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Following is a written reply by the Secretary for Security, Mr Ambrose S K Lee, to a question raised by the Hon Emily Lau in the Legislative Council today (July 2):
Question:
It has been reported that at the end of May this year, a female domestic helper was suspected of theft and was strip-searched by a policewoman at her employer's dwelling. On the other hand, the authorities stated in their letter dated June 12 to the Panel on Security of this Council that the new guidelines and procedures for conducting searches of detainees would make it explicit and clear that "a search involving the removal of underwear should not be conducted as a matter of routine but only in circumstances with strong justification", and that "a search involving the removal of clothing should be conducted with proper regard to the privacy and dignity of the detained person and in accordance with our human rights obligations". The authorities said that they would provide a copy of the new guidelines and information on the improved arrangements to the Panel at the end of June, and implement the new guidelines and the improved procedures in July. In this connection, will the Executive Authorities inform this Council:
(a) whether they have investigated why the policewoman mentioned above strip-searched the female domestic helper at the her employer's dwelling, including whether the policewoman conducted the strip search "as a matter of routine";
(b) of the details of the new guidelines and procedures;
(c) what measures the Police will take to ensure that all police officers are aware of and will comply with the new guidelines and procedures; and
(d) whether the Police will take disciplinary actions against those police officers who have not complied with the new guidelines and procedures in conducting body searches; if so, of the details?
Reply:
Madam President,
(a) The Complaints Against Police Office of the Hong Kong Police Force earlier received a complaint related to the case referred to in the question raised by the Member. As investigation work is still underway, it is not appropriate for the Administration to comment on the incident at this stage.
(b) After review and after discussion with the Legislative Council Panel on Security, in June 2008 the Police revised the procedures for the conduct of searches on detained persons contained in the Police General Orders and the Force Procedural Manual. In addition, the Police also drew up a set of new guidelines. The new guidelines not only set out the provisions and guidelines related to the human rights and entitlements of detained persons to be searched, but also clearly stipulate the information required to be recorded by the responsible Duty Officer (including the reason(s) for searching the detained person, the factor(s) to be considered when determining the scope of the search as well as other factual information). The new guidelines and the associated arrangements were implemented from July 1, 2008.
The Administration provided the new guidelines and the revised procedural documents to the Panel on Security on June 27. The Annex sets out the gist of the new procedures.
(c) In mid-June 2008, the Police management briefed the Operation Support Sub-unit Commanders and Duty Officers responsible for supervising the conduct of searches on detained persons on the new arrangements for searches to be conducted on detained persons. In addition, the Force issued the revised Police General Orders, the revised Force Procedural Manual and the new guidelines to all frontline police officers on June 23, 2008. Prior to the implementation of the new arrangements on July 1, 2008, all frontline commanders briefed officers under their command to ensure that all frontline police officers are familiar with the new arrangements and will comply with them.
(d) Starting from July 1 when the new arrangements took effect, police officers must strictly comply with the requirements of the new arrangements when they conduct searches on detained persons. If any officer is found to have contravened the requirements stipulated in the revised Police General Orders, the revised Force Procedural Manual or the new guidelines, the Police will take disciplinary action in accordance with established procedures.
Ends/Wednesday, July 2, 2008
Issued at HKT 15:26
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