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 -