Three Years since Li Yuan Yee was Wrongly Accused and Committed Suicide
Demand the Police to Publicize the Investigation Report Immediately to Give Her and Her Family Justice!

It has been three years since Li Yuen Yee was wrongly accused in an undercover operation resulted in her committing suicide. Although the incident has aroused social concern, the conclusion from investigation was not publicized yet. CIIB has been delaying again and again to finish the investigation report. The police’s attitude in covering their police officers in abusing their power and violating police conduct has been a continuous threat in victimizing sex-workers.

License to Get Jerked
Li Yuan Yee incident reflected that the police abuse their power and receive sex service in undercover operation. The police have persisted in allowing officers to enjoy masturbation service made them continue to have the “License to Get Jerked”. According to the new guideline, police officers can accept masturbation service with the approval from the district commander or senior inspector. With respect to various legal perspectives from Simon Young, Associate Professor of Legal Department in Hong Kong University, he pointed out that police officers accepting masturbation service is not only wasting tax payers’ money for personal benefit but also violating the moral conduct of the police force. Professor Young also clearly stated that if the police have enough evidence to charge, they do not need to accept any sex services. He used undercover operation guidelines from overseas police force as reference and that many countries have stated in black and white to prohibit police to have or accept any forms of sex service.

The police have once promised to gather information about undercover operation towards the sex trade, they again refused later on and did not provide any information on officers receiving masturbation service. The police only stated that there were 723 undercover operations from Oct 07 to Jun 08 but refused to reveal the no. of cases involved in officers receiving masturbation service and the verdicts of the those cases in court. The police is only pretending to be cooperative but they are still refusing to prohibit officers to receive free sex service in undercover operation.

Police Frame-up
The police have been turning a blind eye to wrong accuse, false evidence by fellow officers. Li Yuen Yee incident was not an independent case. For the past 3 years, Ziteng has received more than 50 complaints from sex-workers about police’s wrong accuse, creating false evidences. From the information from Police Power Concern Unit of Civil Human Rights Front, as a law enforcement officer, the police have many times gave false statements and create false evidences in the court in order to conceal their wrongdoings and pervert the course of justice. The higher level in the police had turned a blind eye to most of the cases mentioned above. Recently, there was a case where an officer was charged with forging evidence. Although he was convicted, the sentence was only a 200 hours community service order. From that, we can tell how much the judicial and law enforcing departments protect police officers.

For the past 3 years, Ziteng and many other sex-workers had made more than 10 complaints to CIIB about power abuse of the police. However, the girls met various obstruction from the police like delaying in the investigation, threatening the complainer and refusing to record truly of the complaint, etc. This created a tremendous psychological burden and threat for the complainers. There were 3 cases where complainers had given up the complaints. Sometime, even when a complainer persisted with enough evidence, as a system with police investigating their fellow colleagues, it continues to allow the police can abuse their power and bear no consequence and the complaint would sooner or later deemed to be inadmissible. The chairman of IPCC has previously stated in the LEGCO meeting that IPCC cannot serve its purpose in monitoring the police. Even the government has turned IPCC to a statutory organization and even had its name changed, however, due to the fact that it does not have the power to investigate, its existence serves no purpose.

Family of Li was hurt when they lost their love. Her mother said in grief that, “It has been 3 years, the police have not told them anything about the investigation and no explanation of what had happened.” We demand the police to finish the investigation report of Li Yuen Yee incident as soon as possible, to treat the incident with fair and openness, punish those officers who have violated the rules and gave justice to the deceased and stop all abuse of power once and for all.

The following are what we demand:

  1. Refer to Li Yuen Yee incident, the police should apologize to Li’s family
  2. The police should publicize the conclusion of the investigation and punish any officer who has violated the rules
  3. Investigate officers who are involved in forging evidences, perverting the course of justice and charge them under the criminal ordinances
  4. The police should release the statistical figure of officers receiving masturbation service as soon as possible and accept the comments from related NGOs, to revise the internal guidelines of the police and state clearly that it is forbidden to allow officers to enjoy any sex services (incl. sexual intercourse, oral sex and masturbation)
  5. The police should investigate the incident thoroughly, punish officers violating the rules and publicize the investigation report. An individual organization should be set up according to the recommendation of United Nations Commission on Human Rights to investigate complaints about power abuse of the police and avoid the situation of “police investigating police”.
  6. Councilors and Security Panel of LEGCO should follow up cases of power abuse of the police (incl. forging evidences, nude search, masturbation in undercover operation, etc.)

10th Oct 2008