If the suspect refuses to read the cautioned statement or to write the Certificate at the end of it or to sign it, the senior officer present shall record on the statement itself, in the presence of the suspect, what has happened. Before taking a statement from the detained person, the police officer must caution you by saying, "You are not obliged to say anything unless you wish to do so but whatever you say will be put into writing and may be given in evidence." If the suspect refuses to read the cautioned statement or to write the Certificate at the end of it or to sign it, the senior officer present shall record on the statement itself, in the presence of the suspect, what has happened. Australia previously cautioned its citizens that Hong Kong’s National Security Law could be interpreted broadly and Australians may break the law without intending to. This also applies to Hong Kong, where law enforcers are only required to serve the Cautioned statement on the person during the interrogation stage. HONG KONG, March 5 — Hong Kong has quarantined the dog of a coronavirus patient in what could be the first case of human-to-animal transmission, although experts cautioned against pets being potential spreaders of the virus. You may also have your lawyer present during the questioning and taking of any statement. Yvonne is one of the founding members of Morley Chow Seto (MCS). (Direction 6) 2. When taking a written statement from a suspect whose first-language is not Cantonese, the statement should be taken in the suspect's mother tongue or with the assistance of an interpreter. The Chinese University of Hong Kong (CUHK) revealed on Thursday it would cut ties with its student union and impose a raft of tough measures on the body, accusing committee members of “exploiting” the campus for their political agenda. (Direction 2). The updated travel warning comes days after the British Consulate-General said it was informed that Hong Kong, like other parts of China, does not recognise dual nationality. The Rehabilitation of Offenders Ordinance applies only to Hong Kong Taking statements Before taking a statement from the detained person, the police officer must caution you by saying, "You are not obliged to say anything unless you wish to do so but whatever you say will be put into writing and may be given in evidence." Upon conclusion of the interview the police have an obligation to provide you with a copy of this Record of Interview. 1. Gabriel Matthew Leung, dean of the University of Hong Kong's Li Ka Shing Faculty of Medicine, cautioned that the relatively low death rate of COVID-19 at 1.4% does not necessarily mean Hong Kong should put down its guard. The office's statement also said that following an investigation, mainland police have collected enough evidence to proceed in a case involving 12 Hong Kong … The Chinese University of Hong Kong has severed ties with its student union. Secretary for the Civil Service Patrick Nip told reporters he expects the Pfizer Inc.-BioNTech SE vaccine to arrive in one or two days. Tips for Smart Cops Series Taking written statements after caution, 1. When taking a written statement from a suspect whose first-language is not Cantonese, the statement should be taken in the suspect's mother tongue or with the assistance of an interpreter. After the suspect has finished reading the cautioned statement, the officer shall ask him to write out and sign or make his mark on the Certificate at the end of the statement. A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. Hong Kong Police Force - Rights of Victims and Witnesses of Crime. She graduated from the University of Hong Kong with her Bachelor of Laws degree in 2010, obtaining her Postgraduate Certificate in Laws from the University of Hong Kong in the following year. The experts' departure comes as the Hong Kong protests approach the six-month mark. Around 70,000 Hong Kong residents have made appointments to receive their Covid-19 shots, filling up all available slots between Feb. 26 and March 11, according to a statement. Criminal proceedings vs civil proceedings, Brief introduction on the Department of Justice, Normal court procedure in a criminal case, Summary conviction and conviction on indictment, Effects on sentencing upon pleading guilty, Restrictions on punishment of young offenders, Stopping and questioning by the police in a public place, Stopping and searching by the police in a public place, Consequences on refusing to cooperate with the police, Separation of young persons in police stations and in courts, Introduction to some of the legal assistance available in Hong Kong, Police Superintendent's Discretion Scheme, The Rehabilitation of Offenders Ordinance, The RHO and Sexual Conviction Record Check Scheme, Disclosure of spent convictions in court proceedings, Situations Where Spent Convictions Must be Disclosed, Penalties for wrongful disclosure of spent convictions, The Rehabilitation of Offenders Ordinance applies only to Hong Kong. (Direction 6) 2. If more than one officer is present when a cautioned statement is taken, the other officer or officers should countersign the statement. (Rule IV) 5. China made major revisions to the Criminal Procedural Law in 1996 to After the suspect has finished reading the cautioned statement, the officer shall ask him to write out and sign or make his mark on the Certificate at the end of the statement. RULE VII Persons other than police officers charged with the duty of investigating offenses or charging offenders shall, so far as may be practicable, comply with these Rules. You may also request to obtain legal advice before deciding whether or not to answer any questions. After a written statement has been taken under caution from a suspect, the officer taking the statement shall ask the suspect to read the statement and make any corrections, alterations or additions he wishes. Hong Kong’s leader on Tuesday denied any suggestion she was trying to influence the judiciary, following reports she met with the city’s top judge ahead of a bail hearing for detained media tycoon Jimmy Lai Chee-ying. If you choose to answer any of the police officer's questions, all the questions and answers will be written down as a "Record of Interview" (often referred to as a "cautioned statement"). In mainland China, however, the right to remain silent is not afforded to the indi-vidual facing criminal charges (Winston, 2003). (This column is contributed by the Complaints and Internal Investigations Branch), 2. When in Hong Kong, US citizens are “strongly cautioned to be aware of their surroundings and avoid demonstrations,” the advisory said. "Direction" and "Rule" refer to the "Rules and Directions for the Questioning of Suspects and the Taking of Statements". The outgoing chief justice of Hong Kong’s highest court addressed criticisms of the city’s judicial system and stressed the importance of the rule of law in a final press conference on Tuesday.. Chief Justice Geoffrey Ma, who will retire Sunday, discussed both the role of the judiciary and his own hopes for the future of Hong Kong. (Rule IV), 5. After a written statement has been taken under caution from a suspect, the officer taking the statement shall ask the suspect to read the statement and make any corrections, alterations or additions he wishes. (Rule IV) 3. Because the number of cumulative deaths and confirmed cases were flawed, the WHO’s estimate of 3.4 percent was inaccurate. The members of the Commission at present are: Chairman: Mr Wong Yan-lung, SC, JP, Secretary for Justice (Rule IV), 3. The university also slammed members recently elected to the student union executive committee for failing to clarify what it … District councilor and lawyer Daniel Wong Kwok-tung posted on his Facebook page early Thursday that national security officers … DXC Technology Statement Contacts Richard Adamonis, Corporate Media Relations, +1-862-228-3481, radamonis@dxc.com Shailesh Murali, M&A and Investor Relations, +1-703-245-9700, shailesh.murali@dxc.com A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution. The Commission considers for reform such aspects of the law as may be referred to it by the Secretary for Justice or the Chief Justice. According to the Rules and Directions for the Questioning of Suspects and the taking of Statements, any young person under the age of 16 years of age should only be interviewed by the police in the presence of a parent or guardian, or in their absence, someone who is not a police officer and is of the same sex as the child. Hong Kong police on Thursday said they arrested 11 people on suspicion of assisting offenders who are believed to be the 12 Hong Kong activists detained at sea by mainland Chinese authorities while attempting to flee the city last year. Read more>> Hong Kong’s Retail Landlords ‘Make Noise’ With Pop-ups At least five out of eight Hong Kong public universities could be left without a popularly elected student union as arrests of leaders over the past year over politically sensitive events have deterred some from joining such bodies. He cautioned that Hong Kong’s economy in the first half of 2021 will still be clouded by the COVID-19 pandemic, but he was optimistic about the long term. The Chief Executive, Carrie Lam, on Friday urged Hong Kong residents not to travel to the mainland in view of the Wuhan virus outbreak, but rejected … The statement firmly supported steps taken by the Hong Kong Special Administrative Region government and police to ensure peaceful and joyful holiday celebrations. In Hong Kong, China “unilaterally and arbitrarily exercises police and security power,” the advisory said, adding that new legislation also covers offenses committed by non-Hong Kong … (Direction 2) "Direction" and "Rule" refer to the "Rules and Directions for the Questioning of Suspects and the Taking of Statements". US blacklists Hong Kong’s Gov’t Flying Service, citing human rights abuses and national security concerns Move follows claims that the … (Rule IV) 4. The Law Reform Commission of Hong Kong was established by the Executive Council in January 1980. A child or young person should not be arrested or interviewed at school, unless it is essential, which in that case the interview should be conducted in the presence of the head teacher or his nominee. (Rule IV), 4. Hong Kong recorded at least 11 deaths over the weekend under the cold weather warning as the city suffered the impact of a winter monsoon near the coast of Guangdong. Chief Executive Carrie Lam Cheng Yuet-ngor insisted it was her duty to periodically touch base with the chief justice on administrative issues facing the city’s … The police have a duty to provide the list to you upon request, and allow you to telephone the solicitor unless this will seriously prejudice their investigation. However, free legal services are not available to you at this stage. HK holiday troublemakers cautioned Wednesday, September 30, 2020, 08:57 By Gang Wen in Hong Kong The central government’s liaison office in Hong Kong warned on Tuesday against reported plans for unlawful activities on National Day, stressing zero tolerance for what it called reckless acts now that the National Security Law is in force. This did not escape Beijing’s attention, and on Tuesday China’s Ministry of Foreign Affairs cautioned Canberra not to “politicise” business deals and jeopardise long-standing commercial relationships, as well as agreed-upon free trade between the two countries. says that he would like to make a statement in reply, or starts to say something, he shall at once be cautioned or further cautioned as prescribed by Rule III(a). In a separate statement by the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region on Sunday, a spokesperson for the office criticized the UK for using the BNO for a political maneuver under the pretext of the National Security Law for Hong Kong. The handful of students still keen on running for union positions said they felt the national security law was unclear, and they ran the risk of … You may ask the police for a list of solicitors whom you can consult. members of the Hong Kong Police Force, the Customs and Excise Department, the Immigration Department and the Independent Commission Against Corruption (ICAC). If more than one officer is present when a cautioned statement is taken, the other officer or officers should countersign the statement. 1.7 Since the publication of the Report, there has also been an increasing use of video recording in the taking of statements from accused persons. (This column is contributed by the Complaints and Internal Investigations Branch). You may choose whether or not to answer any question asked by the police, as you have a right to silence.