Bullying, Violence and Gangs
Mandatory Helping Hand
Case in Brief:
Sze Man, a Form 4 student, always picked on Ka Ka, a Form 1 student. Sze Man asked Ka Ka to give her some money and a birthday present, but Ka Ka kept refusing Sze Man’s requests, what would happen to Ka Ka?
Offences discussed
Q & A
Has Sze Man committed blackmail by asking Ka Ka for money? If Sze Man only humiliates Ka Ka and makes her feel depressed, does that amount to blackmail?
Blackmail contrary to Section 23 of the Theft Ordinance (Chapter 210) is the making of an unwarranted demand with menaces. It is unlikely that disparaging remarks such as “poor guy”, without more, will amount to the menaces required for a conviction for blackmail.
Sze Man’s warning to Ka Ka to be careful when she went home and the claim that she would get someone to rob her could be seen as reinforcing the request for money despite Ka Ka’s refusal. Robbery is theft accompanied by the use of force or the threat of the use of force in order to steal and at the time of stealing. In context, Sze Man’s words may be seen as intended to frighten Ka Ka into giving her $100, despite the initial refusal, and amount to menaces within Section 23 of the Theft Ordinance (Chapter 210).
Alternatively Sze Man’s remarks about getting someone to rob Ka Ka on her way home, may amount to criminal intimidation contrary to Section 24 of the Theft Ordinance (Chapter 210). Those remarks come after Ka Ka has refused to pay her $100 and may be a reaction to that refusal. The reference to getting someone to rob Ka Ka is the threat of an illegal act. It is directed at Ka Ka and is intended to alarm her. In context Sze Man’s remarks go beyond idle words or expresses of anger. There is criminal intimidation.
Is it blackmail if I ask someone to give me present but not asking someone to give me money?
Blackmail contrary to Section 23 of the Theft Ordinance (Chapter 210) is the making of an unwarranted demand with menaces. Section 23(2) of the Theft Ordinance (Chapter 210) states that the act or omission demanded is not material. If there is an unwarranted demand with menaces it makes no difference whether money or something else is the subject of the demand.
What conduct would amount to false imprisonment? If the victim was locked up for only a very short period of time, would that amount to false imprisonment?
False imprisonment is a common law offence. False imprisonment occurs where a person is totally and unlawfully prevented from leaving the place where they are.
Sze Man has committed the offence of false imprisonment. Ka Ka has been unlawfully imprisoned. She was totally prevented from leaving the storage room. Sze Man had no lawful authority to lock Ka Ka in the storage room nor did Ka Ka consent to being locked in the storage room.
As false imprisonment is a common law offence, the maximum penalty is 7 years imprisonment and a fine according to Section 101I of the Criminal Procedure Ordinance (Chapter 221).