1. A search is to be conducted so that police officers can properly discharge their statutory functions and fulfil the Force's duty of care to persons detained in custody and to ensure the safety of others who may come into contact with detained persons. [PGO 49-04(1)]

2. The Duty Officer of the police station where a person is to be detained will determine the scope of the search on a case-by-case basis in accordance with the prevailing circumstances in order to satisfy himself that the detained person does not have in his possession:

(a) any weapon or article with which he might harm himself or others or any implement with which he might escape;

(b) evidence that is material to the offence for which he is arrested or charged, and to any other offences, and

(c) any article with which he could commit a further crime, e.g. malicious damage to property or consumption or distribution of dangerous drugs. [PGO 49-04(2)]

3. The Duty Officer should consider the offence committed, criminal record, level of violence exhibited, demeanour of a detainee, previous record of self-harm or suicidal tendency exhibited or any other factors he considers relevant. The Duty Officer must be able to justify the search. [FPM 49-04(5)]

4. Prior to conducting a search on a detained person, the Duty Officer, or in his absence his authorised deputy, will explain to the detained person the reasons for and scope of the search to be carried out. [PGO 49-04(4)]

5. The Duty Officer will ensure that a copy of the "Custody Search Form" Pol 1123 is served on the detained person, the contents explained and the detained person is invited to sign the Form in acknowledgement prior to the search. A new "Custody Search Form" will be used for subsequent searches. A copy of the signed Pol 1123 will be provided for the detained person's retention, provided that he or she does not have suicidal tendencies. [PGO 49-04(5)]

6. The Duty Officer, or his designated deputy, will record the followings in CIS as soon as practicable after the search of every detained person:

a) reasons for the search;

b) scope of the search;

c) service and signing of the Pol 1123;

d) name of the officer who has conducted the search;

e) name of the officer who has witnessed the search;

f) location where the search was carried out, and

g) any concern raised by the detained person regarding the search, as well as action taken to address the concern. [PGO 49-04(6)]

7. Officers should not conduct a search on a detainee as a matter of routine. They must be able to justify every search on a case-by-case basis, bearing in mind that the detained person has been searched prior to his detention.

8. Detained persons escorted from police stations to Courts or the San Uk Ling Holding Centre normally will not need to be searched again as they have already been searched during their detention in police stations. However, a search on a detained person can be made on a case-by-case basis, if the search is required to ensure the safety of staff and detainees. Freshly detained persons will need to be searched and prisoners transferred from other law enforcement agencies into police custody at Courts may need to be searched for safety reasons. In any event, all searches conducted must be properly recorded in notebooks, Occurrence Book and End-of-shift Report.

(This column is contributed by the Complaints and Internal Investigations Branch)