With a surge in #NSL arrests, many in #Hongkong may be feeling uneasy. Time to revisit some basic knowledge about police arrests and searches: THREAD (not legal advice, talk to a lawyer, etc.)
1. For an arrest and house search, there is going to be a bunch of police officers. Don't freak out, most of them are just gonna stand around and let a few people do the actual work. It's going to be slow because they're bureaucrats.
2. The police need a warrant to search your home/office. They should show it to you. It should state the address to be searched, and the reason. The warrant will probably empower them to take anything (personal belongings and digital devices).
3. You can ask to call your lawyer, for time to get changed, get a jacket, etc. Get a warm jacket as it may be cold in custody (the popo blast the AC on purpose).
4. You do NOT have to answer any questions beyond confirming your name, HKID, and address. Beyond that, discuss with your lawyer first.
5. For any questions they ask you, or anything they seize from a house/office search, they are supposed to log it in their notebook and ask you to sign off. You don't have to sign off if you don't want to, and you can say you want your lawyer's advice before you do so.
6. Exercise digital security as a matter of daily practice: turn off face ID and touch ID, use strong passwords, 2FA, etc. If you can, turn off any device before the popo get to it. You are NOT obliged to unlock any device for the popo. Discuss with your lawyer first.
7. The popo are supposed to take you to the nearest police station first. If your lawyer doesn't make it to your house in time, they can meet you there.
8. Popo need to give you a form setting out your rights (called a 153). Keep it and exercise your rights (toilet breaks, water, food, call your lawyer).
9. If you feel unwell at anytime, ask to go to the hospital.
10. Popo will take your statement by writing or video. Again, you do NOT have to answer any questions beyond confirming your identity and address. If you are unsure about anything, you can ask for a break even while the statement is being taken to discuss with your lawyer.
11. Police are typically not keeping people in custody for over 48 hours. After that they either have to give you bail or bring you to court.
12. Even if you didn't have a lawyer during the arrest/ search, try to get a lawyer for court. You have a right to call your lawyer using the police station's phone.
This is a great resource from @FordhamLawNYC (in both Chinese and English): kyrhk.civicsight.org/zh/due-process
Finally: the popo might not follow the rules bc, well, they're popo. As much as you can, take note of their misconduct and which officer was involved, and tell your lawyer when it is safe to do so.
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