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Following is a question by the Hon Martin Lee and a reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (May 17):

Question:

On the 20th day of last month, some students who participated in the procession and petition organized by the Hong Kong Federation of Students were interrogated and had their identity cards inspected by police officers on the street and inside Mass Transit Railway stations immediately after the petition was over. In this connection, will the Government inform this Council:

(a) of the purpose of and use for the Police's interrogating the participants of the procession and petition and inspecting their identity cards;

(b) of the criteria the Police adopts for random checking the identity cards of members of the public in public places; and

(c) how the Police handle the personal data obtained from stopping and inspecting the identity cards of members of the public in public places?

Reply:

Madam President,

(a) According to the Police's records, two plainclothes officers stopped and requested to check the identity cards of two females at the junction of Wellington Street and D'Aguilar Street at around 7 p.m. on 20 April 2000. The checks were made solely because the officers suspected the females to be illegal immigrants. The officers were on anti-burglary patrol at that time. They did not see any loudhailers being carried by the two females. Nor did they notice any signs or placards carried by them which might indicate their participation in the demonstration organized earlier by the Hong Kong Federation of Students. They asked to check the identity cards of the two females who later claimed to have participated in the demonstration. The ID Card checks in question were totally unrelated to the earlier demonstration.

(b) In general, a police officer may invoke his power under the Immigration Ordinance (Cap.115) or the Police Force Ordinance (Cap.232) respectively to check the identity cards of a person who is suspected of being an illegal immigrant or acts in a suspicious manner.

(c) Like all other personal data obtained in Police operations, data obtained from identity card checks have to be handled in accordance with the Personal Data (Privacy) Ordinance (Cap.486) (PDPO). All practicable steps are taken to ensure that the data is accurate, retained only for as long as is necessary, and are protected against unauthorized or accidental access. In addition, the use (including disclosure or transfer) of the data is allowed only for the purpose for which it was collected or for a directly related purpose, unless the consent of the data subject is obtained, or an exemption under Part VIII of the PDPO is applicable.

End/Wednesday, May 17, 2000

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