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LCQ3: Rights of individuals assisting in Police investigations
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    Following is a written reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Joseph Lee on the rights of individuals assisting in Police investigations in the Legislative Council today (February 27):

Question:

    Regarding the arrangement that members of the public are interviewed alone by police officers in individual interview rooms in police stations, will the Government inform this Council:

(a) of the number of complaints received by the Government in the past three years from members of the public alleging that they had been threatened and assaulted by police officers in the above interview rooms, and among them, the number of substantiated cases;

(b) how the Police monitor the proceedings of the above individual interviews; whether the installation of closed-circuit television surveillance system in those interview rooms is required; if not, of the reasons for that; if so, whether the activation of such surveillance system during the interviews is required; if not, the reasons for that; and

(c) how the Government protects the human rights of members of the public being interviewed alone as aforementioned?

Reply:

Madam President,

(a) The location at which police officers interview individuals assisting in investigations depends on the circumstances; such interviews are not necessarily carried out in the interview rooms in police stations. This notwithstanding, the Complaints Against Police Office (CAPO) does not keep statistics on complaints concerning allegations made by members of the public or any individuals assisting in Police investigations that they had been threatened or assaulted by police officers in the interview rooms in police stations.

(b) & (c) All Divisional Commanders are under a duty to ensure the safety of all individuals assisting in Police investigations in police stations. The Force has in place internal guidelines on how police officers should interview individuals assisting in Police investigations, and provides training to police officers to enhance their understanding of how the rights of those who assist in investigations should be suitably protected. Posters and notices are displayed in all interview rooms in police stations, informing individuals assisting in Police investigations of their rights, including the right to notify relatives and friends as well as the right to meet privately with a solicitor.

    Currently, some interview rooms (72 in total) in police stations have installed video-recording and live-video link equipment for conducting video-recording of interviews in more serious cases. Examples include cases where trial is reasonably expected to take place at either a District Court or the Court of First Instance, the offence involves a penalty of imprisonment of five years or more, or the nature of the crime may involve significant public interest.

    Police officers must strictly abide by the law (including laws concerning the protection of human rights) in the execution of their duties. Through training and effective staff supervision, the Force ensures that police officers conduct interviews with individuals assisting in Police investigations in accordance with the relevant requirements. The Force also reminds its officers from time to time that improper exercise of their power may have disciplinary or even legal repercussions. If any individual feels aggrieved after being interviewed by the Police, he could lodge a complaint with CAPO. To ensure that the complaints are handled impartially, CAPO's investigation reports are submitted to the Independent Police Complaints Council for examination.

Ends/Wednesday, February 27, 2008
Issued at HKT 16:44

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