協助警方調查 (Assist Police Inquiries).

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A few days prior to my daughter attending a mandatory 5 day English Camp at her school last week, the one I protested against, she told me, “Dad I want to go on that week to a hotel, a hostel, our best friends house, the church camp, and finally she said I want to stay over at the Police Station”.  Crazy talking from an 11 year old.  I was ready to take her to the MTR station police but have found out that the police do not know how to get to the bottom of problems and sometimes create more problems for the children.  Children are asked questions and answer.  That is good.  Sometimes they do not want to talk but are forced to talk by those who control them.  That happened to my daughter at her school who was told “You must talk to the Social Welfare Department Worker or you cannot go back upstairs to your classroom”.  Usually the answers are passed on to the people who are abusing the children and once out of sight of what a child thinks is protection (police, teacher, school counselor) they are punished in various ways.  Screaming, yelling, hitting, threats, swinging an open hand at their face stopping just short of contact to create fear and making the poor child as uncomfortable as possible to conform.  This is Hong Kong. If nothing else citizen and children need to know their rights before police/authorities.

Link:  協助警方調查 (Assist Police Inquiries):
如果警方要求你去警署協助調查,你必須確保知道,警察是否已將你逮捕(arrest),如果你得知警察仍未將你逮捕,你可拒絕提供協助調查,拒絕協助警方調查,不構成犯罪。

拒捕 (Resisting Arrest):
如果警方要求你自願前去警署協助調查,但你拒絕, ,警方可能決定逮捕你,若警察聲稱已逮捕你,你已暫時失去自由,你必須跟隨警察前去警署,否則警察可能告你拒捕。

扣留:
如果你自願前去警署協助調查,没有被警察逮捕,在警署,你可以隨時離開。

沉默權利:
你在警署,自願或已被逮捕也好,你有權聯絡你的家人求助,告訴他們你在哪裡,你有權聯絡你的律師,接受法律諮詢。你可以告訴警察,你要等你的律師到達警署後,才決定是否回答他們問題。

保釋:
如果你被警察逮捕,你有權利保持沉默。在法院起訴你時,警方不能說,因為你什麼都沒有說,來推斷你是有罪的。警方通常不能扣留你超過24小時。他們不起訴你,便要釋放你。起訴後,你有權保釋直至出庭,若警方不給你保釋,便有責任安排你出庭,你有權向法庭申請保釋。在第一次出庭,大多只是問你是否認罪,不會審訊。

<葉謝鄧:法律通識加油站>

Assist the police investigation (Assist Police Inquiries):
If the police ask you to assist in the investigation police station, you have to make sure you know whether the police have you arrested (arrest), if you know that the police will not arrest you, you may refuse to investigate, refused to assist the police investigation does not constitute a crime.

Resisting arrest (Resisting Arrest):
If the police ask you to voluntarily went to police station for investigation, but you refused, the police may decide to arrest you, if the police claimed to have arrested you, you have been temporarily deprived of their freedom, you must follow the police went to police, or the police might sue you resisting arrest.

Detention:
If you are willing to go to police station for investigation, has not been arrested by the police at the police station, you can always leave.

Silent Rights:
Are you in a police station, voluntarily or have been arrested or, you have the right to contact your family for help, tell them where you are, you are entitled to contact your lawyer for legal advice. You can tell the police, you have to wait for your lawyer to a police station before deciding whether to answer their questions.

Bail:
If you have been arrested by the police, you have the right to remain silent. Sue you in court, the police can not say that because you did not say anything to infer you are guilty. Police detain you usually can not exceed 24 hours. They do not sue you, they have to release you. Indictment, you are entitled to bail until the court, if the police do not give you bail obliged to arrange for you to attend, you are entitled to apply to court for bail. In the first appearance, most of them just ask you if you plead guilty, no trial.

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