HK Police - your rights?

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  1. #21

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    I used to live just off Hollywood Road and saw people getting stopped along there all the time especially just in front of the old police barracks. Mainly younger Chinese but based on my own experience it could be anyone so don't feel singled out.

    One night I had been out with a friend, 30's Chinese male that grew up local and business wise has his fingers in alot of pies here whereas I'm 30's blonde female - fresh off the plane at the time.
    He lives just above where the 7/11 is so we had stopped to say goodbye and I had 5 mins left to walk. He spotted the police just ahead by the wall in front of the barracks and pulled me back and into an alley and made me show him that I had my ID with me before he would let me go on and said he would watch me till I had passed them so he fully expected me to get stopped.

    I wasn't stopped but he called as soon as I was past them said he didn't walk with me because it would increase my chances of getting stopped. He said the police can and will stop anyone and pick on younger people because they are more compliant and less likely to complain allowing them to get their quota for the night.


  2. #22

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    Quote Originally Posted by pin:
    Well I've now been stopped twice and asked for ID (which I have always carried). While it isn't nice re being stopped and showing my ID, its their job, that is fine, and I have nothing to hide.

    Its the questions I have been asked on both occasions. Samples include:

    - Where do you live
    - Where are you going
    - What job do you have (and they look very surprised at my response)
    - Are you going to work tomorrow (which I have no idea why they are asking me that)
    - Oh you have lots of money with you (I had 6 HK$100 bills with me)
    - Where are you from
    - Will you leave HK once your contract has expired
    - When did you arrive to HK

    Reading the ordinance, seems they can stop me and ask for ID, however it doesn't say anything about asking such questions, unless I guess they are suspicious that I have or will commit a crime. However, why would the above questions help them determine if I have or will commit a crime?
    Actually, you make a very valid point with these questions. Assuming they have the right to stop you to ask you for your identification and you give a HKID card to them, why do they need to ask any further questions. I would suggest that they have no right to ask these questions - of course have nothing to prove it, but Hong Kong is a (fairly) free society, so you should be able to go whereever you please and it is none of their business.

    I would also like an answer to this. Someone must know. Although, just because it is the law, doesn't mean the foot-soldier knows the law - that is when it could get a little more difficult.

  3. #23

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    OK, so it seems to be a tiny bit of an issue, and I wasn't over reacting to my post.

    Some clarification.

    First time I got stopped, around November time, was in LKF on a weekend night out. Was on my way from one bar to another when a plain clothed officer stopped me and showed me his badge (he was backed up with uniformed police).

    Second time on Monday evening on Hollywood Road (Sheung Wan end) on my way to a friends house.

    Both times I was dressed decently. First time, in shirt and jeans. Second time in polo shirt and jeans.

    Both times got asked the various questions, which according to the Police Ordinance, seem totally inappropriate. Sure they can ask me questions, but these questions need to be related to suspicions of me committing or about to commit a crime (asking questions, for example, about whether I'm going to work the next day, I'm not sure amount to that).

    KIA, I should add, that after I told them what I did, they became more cordial and less confrontational to me. I should point out I was totally polite to the police and co-operated completely.

    I am worried that if I start kicking up a fuss with the police next time I get stopped and tell them they are overstepping the mark in what they are asking, they will just bundle me in a police van, take me to the station and eventually my work visa will get revoked.


  4. #24

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    I was once stopped on Victoria road between Upper and Lower Baguio Villa. After visiting my girlfriend (for dinner) in lower Baguio Villa, I was waiting at the bus stop for a minibus. It was about 21:00-2130. A police man on motorcycle drove by heading for lower Baguio, then made a U-turn and stopped by asking for ID. The reason was someone at upper Baguio Villa complainted of suspicious persons.
    Not that I have a problem with the reason. But I was standing at a busstop in very proper attire (suite actually, it was my first day at work that day) and no dyed hair. If you know the area the busstop is quite a distance from Upper Baguio in my perspective. I was asked what I was doing here, where I've been. For what company do you work; can you show me your company work ID;where do you live, ect....all noted down. I was kinda in shock being profiled as a suspicious person . It has never happend since then (about 10 yrs back).

    Last edited by RayHKG; 14-05-2008 at 11:13 AM.

  5. #25

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    >> Both times got asked the various questions, which according to
    >> the Police Ordinance, seem totally inappropriate.

    Then tell them that. I would, I were asked such questions.

    I'd ask them to put me on caution if they want to ask you further questions.

    God knows the cops are lazy enough where they cant be bothered to deal with people who know their rights, as it means more paper work for them.


  6. #26

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    Quote Originally Posted by KnowItAll:
    >> Both times got asked the various questions, which according to
    >> the Police Ordinance, seem totally inappropriate.

    Then tell them that. I would, I were asked such questions.

    I'd ask them to put me on caution if they want to ask you further questions.

    God knows the cops are lazy enough where they cant be bothered to deal with people who know their rights, as it means more paper work for them.
    just concerned i would risk losing my work visa.

    am just concerned the cops here will ride rough shot if i try to challenge them, and i would have no recourse.

  7. #27

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    The po lice must be eavesdropping as last night after simply eons-I was asked for my identity document.
    This was just before midnight in Shek Tong Shui and I had just nipped out to the 7-11.

    With an air of bravado I asked if he really wanted to see the card or would the number do.

    This got the cop all hot and bothered

    'YOU DON'T HAVE ID CARD'
    'YES I DO BUT NOT HERE'

    'YOU DON'T HAVE ID CARD'
    'YES I DO BUT NOT HERE'

    'YOU DON'T HAVE ID CARD'
    'YES I DO BUT NOT HERE'

    This went on for a while and then I told him to wait there while I went and got it from home, AND HE LET ME!!!

    On my return he apologised for the trouble and then ask me one question.

    'How old are you?'

    Hilarious.


  8. #28

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    Pin: There is no chance you are going to lose your work visa for asserting your rights. I've been searched once in the three-and-a-half years since I moved back to HK, and it was by detectives in LKF. It might help to print out copies of the related ordinances to show the cops on the street.

    You can always do the American thing and record any interaction you have with the police on your mobile phone/MP3 player. I just read about some kid in NY doing just that (he was a murder suspect and recorded the interview on the MP3 player he had in his pocket) and the cop who questioned him got hit with 12 counts of perjury for lying in court. I think US law now prohibits people from recording police officers who are performing their duty, but there's nothing on the HK books to prevent you from doing so.

    Last edited by jayinhongkong; 14-05-2008 at 11:09 PM.