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Following is a reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Ronny Tong on Police's handling of searches of detainees in the Legislative Council today (February 20):
Question:
According to the Police General Orders, the Duty Officer of a police station, or an officer detailed by him, will search a detained person prior to the person being secured in a Temporary Holding Area or cell block, and the search may involve the removal of the person's clothing worn next to the skin ("strip searches"). In this connection, will the Government inform this Council:
(a) whether the responsible police officers are required, when conducting strip searches, to comply with any other guidelines, in addition to the Police's internal guidelines and the Police General Orders; if so, of the details of those other guidelines; who may make the final decision on whether or not a strip search is necessary; and the consequence of a detained person's refusal to a strip search;
(b) whether the responsible police officers will ensure the detained persons' privacy during strip searches; if they will not, of the reasons for that; if they will, of the measures to be adopted (whether such measures include ensuring that police officers or other persons who have nothing to do with the searches will not appear at the places where the strip searches are conducted); and what measures the Police will adopt to ensure that the procedures for strip searches comply with the requirements under Article 28 of the Basic Law and Articles 3 and 6 in Part II of the Hong Kong Bill of Rights Ordinance; and
(c) of the total number of complaints regarding strip searches received by the Complaints Against Police Office of the Hong Kong Police Force and the Independent Police Complaints Council in each of the past five years, and among these complaints, the number of substantiated cases, the number of unsubstantiated cases and the reasons why these cases were found unsubstantiated, together with a breakdown of all the cases by the receiving organisation, year of receipt of the complaint and outcome of investigation?
Reply:
Madam President,
When there is a need for the Police to detain an arrested person, the Police are also under a responsibility to ensure that all arrested persons are kept in a safe environment and the detainees' rights regarding their privacy is properly protected. The Police will strive to achieve a proper balance between these factors when conducting a search on a detained person. Regarding the questions raised by the Member, my reply is as follows:
(a) and (b) Police Officers are required to follow the Police General Orders (PGOs) and the Force's internal guidelines in handling detained persons. Procedurally, a Duty Officer of a police station is required to first arrange to conduct a search on an arrested person to ensure that the person does not possess any item that would assist him to escape or assist others to do so; injure himself or others; destroy or dispose of evidence, or commit further crime, etc.
PGOs stipulate that searches involving the removal of clothing worn next to the skin shall be conducted upon the direction of an officer of or above the rank of Sergeant, and the incident shall be recorded. To respect the detainees' privacy, PGOs also require that searches involving the removal of clothing worn next to the skin shall only be carried out in the privacy of a police station, a police launch or a location providing equal privacy to the individuals to be searched. Under no circumstances will a Police Officer search a detained person of the opposite gender.
The scope of a search is decided in accordance with the prevailing circumstances and the purpose of the search. However, Police Officers are obliged to observe the relevant requirements of the PGOs and internal guidelines when conducting a search. The search arrangement of the Police complies with the Basic Law and the Hong Kong Bill of Rights Ordinance.
Any detained person who refuses to cooperate when he is required to be searched could place himself open to offences, e.g. section 63 of the Police Force Ordinance (Cap. 232) and section 36 of the Offences against the Person Ordinance (Cap. 212) in relation to resisting or wilfully obstructing a Police Officer in the execution of duty.
Police Officer will explain the purpose of a search to the detained person before conducting the search. If the detainee has any concerns about the search, he can make them known to the Duty Officer of the Police Station or the Supervisor of the Police Station. If the Duty Officer or the Supervisor upholds the decision to conduct the search after considering the concerns expressed by individual, and yet the detainee continues to refuse to cooperate, the Police Officer will warn him of the offences he may commit as a consequence of obstructing a Police Officer in execution of duty. The detained person may lodge a complaint with the Complaints Against Police Office (CAPO) if he has any grievance after the search.
(c) In the past five years, CAPO received a total of 41 complaints relating to requests made by Police Officers in conducting searches for detainees to remove clothing worn next to the skin. The number of complaints received each year ranged from six to 14. The investigation results of these complaints were submitted to the Independent Police Complaints Council (IPCC) for examination. Nine cases are currently being considered by the IPCC. Of the remaining 32 cases for which the IPCC has completed its examination, 13 were withdrawn by the complainants, 13 were found "Unsubstantiated", four "Not Pursuable", one "No Fault", and another one was resolved by way of informal resolution.
Ends/Wednesday, February 20, 2008
Issued at HKT 15:00
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