Chapter 3 (Final chapter)

...

7. BODY SEARCH WITHOUT ARREST

7.1 When can this be done

If you are at a place (example: karaoke/clubs/entertainment outlets) where the Police are conducting a

raid or looking for something (example drugs), the Police may search your body/bags wtihotu arresting

you. This must be done in the presence of a Police Office who is an inspector or of a higher rank.

7.2 What to do

- Do not allow the Police officer to put his hands into your pockets or bags;

- Take out your belongings one by one. Each time, say "Purse", "keys", "ID card", etc.

- When your pockets/bags are empty, turn your pockets/bags inside out.

7.3 Your rights

- a female can only be body searched by a female Police Officer

- All body searches must be carried out with decency (Example: cannot touch your private parts)

- There is no law requiring you to strip naked.

8. BODY SEARCH UPON ARREST

8.1 When Police can do so

- The Police have power to search your body for any object relating to the suspected offence.

- The body search must be conducted in a confined place. It is your right to be bodily searched in

private.

8.2 Type of Body search

The law allows the Police to conduct 4 types of body search: -

1. "pat down" search - act of searching outer clothing

2. Strip search - to search for concealed evidence, object, contraband or weapon. Can only conducted

with the authorization of an officer ranked Inspector and above.

3. Intimate search - to search beyond the mouth, nose and ears. Can only be conducted with the

authorization of an officer ranked Assistant Superintendent (ASP) and above

4. Intrusive search - to determine the existence of objects etc in the body. Must be conducted by

Government Medical Officer or Medical Officer. Can only be conducted with the authority of the

Officer in charge of the Police District (OCPD).

If you are forced to strip naked/threatened if you do not strip naked:

(a) Protest (b) Remember the Police Officer's name (c) Lodge a report after the incident.

9. QUESTIONING BY POLICE AFTER ARREST

9.1 Identity of the Police Officer questioning you

Note the name/rank of the Police Officer questioning you.

9.2 Right to remain silent

The Police Officer will first make friendly conversation/talk (example: ask you about your family and

friends etc). Be polite. Do not be afraid to remain silent. This is your right. Other than giving your

personal particulars, you have the right to remain silent. If you choose the right to remain silent, say

"I will answer in Court".

9.3 Written Statement by you during investigation

The Police Officer will ask you question and then write down your answers. You are only obliged to give

your full name, age, address and occupation (Personal Particulars). The Police cannot threaten or

force you into making statements. If you have been threatened, beaten or forced, lodge a police report

against the Police Officer at first opportunity. This is your right.

9.4 Written statement is not to be used as evidence

Any statement you make to the Police during investigation cannot be used as evidence. But you may use

the statement to support your defence during Trial.

[All the 3 chapters of Redbook is published in conjunction with TANGKAP (Tindakan Anti Penyalagunaan Kuasa Police)]

Well, I hope you don't rely much on what you watched in the Hong Kong series... but this... :)

- end -

Your Rights - Chapter 2

...continue from Chapter 1 -

5. YOUR RIGHTS AFTER ARREST & DURING DETENTION

5.1 Right to consult a lawyer
Once you request for the presence of a lawyer, you have a right to consult the lawyer at Police Station.
The police must accord you a reasonable period of time for the lawyer to meet you and for consultation
to take place. The Police can, however, deny you this right, if the delay in questioning you may cause the
occurence of another crime or cause danger to others.

5.2 Clothing
You are allowed to have one set of clothing on you in the lock-up.

5.3 Personal belongings
The police must record and put all your personal belongings in safe custody. Your personal belongings
must be returned to you upon your release.

5.4 Welfare
You are allowed to take bath two times a day.
If you are sick, you have the right to receive immediate medical attention.
You are to be given proper and adequate food and water during detention.

5.5 How long can the police detain you
The police can only detain you up to 24 hours for investigation.
The duty of the police is to complete investigation wtihin 24 hours and to release you as soon as possible.
If the police cannot complete investigation wtihin 24 hours, the police must bring you before a
Magistrate for a demand order to extend your detention beyond 24 hours ("Remand Order").

6. REMAND ORDER BY MAGISTRATE AFTER ARREST
6.1 Who is a Magistrate
A Magistrate is a judicial officer. He/she has power to make a Remand Order to detain you for more than
24 hours.

6.2 Purpose of Remand Order
It is to give more time to the Police to complete their investigation and decide whether there is evidence
to charge you for an offence.
The police cannot ask for a Remand Order only for the purpose of taking a statement from you.

6.3 How long is a Remand Order
When the Police bring you before a Magistrate for a Remand Order, the Police must give reasons to the
Magistrate why it is necessary to detain you beyond 24 hours.
The Magistrate's duty is to consider carefully the reasons given by the Police.
The Magistrate may order a Remand detention of between 4 to 7 days. The Police may return at the
expiration of this time period and apply for a 2nd Remand Order. For this 2nd Order, the Magistrate may
extend the detention for another 3 to 7 days.
The Magistrate, after careful consideration of the reaons given by the Police, has discretion: -
- not to make a Remand Order; or
- make a Remand Order for a period shorter than that asked by the Police.
The police can make more than one application for a Remand Order. Altogether, you cannot be detained
longer than 15 days.

6.4 What to say when you are brought before a Magistrate for remand
Tell the Magistrate:
- you want legal representation and to contact the LAC and your family;
- you want medical treatment because you are sick or have been beaten;
- if the Police had threatened or beaten you during detention;
- if you had been denied proper food/water/clothing, toilet or necessary medical attention during your
detention;
- whether the Police had carried out any investigation during your detention.

6.5 Ask for a shorter Remand Order from the Magistrate
Before the Magistrate makes the Remand Order, ask for a shorter remand period asked by the Police.
Give reasons (Example: "I will cooperate with the Police in their investigation", "I will be available", etc).

TO BE CONTINUE...

- Chapter 2-

Your rights!

Oh well, I have this file on my computer for years now and I thought I know all the details about it, but I was wrong... so, I think it's good to share it here. However, it is too long...........so, I have to break it into a few post ... what's this about? Well, it's about your rights as a citizen when you are stopped by a policeman.

REDBOOK - English

1. POLICE STOPS YOU

1.1 Not in uniform, ask for identification
Say: "Please, show me your Police authority card".

1.2 Police authority card
Red: Suspended Police Officer. He has no authority to do anything to you. Walk away.
Other colours: Blue: Rank of Inspector and above
Yellow: Below the rank of Inspector
White : Reserve police
Note his name and ID number

1.3 In uniform - Note his name and ID number on his uniform

1.4 Police vehicle - Note the number plate of the patrol car or motorcycle.

2. POLICE QUESTIONS YOU WHEN STOPPED

2.1 Your identification - Only give your name, ID card number and address.

2.2 The police ask other questions - politely ask "Am I under arrest?"

2.3 When you are under arress
You are under arrested if the police:
- tells you "yes";
- does not allow you to leave/want to take you to the Police Station; or
- handcuffs you
if you are not under arrest, you may walk away/refuse to follow him back to the Police
Station or anywhere else, if asked.

2.4 When you cannot be arrested
The police cannot arrest you just because you are a potential witness and want to take a statement from
you (112/Witness Statement).

3. QUESTIONING BY POLICE WITHOUT ARREST

3.1 112/Witness Statement
When the police are investigating a case and think you have information/knowledge about the case, the
police may examine you and take down your answer (112/Witness Statemnt).

3.2 Informal/Formal Request
Most times, the police make an informal request that you give a 112/witness statement. If the place and
time is convenient to you, cooperate. If not, tell the police you will do so at a convenient place. If you
completely refuse to cooperate, the police can issue a formal order in writing, signed by an investigating
office (Police Office) to ask you to cooperate. If you disobey a Police Order, you cannot be arrested.
However, it is an offence and the police may request the Magistrate to issue a warrant against you to
compel you to cooperate.

3.3 Give a 112/witness statement
You have the right to ask a lawyer to accompany you. This is advisable.
In giving a 112/witness statement, you may refuse to answer any question / remain silent
if the answer is likely to expose you to a criminal offence.
- bring along a notebook or writing paper with you (personal notes).
- write down every question asked in your Personal Notes.
- make sure you understand every question asked.
- Take your time and think carefully before writing your answers in your Personal Notes.
- Read your answers to the Police Officer questioning you.
- Keep your Personal Notes for future reference.

3.4 Signing your 112/Witness Statement
Before signing your statement, read the questions and your answers written by the Police Officer carefully.
- Compare the statement you are asked to sign with your Personal Notes.
- You have the right to make any corrections/changes to the statement before signing.
- Sign your signature immediately below the last sentense of your statement.

4. POLICE ARREST YOU

4.1 Ask: "Why am I under arrest?"
An arrest is unlawful if you are not informed of the reason.

4.2 Do not resist an arrest
The Police have the right to use reasonable force to arrest you if you resist.

4.3 Ask: "Which Police station are you taking me to?"
The arresting Police Officer must immediately take you to the nearest Police station and no other place.

4.4 What to do when arrested
You have the right to telephone call top: -
(a) Relatives; (b) Lawyer
You may also call a nearby Legal Aid Centre. Inform them: -
- you have been arrested;
- the time, place and reason of the arrest;
- the Police station you will be taken to

4.5 What happens after arrest
You may be detained up to 24 hours: -
- at the Police Station, or
- in a lock-up to "assist" police investigation.

... TO BE CONTINUE...

- Chapter 1 -

Subject to...

Well, subject to the new counsel to file in notice to change of solicitor in court, it's considered that, my case is over. I have passed all relevant documents to the new counsel and ... let's hope, thing goes well. I was trying my best to my client, but obviously.... I have failed.

Hmm.. well, ... let's hope for the best.

- subject to ... -

Trying...

I have been praying since few days ago.... and I pray ever harder last night during prayer meeting until I forgot what I was suppose to translate for the speakers/the leaders... ya, hence, if some of you were in church last night, you would have discovered that i did a very poor job in translating. Well, it started by Pastor M asking us to pray for ourselves and also cast all our burden to the Lord and there and then, I remember, I need that and I started to pray for myself throughout.

I am still praying this morning, in my sleep, after i woke up, while i was making my coffee, while I was drafting a letter of demand for my client, etc. etc... and I am still praying while I am writing this blog now.

I am praying... seriously besides praying, I am trying not to be afraid to face what's going to happen in 30 mins time later ( I am meeting my client and the counsel who is taking the matter over) , but that's what i am TRYING to do.... But I can't seems to fear less ... I am not sure why. If you ask me if I am not trusting God enough? I wouldn't have said that... I think, I just can't wait for this matter to get over. 30 minutes later I probably free from all these, but 30 minutes later, i might not... I don't know. I am just freaking out...

Well... I will update you what happen later when I get back... for now, please pray for me...

- trying ... -

Fear!

I remember there's one time where my dad passed me a book title, Freedom from fear. Yes, I guess he has discovered that, I am timid.. too much that I need to be set free from feeling fearful almost at ALL time... ! That's when I was around 11 years old that I read the book, trying my very best to overcome it and I did, somehow, show boldness in me.... oh well, at least by appearance, I do looks fierce and bold.

But I think I am so easy to be controlled by fear lately... or rather, it might be like what my brother said, it's not fear, it's just lack of confidence. My brother always think I do not have enough of confidence in me. I guess he's right.

I am not sure if it is fear or lack of confidence.. but I do feel worry and fear now... i.e. no peace. Initially, it's my financial status that caused it, but lately, it's my work. I hate when almost ALL of the cases on my table that cannot be 'solved'. I feel shameful and/or shy about going to court and meeting the same judges / Senior Assistant Registrar again... I do not feel confidence of what I want to do. In terms of the Court system, I seriously have lost 90% confidence in them. I am sure they are NOT going to admit to mistakes they made and blame it on me. I am very much worry about that particular of case. I do hope the other law firm is going to take over from me by tomorrow and thereafter, I shall have no dealings with that client and that matter at all. Hmm.. well, fear... worries...........I don't really have a good mood these days.... because of all these..............

Lord, please help me!!!!!

- Fear! -

Incompetent!

Yes, that's exactly what I feel about myself these few days... especially when it comes to certain file. It seems like, I can never get a case done properly. There's always something 'stuck' in the middle and I always wonder, 'why'? Hmm.. well, being a lawyer, someone said, we are the one always facing difficulties and solving people's problem. In a way, that's correct, but on the other hand, who are we to solve people's problem while we ourselves has so much problem that we cannot even count and solve?

Oh well... it's few days' ago, during Court matter that this opponent of mine has been raising voice to me and telling the court that I have acted negligently, etc. etc. that made me shouted at him once outside the court as to just to REMIND him that he should watch what he is saying and not misleading the Court. That's just before I enter into the chamber again with him. After I REMIND him, I remember an incident happen way back to my first year of becoming a Legal Assistant at this KL firm. On one fine day, I went to Court and I was seriously bullied by my opponent (who was obviously more senior then me) and I ended up have to call my boss, Mr. Sim to come to the court to rescue me. He did as he knows first, I wouldn't have call him if I can handle it. Secondly, he knows how difficult my opponent is after I told him the situation and we were being blamed. He came, he went into the chamber with me after we discussed for a while and he seriously shouted at the opponent in front of the judge and he also put the judge to be witness of what my opponent is saying, etc. I was shocked, but I learned the skills since then.

Few days ago, the same situation happen. I kindly reminded my opponent not to blame us or accused us for things we did not do. He went into the Chamber with me after a short stand down and he started his whatever accusation again and with much controlled, I started my defence... I exercised the skill I have learned few years back ... on this matter. Immediately, he shut himself up from saying more and accordinly, the judge also remind him to be careful of what he is saying.

I can be worse if I want to, if he continues, I will ask the Judge to put on record on every words he said and with my reply to be recorded as well. But of course, i did not.

Apart from that, I felt so incompetent when he shouted and told me I cannot bring the matter to trial. While, after that, only after I talked to many others who confirmed with me that I can. Well... I am not sure what makes me BELIEVE what he said then... hence, I just feel so incompetent... I can actually being so lack of confidence in myself and my understanding and my knowledge.... that I lost my stand after they told me so. I wonder what's wrong with me....

Haiz... I think it time for me to figure out what happen to myself. Yeah.. exactly, I got bullied! Yup, me.... if you still thinking if I am talking about me... Yes, I am.. it's me, kena bullied. Believe it!

- incompetent! -

Not informed!

I hate not being informed when I am a party to it. Well, it's terrible when your opponent has deliberately not inform you when they came to know about the date for the hearing/mention/decision. Whatever it is, ... I think I am not happy about not being informed by the Court of a hearing date/mention date/decision date. Come on. I am the Plaintiff's solicitor and the court informed the Defendant's solicitor but not the Plaintiff's solicitor? What is this? Do you call this justice? I do not want to have the impression that the court and the defendant's lawyer is having something behind... but I just can't help it when it's not once, but twice that this same kind of situation happen to me/to us, the same firm.

First, I was not informed by the Court that the matter is bring brought forward and the trial date is on the day of my application to discharge myself. It's trial date, not mention. The matter was called first before any other case and the court doesn't allow my application to adjourn the trial date to 1 or 2 days later. The trial continues without me preparing it. Now, for today's matter, upon various letters sent to the Court asking for a short date for a decision to be delivered, the court DISREGARDED my request a few times. I called, everyone just told me to wait for the NOTICE OF HEARING. I asked to look at the court file at last and realised, the decision was not delivered but the file is CLOSED. I talked to the interpreter who spoke to the Registrar and today is fixed for mention. I went to the Court and was informed by my opponent that the decision was delivered sometime in April last year. Both the registrar and I opened our eyes big enough, disbelieved what he just told the court. There's no record of the proceeding took place, there's no order filed by the Defendant (if he claims the decision was delivered to him) and it's just shocking to know that.

Upon standing down the matter and searching for the answer to find out what exactly happen, the only thing the court told me is that, there's a miscommunication. VERY CONVENIENTLY ... that's the explaination and what I need to do now is the file for leave to appeal the matter in the Court of Appeal. How convenient this happen. My opponent, not knowing what's in his mind told the Court he wants to object to it. He still has the gut to wanting to object to it. I am prepare for his objection of course, but the Registrar asked him on what ground he wants to object?

Well, I am not happy with NOT BEING INFORMED of a date. Did the Court together with my Opponent tried to concealed the information from me deliberately? I don't want to know. I don't even want to think about it. If I do, I am insulting this Court and I can be held contempt. But, I just want to know why am I not being informed? Why did all my letters being ignored?

I am upset. Seriously!

Worse still, while I was waiting in Court this morning, I met someone who asked me if the trial last week went through.... well, no doubt, she's one of those who heard me raising that question to the Judge in open court last week, telling the Court I was not informed. I told her the trial went on and she told me she couldn't believe the court made such a mistake. Well, I didn't gave her another bad impression on Court by telling her I was in court this morning also for the same thing, that I was not informed again!!!!!!!

Please note, these 2 incidents happen no in the subordinate court, it's the HIGH COURT!

Of their mistake, who end up doing more works? Me.... the lawyer... but the injustice caused not because of other things but 'administrative' issue in the Court. I am seriously disappointed and upset!

- Not informed! -

Robbed!

I am not sure how things happen, but it happens to me... oh well, friends said, "impossible things happens to me anyway". So... ya... first incident was a year or two ago where I went to the ATM and key in RM300 and the next day, I open my wallet and only then I realise, there's no RM300.00 in the wallet but the transaction slip is in the wallet showing that I have taken out RM300.00. So.... where's the RM300.00? Don't ask me. I don't know. I can't recall... I was in a serious deep thought when I was withdrawing money, that's all I remember... Hmm...

This incident that happen last Saturday... happen where I also withdraw an amount of money and after I got the money in my hand, I folded it into half and put inside my pocket until I was in a money changer, I took out the exact same stack of money and pass to the money changer personnel and ... I realised, there's RM100.00 is missing. Now, it's still unknown to me how did the RM100.00 is gone.

"Something" must have robbed me... hahaha.... VL and DY have been telling me, I must thank God it is only RM100.00. Well, I lodged a report with HSBC as I really think it is during the withdrawal that it has given me RM100.00 less but they have called me today and told me, so far, the machine shown that the account is correct. They will do further investigation and see if I have taken all the cash and not leaving one piece of RM100.00 in the machine or on the floor. Hmm...

So, ya..... things like this is happening to me... haiz.....!!!!!!!!

- Robbed -