Seeking Refuge

Who is to Blame Who? (Part II)

Running from physical torture to psychological torture

Australian asylum processing suspension: violations of Australia’s international human rights obligations that undermine civil society efforts to strengthen refugee protections throughout the Asia Pacific region
Civil Society condemn the Australian government’s decision to suspend its processing of all applications for asylum from individuals from Sri Lanka and Afghanistan.

IN YOUR HOME

1. If the police knock and ask to enter your home, you don’t have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested in your home or in your office, the police may search you and the “grabbable area” immediately surrounding you or where criminal activities are in plain view.

We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities – especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don’t try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Civilian Complaint Review Board.

IF YOU ARE STOPPED FOR QUESTIONING

1. Police may stop and detain you only if they have a reasonable suspicion that you have committed, are committing or you are about to commit a crime.

2. Ask if you are under arrest. If you are, you have a right to know why.

3. Don’t badmouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

4. Police can’t lawfully require that you identify yourself or produce identification if they don’t reasonably suspect you are involved in a crime. But use your judgment – refusal could lead to your arrest even if unjustified.

5. If police have reasonable suspicion to believe you have a weapon, they may perform a frisk and pat down your clothing. Don’t physically resist, but make it clear that you don’t consent to any further search.

IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION

1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decides is best.

2. If you have a lawyer, ask to see your lawyer immediately. If you can’t afford a lawyer, you have a right to a free one once your case goes to court. You can ask the police how a lawyer can be contacted.

DON’T SAY ANYTHING WITHOUT A LAWYER.

1. Within a reasonable time after your arrest, or booking, you should ask the police to contact a family member, or friend. If you are permitted to make a phone call, anything you say at the precinct may be recorded or listened to. Be very careful, and never talk about the facts of your case over the telephone.

2. Sometimes you can be released without bail or have bail lowered. You must be taken before the judge within 24 hours after arrest.

3. Do not make any decisions in your case until you have talked with a lawyer.

…

• Be polite and respectful.
  Never bad-mouth a police officer.
• Stay calm and in control of your words, body language and emotions.
• Don’t get into an argument with the police.
• Remember anything you say or do can be used against you.
• Keep your hands where the police can see them.
• Don’t run. Don’t touch any police officer.
• Don’t resist even if you believe you are innocent.
• Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.
• Do not make any statements regarding the incident.
• Ask for a lawyer immediately upon your arrest.
• Remember officers’ badge and patrol car numbers.
• Write down everything that you remember
• Try to find witnesses, their names and phone numbers.
• If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.
• If you feel your rights have been violated, file or call in a complaint with the Civilian Complaint Review Board at

1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.

2. You don’t have to answer a police officer’s questions, but you must show your drivers license and registration when stopped in a car. In other situations, you can’t legally be arrested for refusing to identify yourself to a police officer.

3. You don’t have to consent to any search of yourself, your car or your house.

If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

1. 4. Do not interfere with, or obstruct the police – you can be arrested for it.

• KEEP THIS PAMPHLET HANDY!
  If You Have A Police Encounter, You Can Protect Yourself.

This issue has become very necessary to be published after going through horrible conditions as victims of circumstances through asylum seeking in Hong Kong for many years now. Ranging from four  (4) t o fifteen (15) years. I f history of asylum seeking is to be talked about, the above mentioned  years group are the real groups who would be able to explain the difficulties face during those days , for example, no any basic necessities provided. One has to survive through your own means .

Let us go back to the issue or the situation that has motivated some self terminated domestic helper in HK to become over stayed prostitutes. everybody in Hong Kong knows the conditions attach if any domestic help is to sign a contract and work in Hong Kong for example that is, to stay with the employer and some holidays with in a month eventually, many domestic helpers became arrogant before their employers simply because, some freedom has been created for them and that is, claim torture  for one thousand ($1000 hkd)  for rent, food supply every ten days etc.

Under these kind of hopes, many self terminated  domestic helpers more especially  those from Indonesia have taken this advantage to terminate their contract under any slighted misunderstanding with their employers. Due to the above mentioned hopes, they became voluntary over stayers  under convention   against torture. On the other hand, most of them became prostitutes as a result of  convention against torture  (CAT) innocent children were born out of these situation  that has increased the number of asylum seekers in Hong Kong.

WHO IS TO BLAME WHO?

Two asylum seekers were hiking in the Shatin area. They entered somebody’s compound. When they did this, two Chinese guys came and asked them what they were doing. The asylum seekers just said they were hiking around. The Chinese asked for their HK ID cards. When they replied that they didn’t have id cards, the Chinese men released a dog on them. One asylum seeker managed to run away but the other was bitten on the arm by the dog. The asylum seekers then called the police who came and arrested the dog, instead of those who instructed the dog to attack. So the dog was sent to detention. The police

took the asylum seeker to hospital, and said that the matter would be investigated. A few days later the dog was released, and the asylum seekers case was still pending. So where are the human rights in this? Especially, asylum seekers rights in     Hong Kong?

There is one asylum seeker, and his landlord told him to move out but he did not. And then this landlord glued his door shut. He called the police an explained his situation but they could not help him. They told him to come in on Monday with the landlord. The asylum seeker said, I had a cat in the room and if you don’t open the door and the cat dies, I will take you to court. So they took action and opened the door. My conclusion was that my cat has more rights than asylum seekers in Hong Kong. What are human rights? Where are human rights in Hong Kong.?

In January 2008, four of Hong Kong International  students along with various asylum seekers from parts of Africa and Sri lanks, as well as a University  of Hong Kong staff member,  Tess Hogue, began working on creating a music CD to high light the plight of asylum seekers. The majority of the tracks on the CD are rap/hip hop with two Portuguese songs sung by Tess. All the songs are based on personal experiences that speak directly of the suffering asylum seekers face in Hong Kong.

This is an issue that has to do with some individuls who claim to be helping asylum seekers and refugees in Hong Kong  but their methods of operation are not structured. For example when they meet asylum seekers at a particular time to offer help, no date is given for the next help most of the times, asylum seekers will be traveling from distance to wait for a help but eventually they become disappointed when they told is not your date i can not meet you.

What kind of NGO is this ?

Why cant they structure their organization like. ISS, CHRISTIAN ACTION OR VISION FIRST

If  such organization does not have enough funds there is no need to be going around collecting datas of asylum seekers and refugees.

“The longer I live, the more I realize the impact of attitude on life. Attitude, to me, is more important than facts. It is more important than the past, the education, the money, than circumstances, than failure, than successes, than what other people think or say or do. It is more important than appearance, giftedness or skill. It will make or break a company… a society… a home. The remarkable thing is we have a choice everyday regarding the attitude we will embrace for that day. We cannot change our past… we cannot change the fact that people will act in a certain way. We cannot change the inevitable. The only thing we can do is play on the one string we have, and that is our attitude. I am convinced that life is 10% what happens to me and 90% of how I react to it. And so it is with you… we are in charge of our Attitudes

“The longer I live, the more I realize the impact of attitude on life. Attitude, to me, is more important than facts. It is more important than the past, the education, the money, than circumstances, than failure, than successes, than what other people think or say or do. It is more important than appearance, giftedness or skill. It will make or break a company… a society… a home. The remarkable thing is we have a choice everyday regarding the attitude we will embrace for that day. We cannot change our past… we cannot change the fact that people will act in a certain way. We cannot change the inevitable. The only thing we can do is play on the one string we have, and that is our attitude. I am convinced that life is 10% what happens to me and 90% of how I react to it. And so it is with you… we are in charge of our Attitudes