HK Police - your rights?

[pin]

Hi

I don't want to jump to any conclusions, so the question first.

Basically what are the rules (or where can I find them) over HK police being allowed to stop people on the street.

Thanks!

[KnowItAll]

A couple of good starting points

Hong Kong Police Home Page (Text only) - Residents

and

Hong Kong Police Home Page -- General Enquiries (operating manulas)

[ontheroad]

It's the same sort of "stop and search" powers the UK police have.

[PDLM]

One big difference here of course being that you are legally required to carry ID (meaning your HKID card if you are a resident) with you at all times and produce it for a police officer on demand.

[pin]

It's the same sort of "stop and search" powers the UK police have.

i've had a very quick look at the HK police right to stopping and questioning someone and the HK rights are not near the UK stop and search rights, they are very much two different kettles of fish, esp in terms of your rights.

From KIA's link in HK "a police officer has a general power to stop and question any person behaving suspiciously. Whilst doing so he may demand proof of identity, conduct computerised enquiries and search for weapons or drugs".

Naturally the problem is defining "behaving suspiciously". Now is walking down Hollywood Road at 10.30pm on a Monday evening to go to a friend's house deemed as "behaving suspiciously"?

[Claire ex-ax]

If you want chapter and verse (well Section), it's Cap 232, Sec 54. You can check it out on BLIS.

[PDLM]

And the guidelines if you are considering a complaint are here: http://www.police.gov.hk/hkp-home/en...po/Pol_679.doc

with the online form to do so here: https://secure1.info.gov.hk/police/e...instPolice.htm

[KnowItAll]

Claire - Just having that memorized is suspicious enough.

pin - we all know that "behaving suspiciously" is a bit like porn "I know it when I see it" ( I know it when I see it - Wikipedia, the free encyclopedia )

[PDLM]

Naturally the problem is defining "behaving suspiciously". Now is walking down Hollywood Road at 10.30pm on a Monday evening to go to a friend's house deemed as "behaving suspiciously"?

How can we tell? If you had a knife or a joint in your hand then I guess so. Or if someone fitting your description had been reported committing a crime nearby...

It is the police officer's job to make that call. If the police get significant numbers of complaints against specific officers then I'm confident they would take action.

[chimo]

You must by law carry your ID card (or passport if tourist) at all times.

You also must present your ID card when asked by police or immigration officers.

They also have the right to search you. Refusing is not against the law (as long as it is non-physical). However, then they have to right to detain you and search you if you do refuse.

If you are at home or at work and the police knock on your door, you don't have to open the door or even answer them (assuming they do not have a warrant signed by a judge or magistrate). However, Immigration Officers can enter without a warrant if they suspect an immigration offence.

Immigration Officers have more power than police officers.