Bullying, Violence and Gangs
Unjust retaliation
Case in Brief:
Sin Yan, a Form 3 student, is one of the top students in her class, but she is often bullied by Chi Chung and his peers at school. One day, Chi Chung threatened Sin Yan to force her to help him cheat on a test, but Sin Yan did not do it. What revenge will she face?
Offences discussed
Q & A
What offences has Chi Chung committed and why?
There is no offence of “bullying”. Charges of assault and/or criminal intimidation, as well as theft and/or criminal damage might be brought against Chi Chung and his friends based upon individual acts directed at Sin Yan. Each act should be charged separately naming the persons involved in that act as defendants.
Showing the paper cutter to Sin Yan and glaring at her when she refused to help Chi Chung cheat in a test, could amount to a “common assault” contrary to Section 40 of the Offences Against the Person Ordinance (Chapter 212). Chi Chung’s conduct is directed at Sin Yan and is hostile to her. If Sin Yan fears the immediate application of unlawful force and Chi Chung intended to bring about that apprehension or was reckless whether it was brought about there, he commits common assault.
Alternatively a charge of “criminal intimidation” contrary to Section 24 of the Crimes Ordinance (Chapter 200) might be brought. Chi Chung’s conduct with the paper cutter is directed at Sin Yan. Chi Chung’s action in taking out the paper cutter and glaring and staring at Sin Yan, would be seen by Sin Yan as a threat of injury. The act was directed at Sin Yan and was intended to alarm her and make her agree to help Chi Chung cheat in a test. This is criminal intimidation.
Taking away Sin Yan’s school bag could be theft if there was intention to permanently deprive her of the school bag. If there was no intention to permanently deprive Sin Yan of the school bag, throwing the school bag into the washbasin filld with water could result in a charge of “criminal damage “contrary to Section 60 of the Crimes Ordinance (Chapter 200).
Criminal damage is committed where a person without lawful excuse destroys or damages property belonging to another intending to destroy or damage that property or being reckless whether the property was destroyed or damaged. Throwing Sin Yan’s school bag into a washbasin full of water will, at least, damage the school bag. Whether or not Chi Chung and his friends intended to destroy or damage Sin Yan’s school bag they were at least reckless whether the school bag was destroyed or damaged.
What conduct would amount to criminal intimidation?
“Criminal intimidation” contrary to Section 24 of the Crimes Ordinance (Chapter 200) deals with conduct which is intended to intimidate. The offence involves threats, either by words or gestures, of injury to the person to whom they are directed, or threats of injury to a third person, for example a family member, or threats of any illegal act. There must be an intention to alarm the person threatened, or to cause that person to do something they are not legally obliged to do or not to do something they are legally entitled to do.
The maximum penalty for the offence upon conviction on indictment is 5 years’ imprisonment. Upon summary conviction the maximum penalty is two years’ imprisonment and a fine of $2,000.
If the court found a person guilty on criminal damage, does he/she have to compensate the victim for the damaged properties?
Courts have power to award compensation upon conviction for criminal damage. Whether or not they will do so depends upon the circumstances of each case and the ability of the defendant to pay compensation.