【有關懷疑於荃灣警署發生的強姦案之刑事調查】
我們代表近日向警方報案、指控數名警員於荃灣警署強姦她的少女X。
少女X在預期警方會公正、保密並尊重她的私隱及尊嚴之下向警方報案。由始至終，她也並未就事件作出公開評論，也沒有打算以任何方式公開事件。
令人遺憾的是，負責調查少女X一案的警員似乎有系統地抹黑少女X以及她的投訴。警方刻意洩露有關案件的資料的舉動，會令任何客觀的旁觀者相信此舉是有意公開抹黑少女X並影響未來的起訴。
就警方近日洩露有關資料的行為，少女X希望透過我們發表以下聲明：
在2019年10月的某日，少女X鼓起勇氣，就她在荃灣警署內被強姦一事報案。她循正規的途徑報案，並在稍後向警方說出事情的詳細經過，亦回答了警方鉅細無遺及具侵略性的問題。一如警方所要求，她接受了法醫的檢查。她亦接受了終止懷孕的手術並容許法醫從胎兒取得DNA樣本作檢驗，以辨別至少一名施暴者。
在整個調查過程中，少女X重覆向警方查問案件的進度，但有關的調查隊伍拒絕向她提供任何詳情。
在2019年11月4日，少女X得知警方在沒有她的事前知悉或同意下，取得一份搜查令以檢取她的私人醫療紀錄，包括那些遠在案發之前的紀錄。該搜查令亦允許警方從她私人醫生的診所取得案發數日前後的閉路電視紀錄。
香港警務處發出的《罪行受害者約章》保障刑事案件受害者的私隱和尊嚴會在任何時候被尊重。而在強姦受害人不知情和沒有同意的情況下索取其私人醫療紀錄一舉完全侵犯了她的私隱權。此舉等同濫用警權，實在令人髮指。
少女X立刻訴諸法庭挑戰搜查令。2019年11月5日早上，發出搜查令的裁判官，經被詳細告知事實後，立刻命令暫緩執行搜查令。裁判官更頒下匿名令予少女X，禁止任何人(包括傳媒)不論直接或間接識別少女X的身份。違反匿名令可能被視為藐視法庭。
在過去數天，少女X為有關此案細節在網上洩漏一事感到憂悶。警察公共關係科及不具名的「警方消息人士」選擇性地透露疑似有關案件調查的細節，並對證據作出負面評價，此種種行徑會令任何客觀的旁觀者相信此舉是有意公開抹黑少女X並影響未來的起訴。
少女X認為，任何警方試圖貶損性暴力受害人名譽以及對證據作出負面評論的舉措是相當令人不齒以及具冒犯性的。此等行為應予最強烈的讉責。
毫不意外地，少女X無法信任香港警察可以公正地調查她的指控，又或任何與警員有關的指控。
少女X要求警方立即停止他們不合法且極不專業的資料披露，以及停止評論有關她的案件。她期望她的私隱能夠被尊重。
Criminal Investigation into Allegation of Rape inside Tsuen Wan Police Station.
We represent Ms X, a young Hong Kong female who recently filed a criminal complaint alleging that she was raped by a number of police officers in Tsuen Wan Police Station.
Ms X made her complaint to police in the expectation that it would be investigated with impartiality, in strict confidence, and with respect for her privacy and dignity. She has made no public comment about the case and has not sought publicity in any way.
Unfortunately, the police investigating Ms X’s case appear to have systematically worked to discredit her and to undermine her complaint. Police have deliberately leaked supposed details of the case in a manner which any objective observer would be driven to conclude, were directed at publicly discrediting Ms X and diminishing any prospect of a successful prosecution.
In light of the recent leaks and statements by the police, Ms X wishes us to issue the following statement.
On a date in October 2019, Ms X took the courageous step of filing a report to police about her rape inside Tsuen Wan Police Station. She filed her report through the proper channels. She subsequently gave a detailed account of the events to police, answering extensive and highly invasive questions. As requested by police, she underwent a forensic medical examination. Ms X further underwent a termination of the ensuing pregnancy and has permitted the taking of a DNA sample from the aborted foetus to assist in identifying at least one of her assailants.
Throughout the investigation, Ms X has repeatedly asked police for updates on the case but the investigating team has refused to provide her with any details whatsoever.
On 4th November, 2019 Ms X learned that police had, without her knowledge or consent, obtained a search warrant to seize her private medical records, including those long pre-dating the allegations. The warrant also allowed police to seize CCTV footage from her private doctor’s clinic for a period of several days before and after the date of the alleged rape.
The Hong Kong Police Force Victims’ Charter guarantees that the privacy and dignity of criminal complainants will be respected at all times. To seek to obtain a rape complainant’s private medical records without their knowledge and consent is a gross invasion of privacy. Such action was an outrageous abuse of police power.
Ms X immediately went to court to challenge the search warrant. On the morning of 5th November 2019, the issuing magistrate, having been properly apprised of the facts, immediately suspended the search warrant. The Magistrate further granted an Anonymity Order, which prevents any person (including the press) from identifying Ms X, whether directly or indirectly. A breach of the Anonymity Order may amount to a contempt of Court.
Over the past few days, Ms X has been deeply distressed to see alleged details of her case leak onto the internet. The Police Public Relations Bureau and unidentified ‘police sources’ have selectively released supposed details of the investigation, along with adverse comment on the evidence, in a way which any objective observer would be driven to conclude, were directed at publicly discrediting Ms X and diminishing any prospect of a successful prosecution.
Ms X considers that any attempt by police to publicly discredit a rape victim and adversely comment on evidence in an on-going investigation is despicable and offensive. Such attempts should be condemned in the strongest terms.
Unsurprisingly, Ms X has formed the view that the Hong Kong police force cannot be trusted to impartially investigate her allegations or indeed any criminal complaints relating to police officers.
Ms X demands that the police immediately cease the unlawful and grossly unprofessional leaking of information and comment about her case. She asks for her privacy to be respected.
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