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F. Questions and Answers

10. Are the police allowed under the Public Order Ordinance to use force greater than objectively necessary and reasonable to enforce the Ordinance?

No. Although section 53 of the Public Order Ordinance provides for the indemnity of any person acting in good faith under the provisions of the Ordinance for any civil and criminal liability, that indemnity is subject to the restriction on the use of force as stated in section 46, which stipulates that the degree of force which may be used shall not be greater than is reasonably necessary for the lawful purpose. Otherwise, the police officers who use excessive force may be criminally and civilly liable.

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