即使没犯法，你也会被捕：一名读者的亲身经历

3月22日(星期四)晚上8点钟左右，韩先生(化名)完成了他一天的工作并回到了自己位于二楼的三室公寓。

他发现自己的前门在把手的位置破了个一英尺长的洞。

韩先生向大中报表示：“我在在走廊里看到了超过10名警察。其中一名警察向我走来并用英语与我说话。”

韩先生不会讲英语*，但他把自己的驾驶执照拿来给警察过目。

在互相讨论一番，两名警察将韩先生的双手扭到背后，用手铐铐上他的双手，然后把他带到楼下，并把他领到公寓的大厅里。

韩先生称：“我不停地说‘国语!国语!我不会讲英语。国语!国语!’”

带回警局 小圈里站一个小时

约9点钟光景，他被带到了警局。他说：“他们把我拉到一个小房间里。地上有一个小正方形的图圈。警察说：‘你站在圈里，不准动。’”

韩先生称，正方形的图圈与墙面之间约有一英尺的距离。他说：“因为我累了，我试着把背贴靠在墙上。我这样一做，警察立刻过来，一把抓住我，还向我大喊大叫。”他认为，他这样站着都快一个小时了。

小黑屋脱光照屁股

10点左右，韩先生的手铐被取下来，随后被警察带进了“两个平方尺”的房间。他说：“这时，他们好像要求我把身上的衣服脱掉。”

房间里有一把椅子，但警察命令韩先生继续站立。他说：“他们让我转身，他们要求我站直了，然后弯下腰来。他们用手电筒照我的屁股。当这一切完毕之后，他们说：‘现在你可以把衣服穿上了。’”

他说：“我当时感到很羞辱。”

房子是毒贩的住所

韩先生称，一名华裔警察终于走进来并用国语跟他说起话来。

韩先生说：“他问我：你有律师吗?我回答说：没有。他告诉我说：我可以自己找一位律师，或他们可以替我指定一位律师。”

韩先生被告知自己的房子是毒贩的住所。他在警察的突袭搜查行动中被捕的，而警方认为他可能拥有非法毒品。

韩先生说：“我告诉他，那个单元住着3个人。我们互相都不认识。……我不停地告诉他们，你们抓错人了。我不用毒品。”

韩先生向讲国语的警察说，自己患有胃部疾病。他说道：“如果我我不按时吃饭，会很疼的。您能给我一些面包或一块曲奇?

警察打断我的话，说：‘别说话，这是规则。如果我向你发问，你就回答。只能这样。’”

警方的解释

维克托•邝警员当时并不在场，但他在接受大中报采访前已获得了一份有关韩先生被捕的报告。

在回应韩先生对自己被迫站在方圈里的说法时，邝警员表示，韩先生“会被带到一间房间，里面有一张桌子和一把椅子，但房间内没有监视设备。”他承认，“在搜身时，韩先生很可能被迫保持站立姿势，因为“我们必须能够看清他身体的每个部位。”

至于对韩先生的搜身行为，邝警员说，警察要搜寻的东西，说白了，就是那些可以被“藏在屁股里”的毒品。此外，在搜身前，韩先生没有被允许用洗手间，因为一个有罪的嫌犯可以把这些证据扔到厕所里冲走。

邝警员说：“在紧急情况下，万一他确实撒尿……我们备有拖把。这也许听上去很滑稽，但现实就是这样。”

他说，对韩先生的搜身只是“视觉上”的搜查;如果要进行任何“侵入性”的搜查，则必须在医院进行。

但是，在得知韩先生尽管患有身体疾病但还是被拒绝给予食物时，邝警员不免感到吃惊。

邝警员说：“他是在指定的进餐时间后被带进警局的。所以，虽然他没有被供应一顿饱，但我们可以提供面包供医疗之用。如果他提出要求，他会得到它(面包)的。”

饥寒交迫 走了一个半小时回家

在与华裔警察谈话后，韩先生被领到另一间“四、五平方米的”的房间。他说，他在那里呆到了凌晨5点，这时“他们只是告诉我可以回家了。”

韩先生试图打听是否有人可以陪同他回到家。他说：“警察们只是对我喊：‘不可能，不可能。走，走，走!’我感到饥寒交迫，我也累了。我别无选择。我走了一个半小时才回到家了。”

韩先生认为，如果他能够用英语沟通的话，整个情况的进展会有所不同，但邝警员表示事实并非如此。

邝警员说：“(警方)是在执行搜查地下制作毒品的法令时遇到他的。所有在这种情形下被发现的人都会被逮捕并被调查后才能确定是否释放。即使是被抓是自己的女朋友，结果也是如此。”

他继续说：“警方对你的涉及程度并不了解。假如你是一个罪犯，你显然会否认说自己是清白的。所以，必须对他进行全面调查。”

警方未提供律师之前是不可以行审问

露比•席勒•陈律师事物合伙人陈仲伦向大中报表示，从法律上讲，警方在尚未为韩先生提供律师之前是不可以对他进行审问的。

陈先生说：“警方也许会说，‘我们当时试图告诉他，他可以打电话给律师，但他没有听懂我们说的话。’虽然这不无道理，但这也意味着，他们要等到他们能以他所能听懂的语言将他联系律师的权利告知于他之后，他们才可以向他询问有关该事件的相关情况。”

邝警员对此表示确认。

他说：“对于何时才能找来一名讲国语的警察，我们控制不了。但是，“要等到(警方)向他宣读他的权利之后，他才会被带入牢房。”

警方对房屋的任何损坏 要承担责任

陈先生的合伙人布赖恩•席勒表示，如果警方造成对韩先生房屋的任何损坏，警方则要承担赔偿责任。

他说：“警方有责任以合理的方式执行搜查令。例如，如果他们为了进入一所房子而把门砸开，他们必须把这扇门修好了……即使这所房子为毒贩所有。”

邝警员表示，韩先生最终没有受到任何犯罪指控而被释放，这意味着他没有犯罪记录。

*对韩先生的访谈，由贾宁扬翻译。

英文版

You don’t have to be a criminal to be arrested – a reader’s tale

On Thursday March 22, around eight o’clock PM, Mr. Han (not his real name) finished his work for the day and returned to his second-floor, three-bedroom apartment.

He discovered his front door had a one-foot hole where the doorknob had been.

“I saw more than 10 police officers in the corridor,” Mr. Han told Chinese News. “One of the officers approached me and spoke to me in English.”

Mr. Han doesn’t speak English*, but produced his driver’s licence.

After consulting with each other, two officers pulled Mr. Han’s hands behind his back, handcuffed him, then led him downstairs into his building’s lobby.

“I kept saying, ‘Mandarin! Mandarin! English, no. No English. Mandarin! Mandarin!’” Mr. Han said.

He was brought to the station around nine o’clock. “They pulled me into a small room,” he said. “There was a small square mark and the police said, ‘you stay there.’”

Mr. Han said the distance between the square and the wall was about one foot. “Because I was tired, I tried leaning against the wall,” he said. “As soon as I did, the police came and grabbed me back, yelling at me.” He believes he stood that way for almost an hour.

Around 10 o’clock, Mr. Han’s handcuffs were removed and he was escorted into a “two square foot” room. “I believe they asked me to take off my clothes,” he said.

There was a chair in the room, but Mr. Han was ordered to remain standing. “They asked me to turn around,” he said. “They wanted me to stand up straight and bend myself. They used a torchlight to see my ass. After all this, they said ‘you can dress up now.’”

“I felt humiliated,” he said.

At one point, Mr. Han said, a Chinese-Canadian officer entered and began speaking with him in Mandarin.

“He asked me, do you have a lawyer? I answered no. He told me I could find a lawyer by myself, or we can appoint a lawyer for you,” Mr. Han said.

Mr. Han was told his apartment was a drug dealer’s residence. He’d been arrested during a raid, and the police believed he might possess an illegal substance.

“I told him there are three people living in that unit,” Mr. Han said. “We don’t know each other… I kept telling them you must have the wrong person. I don’t use drugs.”

Mr. Han told the Mandarin-speaking officer he had a stomach condition. “If I don’t eat on time it’s painful. Can you give me some bread or a cookie?” he asked. “He stopped me and said, ‘the rule is, don’t talk. If I ask you a question, you answer. That’s it.’”

Constable Victor Kwong was not present at the scene, but obtained a copy of Mr. Han’s incident report before speaking with Chinese News.

Responding to Mr. Han’s statement that he was forced to stand in a square, Officer Kwong said that Mr. Han “would have been put in a room that has a table and a chair, and we don’t monitor them.” He acknowledged that Mr. Han was likely forced to stand during the strip-search because “we need to be able to see every part of his anatomy.”

Regarding the strip-search, Officer Kwong said the team was looking for drugs which, bluntly, could have been hidden “up his butt.” Nor was Mr. Han allowed to use the washroom before the search, because a guilty suspect could have flushed away the evidence.

“If it really is an emergency that he pees… we have mops. It might sound silly, but it’s true,” Officer Kwong said.

He said the strip-search was only “visual” and that anything “invasive” would have been done at a hospital.

Officer Kwong was surprised to hear that Mr. Han had been denied food despite having a medical condition, however.

“He was brought into the police station after the designated feeding time. So although it is true he did not get a full meal, bread is available for medical needs,” Officer Kwong said. “If he had asked for it, he would have been given it.”

After Mr. Han spoke with the Chinese-Canadian officer, he was escorted into another “four, five square metre” room. He said he remained there until five in the morning, when “they simply told me to go home.”

Mr. Han tried asking if anyone would escort him. “They simply yelled back, ‘No, no, no. Go, go, go!’” he said. “I was hungry, I was cold, and I was tired. I had no choice. I walked one and a half hours to get home.”

Mr. Han believes that his experience would have turned out differently had he been able to communicate in English, but Officer Kwong said that is not the case.

“He was found in a clandestine lab search warrant,” Officer Kwong said. “Everyone in something like that is arrested and investigated before being released. Even if it’s a girlfriend.”

“We don’t know how involved you are,” he continued. “If you were a criminal, obviously you’d be denying it. So he has to be fully investigated.”

Gerald Chan, a partner with law firm Ruby Shiller Chan, told Chinese News that legally, Mr. Han could not be questioned before being provided with access to counsel.

“The police might say, ‘we were trying to tell him that he could call a lawyer, but he didn’t understand what we were saying,’” Mr. Chan said. “Fair enough, but that also means they have to refrain from asking him questions about the incident until he’s notified that he’s got a right to call a lawyer, in a language he understands.”

Officer Kwong confirmed this.

“We don’t control when a Mandarin officer becomes free,” he said. But “he’s not brought into a jail cell until he’s read his rights.”

Mr. Chan’s partner, Brian Shiller, said the police would be responsible for any damage to Mr. Han’s apartment.

“The police are responsible for executing a search warrant in a reasonable way,” he says. “For instance, if they break down a door to get in the house, they have to fix the door… even if it was owned by the dealer.”

Officer Kwong said that Mr. Han was ultimately released with no charges, meaning he does not have a criminal record.

*Mr. Han’s interview translated by Jack Jia.

编注：英翻中：马特-杜鲁门编译。