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Legal Procedures & Your Rights
Below is a step-by-step walk-through of the judicial process you will go through if you unfortunately get arrested.
Although you have the right to call us or your family/friends/lawyer for assistance after you are brought to the police station, there is a chance that you will not be able to use your own phone and check your contact list. So make sure you remember our number / 24-hour hotline: +852 2493 4555!
UNDERCOVER OPERATIONS
Undercover operations targeting migrant sex workers usually involve a police officer (a white guy in most cases) pretending to be a customer and gathering evidence. Click here to learn more about how it works and past cases of sting operations targeting ladyboys.
When an officer reveals his/her identity, you have the right to:
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Request to see his/her warrant card
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Record his/her name and unique identifier number (UI number)
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Record his/her posting and the police station s/he belongs to
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Remain silent even if s/he appears to be friendly and wants to chat with you (your conversations might be incriminating!)
NOTE: The undercover cop cannot accept sexual services, receive bribes, threaten/harass you, or subject you to any form of assault and violence.
If you have experienced any of the above, do file a complaint through the following channels:
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Midnight Blue 24-hour hotline: +852 2493 4555
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Complaints and Internal Investigation Branch (CIIB) 24-hour hotline: +852 2866 7700
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Police emergency hotline: 999
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Independent Commission Against Corruption (ICAC): +852 2526 6366
ARREST & TRANSFER TO POLICE STATION
Before the police can arrest you and take you to the police station, they should have reasonable doubt and caution you clearly 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."
You have the right to request the officer to let you know why you are arrested and the associated charge(s).
BODY SEARCH AT POLICE STATION
When you arrive at the police station, you will be detained for a maximum of 48 hours. The detention usually starts with a body search by the police.
The police should:
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Inform you of the reason for the search
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Inform you of the scope of the search, i.e. which areas of your body will be covered
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Ensure that the location of the search would provide privacy for you (e.g. a locked room)
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Assign an officer of the same sex to do the search, if it involves you taking off your clothes / part of your clothes and revealing your underwear / private parts
NOTE: If you are a ladyboy but your identity card / passport still says you are male, you will be assigned a male officer for the body search. Click here to learn about past cases about this.
STATEMENT TAKING
Before/when the police take a statement from you, you have the right to:
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Obtain a copy of "Notice to Persons in Custody"
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Have the police explain your rights during detention
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Refuse to talk / answer any question
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Refuse to sign any document
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Call us (+852 2493 4555), friends, or your lawyer for assistance
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Ask the police for a list of lawyers if you do not know any lawyer to consult
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Have your lawyer present during the questioning and taking of any statement
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Obtain a copy of your statement at the end of the questioning
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Request water and food free-of-charge
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Request a break or medical care if you feel sick
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Complain to the duty officer if you suffer any insulting/violent treatment
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Request an immediate medical examination if you are harmed
If the police decides there is not enough evidence, they should release you.
If the police decides there is enough evidence, they would either: (1) grant bail to you (subject to a cash deposit and/or other conditions) and instruct you to appear in court on a specified date; OR (2) refuse to grant you bail, and then bring you to a Magistrates' Court for first hearing within 48 hours of the detention (normally in the following morning).
NOTE: If you are traveling outside from Hong Kong and working without an employment visa, normally you would not be able to get bail. You would be sent to a Magistrates' Court for first hearing within 48 hours of your detention.
AT THE COURT
When you appear at the Magistrates' Court, you have the right to:
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Request a duty lawyer to represent you
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Request an interpreter if you feel more comfortable/confident speaking your native language
If you plead guilty / the court finds you guilty, you would be given a sentence - usually three months for "soliciting for an immoral purpose" and committing a "breach of condition of stay". (Click here to learn about the laws affecting your work.) The sentence would be reduced to two months if you plead guilty in advance of the first trial.
NOTE: If you are a ladyboy / transgender, under current policies you would usually be treated as a person with Gender Identity Disorder (GID) and sent to the Siu Lam Psychiatric Centre where you would serve your sentence.
LADYBOYS / TRANSGENDERS
OTHERS
AT SIU LAM
PSYCHIATRIC CENTRE
You have the right to:
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Tell the office you are transgender
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Request NOT to have your hair cut
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Request hormones if you need
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Request clothing or underwear (e.g. bra) that you consider appropriate for your gender
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Write letters to Midnight Blue (P.O. Box 78757 Mongkok Post Office), friends or family
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Add the names of Midnight Blue staff to your visiting list (we will give you our names in the letters we send you)
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Get visited by friends or Midnight Blue twice a month
IN JAIL
You have the right to:
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Write letters to Midnight Blue (P.O. Box 78757 Mongkok Post Office), friends or family
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Get visited by friends or Midnight Blue twice a month
AT THE IMMIGRATION CENTRE
If you are not a Hong Kong resident, after you finish your sentence, you will be sent to the Castle Peak Bay Immigration Centre. Normally you will be repatriated to your home country within two weeks. While you wait, you will be confined in a solitary cell. Click here to learn more about past cases and conditions of confinement at the Immigration Centre.
NOTE: If you can pay for the air ticket yourself, you may be able to leave Hong Kong sooner. Don't hesitate to contact us (+852 2493 4555 / info@mnbhk.org) if you need help to book your flight (or anything else).
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