Exclusive | Hong Kong justices of the peace denied entry to police detention centre where anti-government protesters were allegedly mistreated
- Six justices of the peace wanted permission to visit San Uk Ling Holding Centre following allegations that arrested protesters were mistreated there
- They were denied entry as police facilities were not included in the list of places they could visit
Six Hong Kong justices of the peace (JPs) were denied entry to a police detention centre near the border with mainland China, following allegations that arrested protesters were mistreated there, the Post has learnt.
A source said the group, including a former high-ranking official, recently wrote to the JPs’ secretariat under Chief Secretary Matthew Cheung Kin-chung’s office, asking to visit the San Uk Ling Holding Centre in Sheung Shui.
But they were told that visiting the centre was not within the scope of what they could do, as it was not on the list of institutions they could visit.
Aside from the JPs who could not get in, lawyers have complained of delays in seeing their clients detained there. A group of pro-democracy lawmakers now say they want to visit the place.
Questions were raised about the centre in the New Territories, after 31 of 54 protesters arrested on August 11 and detained there were later hospitalised, six with fractured bones.
They were arrested following clashes with the police in areas such as Causeway Bay and Tsim Sha Tsui. Given the large number arrested, the police said, the group was sent to the centre, which can hold hundreds.
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Dozens arrested at Prince Edward on August 31 were also sent there, and have since been released.
In a written reply to one of the JPs last week, a secretariat staff member said: “We regret that we are unable to arrange the requested visit pursuant to the Justices of the Peace Ordinance as it falls outside of the functions of JPs.”
The ordinance says JPs may visit “any custodial institution or detained person”, but that only covers facilities managed by the Correctional Services Department, such as prisons. Police facilities, including San Uk Ling Holding Centre and police stations, are not included.
The secretariat told the JPs that their request had been relayed to the Security Bureau.
A government spokeswoman from the Administration Wing confirmed that six JPs had asked to visit the detention centre, and that they had been told it could not be arranged.
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There are more than 1,800 JPs, all individuals who have made significant contributions to society.
Their main function is to visit prisons and detention centres regularly to ensure that those in custody are treated fairly and not deprived of their rights.
It is my duty to make sure people in custody are treated humanely, and that they have received suitable legal assistance
One of the JPs who tried to visit the San Uk Ling Holding Centre said such facilities were a “blind spot”.
“We are not there to judge if a person in custody is guilty or not,” the JP said. “It is my duty to make sure people in custody are treated humanely, and that they have received suitable legal assistance.”
The JP said letting the group visit the holding centre could have helped to allay public concerns over the treatment of detained protesters.
Police said the detainees who went to hospital were injured while being arrested. They also said 18 of those arrested had their statements taken without legal representation and that the centre was not equipped with security cameras.
Some lawyers complained that police did not help them when they called to arrange meetings with their clients, with officers hanging up on them repeatedly.
Three lawyers wrote to police chief Stephen Lo Wai-chung, saying: “The behaviour on the part of your officers has led to the undesirable consequence of our clients being deprived of their rights to legal representation and legal advice.”
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Barrister Billy Li On-yin said he waited three hours to see his client at the holding centre on August 12, when the wait is usually about 20 minutes at other police facilities.
Police insisted they did not delay the meetings, saying there were a limited number of rooms for consultations. In the end, they arranged group meetings with the detainees’ consent.
One of those arrested at Prince Edward, who declined to be named, said he was passing by the protest area after work when he was arrested for being part of an illegal assembly.
He said that after he was taken to the centre, he had to wait nearly 40 hours before being allowed to call his lawyer. Each time he asked, the officers told him to wait.
“They did not hit us, but they had many other ways to mess with us,” he said.
Icarus Wong Ho-yin, a member of the human rights group Civil Rights Observer, said the JP Ordinance should be amended to include police facilities.
“Third-party monitoring is needed,” he said.
On August 29, a group of 24 pro-democracy lawmakers wrote to the police chief asking to be allowed to inspect the holding centre.
As of Friday, there was no reply from police, said the group’s convenor, Claudia Mo Man-ching.
Democratic Party lawmaker James To Kun-sun said police should let them visit the centre, given that legislators have inspected other police stations before.
“Why so secretive?” he asked.
