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Lawyers' update on allegations of rape in Tsuen Wan Police Station, Hong Kong

Updated: May 14, 2020


https://www.amnesty.org/en/latest/news/2019/12/sexual-violence-against-hong-kong-protesters/



Source: Criminal Investigation into Allegation of Rape inside Tsuen Wan Police Station.


We represent Ms X, a young Hong Kong female who recently filed a criminal complaint alleging that she was raped by a number of police officers in Tsuen Wan Police Station.

Ms X made her complaint to police in the expectation that it would be investigated with impartiality, in strict confidence, and with respect for her privacy and dignity. She has made no public comment about the case and has not sought publicity in any way.


Unfortunately, the police investigating Ms X’s case appear to have systematically worked to discredit her and to undermine her complaint. Police have deliberately leaked supposed details of the case in a manner which any objective observer would be driven to conclude, were directed at publicly discrediting Ms X and diminishing any prospect of a successful prosecution.


In light of the recent leaks and statements by the police, Ms X wishes us to issue the following statement:


On a date in October 2019, Ms X took the courageous step of filing a report to police about her rape inside Tsuen Wan Police Station. She filed her report through the proper channels. She subsequently gave a detailed account of the events to police, answering extensive and highly invasive questions. As requested by police, she underwent a forensic medical examination. Ms X further underwent a termination of the ensuing pregnancy and has permitted the taking of a DNA sample from the aborted foetus to assist in identifying at least one of her assailants.


Throughout the investigation, Ms X has repeatedly asked police for updates on the case but the investigating team has refused to provide her with any details whatsoever.


On 4th November, 2019 Ms X learned that police had, without her knowledge or consent, obtained a search warrant to seize her private medical records, including those long pre-dating the allegations. The warrant also allowed police to seize CCTV footage from her private doctor’s clinic for a period of several days before and after the date of the alleged rape.


The Hong Kong Police Force Victims’ Charter guarantees that the privacy and dignity of criminal complainants will be respected at all times. To seek to obtain a rape complainant’s private medical records without their knowledge and consent is a gross invasion of privacy. Such action was an outrageous abuse of police power.


Ms X immediately went to court to challenge the search warrant. On the morning of 5th November 2019, the issuing magistrate, having been properly apprised of the facts, immediately suspended the search warrant. The Magistrate further granted an Anonymity Order, which prevents any person (including the press) from identifying Ms X, whether directly or indirectly. A breach of the Anonymity Order may amount to a contempt of Court.


Over the past few days, Ms X has been deeply distressed to see alleged details of her case leak onto the internet. The Police Public Relations Bureau and unidentified ‘police sources’ have selectively released supposed details of the investigation, along with adverse comment on the evidence, in a way which any objective observer would be driven to conclude, were directed at publicly discrediting Ms X and diminishing any prospect of a successful prosecution.


Ms X considers that any attempt by police to publicly discredit a rape victim and adversely comment on evidence in an on-going investigation is despicable and offensive. Such attempts should be condemned in the strongest terms.


Unsurprisingly, Ms X has formed the view that the Hong Kong police force cannot be trusted to impartially investigate her allegations or indeed any criminal complaints relating to police officers.


Ms X demands that the police immediately cease the unlawful and grossly unprofessional leaking of information and comment about her case. She asks for her privacy to be respected.


Vidler & Co. Associates



Update: 20 January 2020 HKFP "Hong Kong police chief tried to ‘publicly discredit’ woman accusing officers of gang rape – lawyers"


Source: Vidler & Co. Associates


Criminal Investigation into Allegation of Rape inside Tsuen Wan Police Station.


We continue to represent Ms X, a young Hong Kong female who filed a criminal complaint alleging that she was raped by a number of police officers in Tsuen Wan Police Station.

We are authorised by Ms X to issue the following statement.

Ms X made her criminal complaint to police in October 2019. She did so in the expectation that it would be investigated with impartiality, in strict confidence, and with respect for her privacy and dignity.


She filed her report through the proper channels and gave a detailed account of the events to police, answering extensive and highly invasive questions. At the request of the police she underwent a forensic medical examination and permitted the taking of a DNA sample from the aborted foetus after she underwent a termination, to assist in identifying at least one of her assailants.


She made no public comment about the case until 11 November 2019. She did so only in response to the police taking the extraordinary step of seeking a search warrant to seize her private medical records and CCTV footage from the clinic of her private doctor and, days afterwards, releasing supposed details of the investigation, along with adverse comment on the evidence in a way which any objective observer would be driven to conclude was directed at publicly discrediting Ms X and diminishing any prospects of a successful prosecution.


That search warrant was suspended by the issuing magistrate immediately after the court was properly apprised of the facts. It was formally set aside by the court on 26 November 2019.


Throughout the investigation, Ms X has repeatedly asked police for updates on the progress of the investigation. The investigating team has refused to provide these despite the provision of such updates being guaranteed under the Hong Kong Police Victim’s Charter.

No request has ever been made by police for Ms X to clarify any part of her victim statement nor has she been informed that her account of events is problematic. Despite frequent requests, she has not been told whether the report setting out the DNA sequence of her assailant(s) has been received by police from the government laboratory. She has not been informed of police seeking advice on the evidence from the Department of Justice and she has not been informed that the investigation into her complaint has been concluded.


Ms X was therefore most distressed to learn from media reports that when the Commissioner of Police voluntarily attending a meeting of Central and Western District Council on 16 January 2020, he alluded to her criminal complaint as 'fake information’ and said “our investigators are now investigating in the direction of misleading police officer or giving false statement”.


Ms X considers that any objective observer would be driven to conclude that these public comments on her criminal complaint by the Commissioner of Police are an outrageous further attempt to publicly discredit her, publicly undermine her complaint and diminish any prospect of a successful prosecution. She considers such conduct should be condemned in the strongest terms.


Ms X further believes that the actions of the police during the course of this supposedly confidential investigation evidences the lack of impartiality of this investigation by the police and displays a total disregard for her privacy and dignity as a criminal complainant and victim of rape.


The Anonymity Order granted by the court on 5 November 2019 remains in force. This prohibits any person from identifying Ms X. Anyone breaching this order risks being found in contempt of court.


有關荃灣警署強姦案的刑事調查

我們繼續代表向警方報案、指控數名警員於荃灣警署內強姦她的X小姐,並得到她的授權作出以下聲明:

X小姐在2019年10月報案。X小姐是在期望警方會公正、絕對保密並尊重她的私隱及尊嚴之下向警方報案。

她透過合適的途徑報案,並就事件向警方提供了詳細的說明,亦回答了鉅細無遺而相當具入侵性的問題。在警方的要求之下,她進行了法醫檢驗,亦容許在她的終止懷孕手術後從胚胎取出DNA樣本,以助辨別至少一名施暴者。

在2019年11月11日之前,她從未有任何公開回應;而她亦只是在警方不尋常地申請搜查令以檢取她的私人醫療紀錄及私家診所閉路電視片段、並在數天後公開調查的詳情及就證據作出會令任何客觀的旁觀者相信此舉是有意公開抹黑少女X並影響未來的起訴的負面評論後才作出回應。

該搜查令在有關裁判官了解到相關細節後馬上被暫緩,並在2019年11月26日正式撤銷。

在整個調查過程中,X小姐不斷向警方查詢調查的進展;惟即使這是罪行受害者約章許諾的權利,有關隊伍仍然一直拒絕提供這些資訊。

警方從來沒有向X小姐要求她澄清她證供的任何部分,亦從來未有告知她她的說明有任何問題。而不管X小姐的多次要求,警方從未告知她警方是否已經從政府化驗所取得有關施暴者的DNA報告。她亦從未被告知警方正就案件證據向律政司索取意見,或有關案件的調查已經告一段落。 

因此,當X小姐從媒體報導得知警務處處長在2020年1月16日自發出席中西區區議會時,指她的報案是「假消息」及「現正循誤導警員或給予假口供方向調查」時,她感到極度難過。

X小姐相信任何客觀旁觀者都會認為警務處處長這些公開評論是另一個過份、試圖公開抹黑她、公開貶損她的投訴並影響起訴成功機會的舉動。她認為對這些舉動應予最強烈的譴責。

X小姐進一步相信警方在這一個應該是保密的調查中的行動,顯示了警方調查的不公正,亦展示出警方對她作為投訴人及性暴力受害者的私隱及尊嚴的漠視。

2019年11月5日裁判官頒下的匿名令仍然在生效中。這禁止任何人識別X小姐的身份。任何人違反匿名令的人將面對被視為藐視法庭的風險。

#MeToo

18 January at 07:42 · Public


UPDATE: 13 May 2020, HK Police Chief PK Tang says the Police wish to locate and arrest the Police gang-rape accuser for allegedly making a false accusation. There was a claim she had left HK. Without indicating her whereabouts, the accuser responded to the Police in a media statement the next day, saying : "Seven months ago, I plucked up all my courage to file a complaint of rape and sexual assault by unknown police officers inside Tsuen Wan Police Station. I hoped and prayed that the complaint would be investigated impartially, in strict confidence and with respect for my privacy and dignity. None of that has happened.”


Related wethepeopleofhk.com links "The naked body of 15 year old protester Miss Chan Yin-lam found at sea RIP" and "Hong Kong people roar! Condemn the Police for sexual violence"



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