your rights while being detained/under arrest etcetc...

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  1. #1

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    your rights while being detained/under arrest etcetc...

    so- i was watching a few flicks yesterday, mainly about cops vs. bad guys etc, and it seemed as though there wasn't any real rights for a suspect/perp/ etcetc..


    i.e. back home, it's quite clearcut when one is being detained, what the person's rights are as a citizen, or a person visiting. I know that I don't have to speak, the cops can't make me speak, and i can get a lawyer before anything else. If i'm being detained, then i again i don't have to answer anything. if i'm just being questioned, i can leave..if a cop stops me and asks for ID in the states, there needs to be a reason...he can't just stop me without reason.

    but here...is there anything that tells me what i can cannot do? for example- if a cop tells me that they're doing an id check in a club and tells me to sit down and shut up- what are my rights? do i have none? am i to comply? how far can these guys go? can they tell me to strip nekkid and i'd have to comply!?!?

    if i'm arrested (doubtful, but you never know), what are my rights then... etcetc...


  2. #2
    A-J

    Before getting arrested, the red line is strip search. For that they've to take you to the station. That's why most ppl hide drugs in their undies. The rest is up to them.

    After arrest they give you a piece of paper with your rights written on it. They try to intimidate you as you saw on TV but once you bark back they back off. No one forces you to do anything or no physical abuse.


  3. #3

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  4. #4

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    Btw, Hk police can only rally stop and ID you if they think you could be suspect to a crime that is happening or about to happen.
    Posted via Mobile Device


  5. #5

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    Quote Originally Posted by pin:
    Btw, Hk police can only rally stop and ID you if they think you could be suspect to a crime that is happening or about to happen.
    Not true. See this page linked from the one that Claire gave above.

  6. #6

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    Quote Originally Posted by pin:
    Btw, Hk police can only rally stop and ID you if they think you could be suspect to a crime that is happening or about to happen.
    Posted via Mobile Device
    Not according to this:
    The police and immigration officers also have power under section 17C(2) of the Immigration Ordinance (Cap. 115) to demand any resident in Hong Kong aged 15 or above to produce proof of his identity for inspection. A failure by that person to produce proof of identity as required without reasonable excuse constitutes an offence. It should be noted that this provision does not apply to foreign visitors who are staying in Hong Kong for not more than 180 days.
    CLIC - Police and Crime: Police powers - Under what circumstances can the police stop and question me in a public place? Must I answer their questions?

    Thanks to Claire ex-ax for the links.

  7. #7

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    doh yes, sorry, am wrong. i think got mixed up with when a police officer has the right to stop and question you, rather than requesting ID.

    woops


  8. #8

    Join Date
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    Quote Originally Posted by campas12:
    so- i was watching a few flicks yesterday, mainly about cops vs. bad guys etc, and it seemed as though there wasn't any real rights for a suspect/perp/ etcetc..


    i.e. back home, it's quite clearcut when one is being detained, what the person's rights are as a citizen, or a person visiting. I know that I don't have to speak, the cops can't make me speak, and i can get a lawyer before anything else. If i'm being detained, then i again i don't have to answer anything. if i'm just being questioned, i can leave..if a cop stops me and asks for ID in the states, there needs to be a reason...he can't just stop me without reason.

    but here...is there anything that tells me what i can cannot do? for example- if a cop tells me that they're doing an id check in a club and tells me to sit down and shut up- what are my rights? do i have none? am i to comply? how far can these guys go? can they tell me to strip nekkid and i'd have to comply!?!?

    if i'm arrested (doubtful, but you never know), what are my rights then... etcetc...

    The movies take licence with the rules so that is not a source of what is ok for the police to do.

    In Canada- and I am sure here it will be similar - if you interfere with a peace officer doing his or her duty you can be charged and convicted.

    Or if suspected of being drunk in a public place where I come from you can be put in the wagon "Hold SIPP" which meant Suspected of being Intoxicated in Public and released without charge in the morning. You'd get to spend a few hours or all night in the drunk tank (depending on how belligerent the person was or how drunk) and go home the next day without appearing before a judge.


    Here is what can happen here:

    http://www.hkclic.org/en/topics/poli...owers/q3.shtml

    3. What are the consequences if I refuse to cooperate with the police when they are exercising their powers to stop, question or search me?


    It first depends on whether or not the police have proper legal basis to do the act concerned (see the earlier Q&As as to the circumstances when the police can lawfully stop, question or search a person). If not, then the police officers concerned are not acting in due execution of their duties, and one may refuse to cooperate. If yes, then one must in general cooperate with the police, as it is an offence for a person to assault, resist or deliberately obstruct the police in the execution of their lawful duties (see for example, section 63 of the Police Force Ordinance and section 36 of the Offences Against The Person Ordinance ). The maximum penalty for such an offence is imprisonment of two years.

    Moreover, any Hong Kong resident aged 15 or above who without reasonable excuse fails to produce proof of identity (showing his ID card or passport) for inspection by the police upon demand commits an offence and is liable to a fine of $5,000 ( section 17C of the Immigration Ordinance ).

    However, even if the police can lawfully ask you questions, you have a right to silence and so may refuse to answer any questions posed by the police (except that you may need to provide your name and address to the police).
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    Last edited by Football16; 17-02-2009 at 03:47 PM.