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Written by: Zhu Dixin
2020-08-03 18:39
Last update date: 2020-08-03 18:39Wu Jialun, a PhD student at HKUST, was questioned by police officers when he was standing on the street with union members and asked to show his ID card. Wu alleged that during the dispute with the other party, a police officer suddenly expressed suspicion that Wu entered the country illegally and issued a warning. Wu was reluctant to give in because he was worried that the other party would use force. However, Wu believes that there is not enough evidence to support the claim that he is an illegal immigrant. He believes that the police officers’ practices are illegal and unreasonable. He then applied to the High Court for judicial review last Friday (28th), requesting the court to rule that the police cited The relevant provisions of the "Immigration Ordinance" are unconstitutional, or require the court to issue an order. When the "Immigration Ordinance" cited by law enforcement officers inspects the ID of others, its purpose needs to be related to immigration control.
Refers to repeated police checks
The applicant Wu Jialun, who is also the honorary adviser of the Hong Kong Auxiliary Teaching and Research Staff Union, said in his application that on May 1 this year, he and three other union members set up a street stop on the flyover between the Hung Hom MTR station and the Polytechnic University, appealing to the public Form and join trade unions. At 3 o'clock in the afternoon, a team of riot police officers went to the street station for questioning, and then left. About an hour or so, four uniformed police officers arrived for questioning and recorded the information of one of the union members. The four uniformed police officers left afterwards, but suddenly returned, asking Wu and three other union members to show their ID cards.
HKUST doctoral student Wu Jialun applied to the High Court for judicial review. (Profile picture)
Only when someone is suspected of breaking the law can ask for an ID card
Wu responded by stating that if the uniformed officers suspect that Wu and others have committed a crime, they have no right to require them to show their ID cards. He also called a friend who was a lawyer for help, and the other party also made similar statements.
The four uniformed police officers all pointed out that the four union members were not suspected of breaking the law, but one of the uniformed police officers said: "In short, you are required to show your ID card. I am a policeman." The officer suddenly said that he suspected Wu. He is an illegal immigrant and he is required to show his ID card.
Worried about police obedience by force
Wu therefore called his lawyer friend again. The police officer said that Wu was obstructing office work and issued three warnings. Wu worried that the other party would use force and eventually showed his ID card. After recording the information of the four union members, the uniformed police left at about 5:00. Wu later inquired with the police and received a reply stating that the police officer requested Wu to show his identity card in accordance with the "Immigration Regulations" that day.
Wu Zai's application stated that according to the "Immigration Regulations", if the purpose of a police officer requesting someone to show his identity card has nothing to do with immigration control, the police officer has no right to make this request. The four uniformed police officers involved in the case all stated that the personal data of the four union members had to be recorded because they set up street stations. Only one of the police officers suddenly expressed his suspicion that Wu was an illegal immigrant.
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Questioned that ID check has nothing to do with immigration control
Wu pointed out that, based on the circumstances at the time, suspecting that Wu was an illegal immigrant was not the real reason for checking the ID card, and checking the ID card was not related to immigration control, so it was illegal. The police suspected that Wu was an illegal immigrant and did not have sufficient evidence to support it. Therefore, it was unreasonable to request Wu to provide his identity card.
Wu also pointed out that if the "Immigration Ordinance" permits law enforcement officers to require others to show their identity cards, the purpose has nothing to do with immigration control and violates the personal freedom protected by the "Basic Law."
Ask the court to rule that misquoting the Ordinance is unconstitutional
Wu asked the court to issue an order that when law enforcement officers refer to the "Immigration Regulations" to check the identity cards of others, their purpose needs to be related to immigration control. If the court believes that when law enforcement officers refer to the relevant conditions of the Immigration Regulations to check the identity cards of others, the purpose may have nothing to do with immigration control, Wu believes that the court should issue an order, and the relevant provisions of the Immigration Regulations are unconstitutional.
Case number: HCAL1593/2020
Judicial Review Labor Day Court