informa...
2. https://accessinfo.hk/en/help/officers

Hong Kong Police Force Crime Kowloon West Region

Dear Mr. EDMUNDS,

        The stipulations in Code of Access 2.15 clearly explain the
handling of the deceased's particulars and the processing of your request
has complied with these stipulations.

        The deceased's family has been fully informed of the incident and
has already indicated that their privacy, including that of the deceased,
should be respected and protected.  

        If you are unsatisfied with the review decision, you may lodge a
complaint with The Ombudsman. If you have any further enquiries, please
feel free to contact the undersigned at 3661 8062 or Mr Andy HO at 3661
8252.

Best Regards,

Ms Grace CHAN
REO ADM KW
Tel: 3661 8062
Fax: 2761 0085

*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***

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We don't know whether the most recent response to this request contains information or not – if you are Scott Edmunds please sign in and let everyone know.