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Following is a written reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Emily Lau on anti-vice operations in the Legislative Council (January 24):
Question:
It was reported that the Police arrested a number of Mainland women in an anti-vice operation on November 18 last year. The Police suspected that they were engaging in prostitution on grounds that when intercepted, they were found to be carrying such items as condoms or lubricants but could not give reasonable explanation. In this connection, will the Executive Authorities inform this Council:
(a) of the number of persons arrested on the above grounds by the Police in the past three years and, among them, the number of those subsequently charged with the relevant offences;
(b) whether it is stipulated in the Police's internal guidelines on anti-vice operations issued to police officers that an arrest may be made on the above grounds; if so, when such grounds for arrest was added to the guidelines; if not, whether the authorities have assessed if it is lawful to make an arrest on such grounds; and
(c) whether only Mainland women are arrested on such grounds; if so, whether the authorities have assessed if this practice constitutes discrimination; if not, of the categories of people whom the Police may arrest on such grounds?
Reply:
Madam President,
The Police will not make an arrest solely on the ground that items such as condoms or lubricants are seized from the person concerned, and they have not issued this type of internal guidelines. The Police will only make an arrest when the requirements under the law are met (such as when it is reasonably suspected that a person has committed an offence).
Under the laws of Hong Kong, prostitution itself is not an offence. However, activities related to prostitution, including controlling persons for the purpose of prostitution, operating a vice establishment and living on the earnings of prostitution of others, are criminal offences. Visitors to Hong Kong who engage in vice activities in Hong Kong also violate the Immigration Ordinance due to the breach of their conditions of stay. In law enforcement actions taken by the Police, or in joint operations conducted by the Police and the Immigration Department to combat offences against the Immigration Ordinance, the law enforcement officers will take into account evidence collected at the scene of investigation, including exhibits and circumstantial evidence, when considering whether a person has allegedly committed an offence, including whether there are visitors to Hong Kong who have engaged in activities such as prostitution in breach of their conditions of stay. The nature of such law enforcement operation does not involve discrimination against any person.
Ends/Wednesday, January 24, 2007
Issued at HKT 16:46
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