日期：2017年10年12月2日值班律師：Annie Wang (志願者 Legal Volunteer )
1
移民事宜
案例一
林先生, 生於 1990 年。 2005 年 2 月份持半年有效簽證來英國。 2006 年 2 月份開始在英國 逾期居留。
林先生來英國的時候只有 15 周歲。 但是申報庇護的時候已經年過十八周歲。
意見:根據林先生敘述的情況,告訴他因為他持有效護照並持有簽證來到英國,想要繼續 重新申請避難從而在英國獲得居留機會微乎其微。 如果以身患疾病為理由申請居留身份,律師 需要知道更多詳細的情況才可以給他進一步的意見。
英文
Mr. Lin, born in 1990. Holding Half-year valid visa came to the United Kingdom in July 2005. Overstaying since February 2006. He was arrested by the police in Oct. 2011 following some accident happened. He was sent to hospital by the police. Mr. Lin was not willing to disclose the specific circumstances. He subsequently declared political asylum based on the ground of religious reasons. His asylum application had been refused very soon. His solicitor helped him to submit refuse appeals,
but ended in failure. He did not apply for JR (judicial review). Mr. Lin has been under medications after he was discharge in hospital since 2011. He does not want to disclose the specific details. Mr. Lin was only 15 years old when he came to the UK. However, when declaring asylum, he was already passed the age of 18.
Mr. Lin hopes to continue applying for UK residence status. He has neither girlfriend with UK settlement status and nor children in the UK.
Comments: According to Mr. Lin's account, he was told that there was a very limited chance to obtain residence permit in the United Kingdom because he had his valid passport and valid visa when he came to the UK even he changed ground to submit fresh asylum application. If he has intention to apply for status with ground of his illness, he had to instruct an immigration solicitor, and the solicitor would need more detailed information before giving him further advices.
2
移民事宜
案例二
林先生的父親在1997年來到英國。
英文
Mr. Lin's father came to England in 1997. He has no residency status up to date. The reason his dad did not dare to apply for residency status was that because he was found guilty and received six months' imprisonment in 2009 following a common assault case.
In view of Mr. Lin's father has been staying in the UK to Britain over 20 years of time, and there is no proof to show that he has not left England in 20 years, his criminal case has passed over 8 years and he can prove his addresses for those 20 years in the UK, he may have chance to apply status under 20 years long resident rules. M Lin was suggested to make an appointment for his father and himself to come to our firm to see our senior immigration solicitor in order to discuss their immigration matters.
3
租房糾紛
案例三
郭先生,英籍華人。 在英國十幾年居住在 Soho 地區。 他一年多之前退掉上一次租賃的公 寓時,房東找藉口不肯退還他的 1650.00 英鎊的押金。 為此他多次與房東交涉未果。 後來房東 答應退給他部分押金,但是扣除的押金過為不合理。
告訴郭先生,在英國,按照法律,房東必須把租房押金放在協力廠商機構,否則房客可以向 房東追訴 3 倍押金賠償。
郭先生認為他索賠的數目不是很高,如果找律師説明他可能會需要支付較高的律師費。 因 此高先生去找過地方政府的公民法律諮詢部門尋求幫助。 但是因為打電話均是留言,他直接去 過他居住的轄區的地方政府公民法律諮詢部門,兩次都因時間關係沒有見到該部門的律師。
鑒於郭先生擔心律師費的問題,建議他繼續聯繫他所居住的地區的地方政府的公民法律諮 詢機構,尋求解決他的房租事宜。 也告訴郭先生會在英國華人律師協會公告他的房屋租金的事 宜。
英文
他的客戶（英國公民）和她的丈夫（中國國民）目前在香港生活和工作， 他們於2012年結婚。 結婚後， 客戶前往澳大利亞留學。 從2014年起， 他們共同在香港。 目前丈夫正準備離開香港工作， 並在英國加入他的妻子。 目前客戶沒有工作， 但是丈夫正在IT行業工作。 他的月薪超過4萬港元， 比他節省的62,500英鎊還多。 Healso擁有IT專業的碩士學位， 並以英語授課。 客戶想要預定12月4日的航班為她的丈夫來到英國， 向她解釋從英國以外申請配偶簽證的條件：
•薪水超過18,600英鎊， 或節省超過62,500英鎊
•英文要求：證實丈夫符合要求•婚姻狀況證明：香港最近兩年的住址證明
•對客戶最後一個提醒：即使客戶的丈夫在香港工作和生活， 但他仍然需要英國簽證。
4
家人探親簽證
案例四
高先生,來英國 26 年。 因為政治原因不能返回中國。 26 年沒有見到自己已經 90 歲的老 母親。 為母親申請數次探親簽證,數次申請均遭到英國入境簽證官的拒簽。 入境簽證官拒絕頒 發給他老母親簽證的理由不真實。 比如:雖然他已經退休,但是有退休金和政府住房,他的太 太有工作。 他的母親每月有退休金¥3,000.00 多人民幣,而且在北京有自己的房產。 入境簽證 官的拒絕信中卻聲稱他的收入不夠高,他的母親沒有收入,沒有房產。 等等。 高先生需求過各 方支援,甚至國際人權組織也出面説明他。 然而母親的簽證還是沒有獲得批准。
告訴高先生,鑒於最後一次拒絕已經超過上訴期,如果他需要律師説明他重新提出申請, 他可以委託一位資深移民律師幫助他重新提出申請。律師首先需要他簽署兩份委託書,一封向 內政部表明他委託委託該代表他受理他申請他的母親來英國探親簽證的相關事宜。另外一封委 托律師到內政部調出他申請母親來英國探親的全部記錄。律師審查完他申請母親來英國探親的 全部記錄之後,需要和他開會討論細節問題,以便尋求一個最好的方案來幫助他。
告訴高先生我們律師樓有幾個資深移民律師,他可以委託我們律師樓幫助他受理他母親辦 理探親簽證的事宜。
高先生的第二件事宜,是他有一單刑事案件。打官司的結果是數目不大的罰款。高先生認 為警方處理不公,希望找到律師投訴警方。
鑒於時間關係,告訴高先生,他需要找一位元受理刑事案件的律師幫助他處理這件事情。我 們律師樓有資深受理刑事案件的律師。他可以打電話預約見我們律師樓受理刑事案件的律師。
英文
Mr. Gao, came to the UK over 26 years. He hasn’t met his mother ever since he came to this country. His mother is 90 years old. He is not allowed to go back to China because of political reasons. He tried to apply visitor’s visa for his mother several times, all applications had been denied by the ECO. Mr Gao said that the reasons of refusals were all not true. For example: Although he is already retired, he has pensions and council house, his wife has been working. His mother has ¥ 3,000.00 yuan pension monthly, and has her own property in Beijing. However, in the letter of refusal , the ECO claimed that his income was not high enough. His mother had no income and no property in China, etc..
Mr. Gao received supports from a few organizations. Even The International Human Rights Organizations had come forward to help him. However, her mother's visa was still not approved.
Told Mr. Gao that since the last refusal had already passed the limited appeal time, if he would like to submit a fresh application, he might need to instruct a senior immigration solicitor to help him. The solicitor should ask him to sign two instructions, one of them would be sent to the Home Office , to show that he has authorized a solicitor to help him handling of his application for his mother's visa to come to the UK to visit him. The other instruction would be sent to DPU of the Home Office in order to get his full records of applying for visa for his mother. After the solicitor examines the entire records of his applications for a mother's trip to England to visit him, the solicitor would contact him again as he / she needs to have conference with him to discuss the details in order to find the best solutions to help him.
Tell Mr. Gao that we have several senior immigration solicitors in our law firm. He can make an appointment to come to our office for the further help.
Mr. Gao's second issue is that he had a criminal case years ago. The result of his criminal case ended that he had received light punishment of just paying small sum of fines. Mr. Gao believes the police deal with his case injustice, hoping to find a solicitor to complain to the police.
In the light of time, Mr. Gao was told that he needed to find a solicitor to help him with this matter. Told him that our firm has a senior solicitors dealing with criminal cases, but he might not be entitled to get legal aid. He is willing to pay, he could ring us to make an appointment to see our crime cases solicitor.
5
移民簽證
案例五
黃女士因自身移民的事宜攜女兒和外孫女來華人諮詢中心需求幫助。黃女士不在預約人
黃女士的女兒的前夫是希臘人。她持有五年歐盟配偶簽證。續簽時因為移民局的錯誤,她 的續簽申請遭到拒絕。後來經過申訴,內政部最終給她續簽了五年的簽證。與此同時,她的母 親,即黃女士的簽證續簽被拒絕。內政部通知她 2017 年 12 月 12 日到內政部面見移民官。
黃女士聲稱她不能回中國。原因是因為她的丈夫受人陷害,欠下巨額債務。現在已經被判 刑入監,刑期 20 年。她家的財產及房子被法院沒收抵債。如果回去中國,她將會面臨無家可 歸的境地。她要求尋求庇護。
告訴黃女士,英國群求政治庇護只有五個條件:種族,宗教,參加一個特殊的政治團體, 和持有不同政見。她是辦理了有效護照,通過正規的途徑申請有效簽證來英國探親。申請政治 避難成功的機率幾乎是零。
她的女兒諮詢過別的律師,並且花了很多律師費以人權的角度申請在英國居留。律師告 訴她們,可以以她只有這一個女兒,而且和外孫女有了深厚的感情為理由提出申請。申請遞交 不久就被拒絕。律師為她提出上訴,上訴也被駁回。
告訴她們,由於黃女士已經有預期居留一年多的移民史的紀錄,她回去中國再申請來英 國探親,入境簽證官拒絕她的申請的可能性很大。
由於時間關係,告訴她們如果需要更進一步的意見,可以預約來我們律師樓和我們律師樓 的資深的受理移民事宜的律師面談。我們可以給她們二十分鐘免費諮詢。
英文
Ms. Huang came to Chinese Information Centre with her daughter and granddaughter, seeking help for her immigration matters.
Ms. Huang is not in the booking list. As her case is in an urgent situation, Volunteer decided to give her a chance to sit down and talk about her immigration matters.
Ms. Huang's daughter's ex-husband is a Greek. She holds five-year EU spouse visa. Her renewal application was rejected due to immigration officer’s mistakes. After appeal, she was eventually renewed her visa for further five years. In the meantime, the visa renewal of her mother, Ms. Huang, was rejected. She received letter from Home Office recently, and was informed that she would meet with the Immigration Officer on December 12, 2017.
Ms. Huang claimed that she could not return to China. The reason is because her husband was framed and owed a huge debt. He is now has been convicted and has been sentenced 20 years’ imprisonment. Her family's property and houses were confiscated by the court. Said if she returned to China, she would face a homeless situation. She asked whether she could apply for asylum.
Told Ms Huang that there are only five conditions for political asylum in the UK: race, religion, participation in a special political group, and dissent. She had a valid passport and applied for a valid visa to visit her family in the United Kingdom through formal channels. Told her that the probability of success in applying for political asylum for her was almost zero.
Her daughter consulted with other solicitor and paid a lot of legal fees applying for human residency in the UK. The solicitor advised her that she could apply status on the grounds that she had only one daughter and had a deep feeling and close relationship with her
granddaughter based on Human Rights rules. The application was rejected shortly after it was submitted. The solicitor submitted appeal her and the appeal was dismissed.
Her daughter said, "I just wanted my mother to live in the UK, why couldn’t?"
Told them that immigration laws in the United Kingdom did not following the will of the applicants, and immigration officials will decide, in accordance wi th the Immigration Act, whether she would be granted her status. If they insisted on continuing to file an application, the success chance should be negligible.
Told them that since Ms. Huang already had a record of the immigration history of over staying for more than a year, if she applied again to visit her family in the UK, the ECO would be highly likely to decline her application.
Because of the limited time, told them that if they needed further advices, they could ring and make an appointment to come to our office to have a short conference with our senior immigration solicitor. We could give them twenty minutes free advices.
日期：2017年11月25日下午3點到四點
地點:倫敦唐人街華人社區中心
值班律師：Nancy SUN (法律志願者), 林先生 (諮詢者) , 董婷婷 (社區中心經理,廣東話翻譯)
6
刑事案件調查
案例六
林先生是退休人士,在 Bexleyheath 有一套房子,房主是林先生本人。三個成年兒子目前與林先生林太太居住 在此。11 月 22 日下午警察局的相關警員帶著 Westminster Magistrates’ Court 簽發的搜查令來到林先生住處沒 收了幾部手提電腦,CD 光碟,USB 以及桌上型電腦主機主機殼等。
據林先生介紹,自己英文不好,警局有派翻譯說明本次搜查與 Possession of Indecent Images of Children 的犯 罪類調查有關,目前正處於取證階段。警局後續會聯繫林先生。林先生希望知道如何處理此事。
林先生向我們提供了三份檔 1. 搜查令(issued by Westminster Magistrates’ Court); 2 通知 Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001; 3 信息單Information to the Occupier paper (Issued by Metropolitan Police on 22/11/2017: 0625-0720)。
1. 搜查令 Warrant to enter and search premises (Laptops/hard drives/USBs), issued by Westminster Magistrates’Court.
內容如下:
This warrant is issued under Section 4(2) Protection of Children Act 1978 Possession of Indecent Images of Children
- Any indecent photograph or pseudo photograph of a child- Chat logs and emails pertaining to the sexual abuse of children contained within any mobile phones,
Computer hard drive, or storage device including, but not exclusively, CD’s DVD’s floppy disc, memory stickscards, photographs and negatives which are capable of conversation into a photograph
2. 通知 Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001 (Issued by Metropolitan Police on 22/11/2017: 0625-0720)
3. Information to the Occupier paper
根據林先生的描述以及三份檔的內容給出如下建議1. 等候警局的進一步通知,注意近期的電話或者信件。
2.根據 Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001 說明,提醒林先生擁有的相關權利 1. Applying for the return of seized property; 2. Duty to secure property ; 3. Applying to attend examination of seized property 。如有需要可以根據通知上提供的警員資訊及地 址電話與相關人員取得聯繫。
3. 收到警局調研取證的結果後及時聘請相關的刑事訴訟律師為自己(及家人)做辯護工作。
英文
Mr Lam is a retired man, he lives in Bexleyheath with his wife and three adult children. He received a court warrant regarding Possession of Indecent Images of Children on 22 November 2017. Police came to his house and took the laptops, CDs, computer hard drives and USBs away for further investigation. Mr Lam wants to know what will happen next and how he should deal with it.
Mr Lam presented three documents in relation to the house search, 1.Warrant to enter and search premises (Laptops/hard drives/USBs), issued by Westminster Magistrates’ Court. This warrant is issued under Section 4(2) Protection of Children Act 1978
Possession of Indecent Images of Children
- Any indecent photograph or pseudo photograph of a child
- Chat logs and emails pertaining to the sexual abuse of children contained within any mobile phones,
Computer hard drive, or storage device including, but not exclusively, CD’s DVD’s floppy disc, memory stickscards, photographs and negatives which are capable of conversation into a photograph
2. Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001, issued by Metropolitan Police on 22/11/2017: 0625-0720, and 3. Information to the Occupier paper.
Based on his summary of the incident and the documents presented, following advice were given:
1. wait to see the investigation result, Police should contact him in due course, make sure he regular checks his phones and letters received.
2. remind Mr Lam the rights he has under the Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001 ie.,1) applying for the return of seized property; 2) duty to secure property ; and 3) applying to attend examination of seized property. Should he wish to contact the Police, he may use the information listed on this notice.
3. Once Mr Lam receives the further information in relation to this criminal investigation he may engage the criminal defence lawyers ASAP to prepare his (or his family members) case.
以上文中觀點僅代表作者意見，不是黃金時代傳媒觀點
Keep calm and see London at sun set
長按，識別二維碼，加關注
點擊“閱讀原文”流覽往期文章
然而母親的簽證還是沒有獲得批准。告訴高先生,鑒於最後一次拒絕已經超過上訴期,如果他需要律師説明他重新提出申請, 他可以委託一位資深移民律師幫助他重新提出申請。律師首先需要他簽署兩份委託書,一封向 內政部表明他委託委託該代表他受理他申請他的母親來英國探親簽證的相關事宜。另外一封委 托律師到內政部調出他申請母親來英國探親的全部記錄。律師審查完他申請母親來英國探親的 全部記錄之後,需要和他開會討論細節問題,以便尋求一個最好的方案來幫助他。
告訴高先生我們律師樓有幾個資深移民律師,他可以委託我們律師樓幫助他受理他母親辦 理探親簽證的事宜。
高先生的第二件事宜,是他有一單刑事案件。打官司的結果是數目不大的罰款。高先生認 為警方處理不公,希望找到律師投訴警方。
鑒於時間關係,告訴高先生,他需要找一位元受理刑事案件的律師幫助他處理這件事情。我 們律師樓有資深受理刑事案件的律師。他可以打電話預約見我們律師樓受理刑事案件的律師。
英文
Mr. Gao, came to the UK over 26 years. He hasn’t met his mother ever since he came to this country. His mother is 90 years old. He is not allowed to go back to China because of political reasons. He tried to apply visitor’s visa for his mother several times, all applications had been denied by the ECO. Mr Gao said that the reasons of refusals were all not true. For example: Although he is already retired, he has pensions and council house, his wife has been working. His mother has ¥ 3,000.00 yuan pension monthly, and has her own property in Beijing. However, in the letter of refusal , the ECO claimed that his income was not high enough. His mother had no income and no property in China, etc..
Mr. Gao received supports from a few organizations. Even The International Human Rights Organizations had come forward to help him. However, her mother's visa was still not approved.
Told Mr. Gao that since the last refusal had already passed the limited appeal time, if he would like to submit a fresh application, he might need to instruct a senior immigration solicitor to help him. The solicitor should ask him to sign two instructions, one of them would be sent to the Home Office , to show that he has authorized a solicitor to help him handling of his application for his mother's visa to come to the UK to visit him. The other instruction would be sent to DPU of the Home Office in order to get his full records of applying for visa for his mother. After the solicitor examines the entire records of his applications for a mother's trip to England to visit him, the solicitor would contact him again as he / she needs to have conference with him to discuss the details in order to find the best solutions to help him.
Tell Mr. Gao that we have several senior immigration solicitors in our law firm. He can make an appointment to come to our office for the further help.
Mr. Gao's second issue is that he had a criminal case years ago. The result of his criminal case ended that he had received light punishment of just paying small sum of fines. Mr. Gao believes the police deal with his case injustice, hoping to find a solicitor to complain to the police.
In the light of time, Mr. Gao was told that he needed to find a solicitor to help him with this matter. Told him that our firm has a senior solicitors dealing with criminal cases, but he might not be entitled to get legal aid. He is willing to pay, he could ring us to make an appointment to see our crime cases solicitor.
5
移民簽證
案例五
黃女士因自身移民的事宜攜女兒和外孫女來華人諮詢中心需求幫助。黃女士不在預約人
黃女士的女兒的前夫是希臘人。她持有五年歐盟配偶簽證。續簽時因為移民局的錯誤,她 的續簽申請遭到拒絕。後來經過申訴,內政部最終給她續簽了五年的簽證。與此同時,她的母 親,即黃女士的簽證續簽被拒絕。內政部通知她 2017 年 12 月 12 日到內政部面見移民官。
黃女士聲稱她不能回中國。原因是因為她的丈夫受人陷害,欠下巨額債務。現在已經被判 刑入監,刑期 20 年。她家的財產及房子被法院沒收抵債。如果回去中國,她將會面臨無家可 歸的境地。她要求尋求庇護。
告訴黃女士,英國群求政治庇護只有五個條件:種族,宗教,參加一個特殊的政治團體, 和持有不同政見。她是辦理了有效護照,通過正規的途徑申請有效簽證來英國探親。申請政治 避難成功的機率幾乎是零。
她的女兒諮詢過別的律師,並且花了很多律師費以人權的角度申請在英國居留。律師告 訴她們,可以以她只有這一個女兒,而且和外孫女有了深厚的感情為理由提出申請。申請遞交 不久就被拒絕。律師為她提出上訴,上訴也被駁回。
告訴她們,由於黃女士已經有預期居留一年多的移民史的紀錄,她回去中國再申請來英 國探親,入境簽證官拒絕她的申請的可能性很大。
由於時間關係,告訴她們如果需要更進一步的意見,可以預約來我們律師樓和我們律師樓 的資深的受理移民事宜的律師面談。我們可以給她們二十分鐘免費諮詢。
英文
Ms. Huang came to Chinese Information Centre with her daughter and granddaughter, seeking help for her immigration matters.
Ms. Huang is not in the booking list. As her case is in an urgent situation, Volunteer decided to give her a chance to sit down and talk about her immigration matters.
Ms. Huang's daughter's ex-husband is a Greek. She holds five-year EU spouse visa. Her renewal application was rejected due to immigration officer’s mistakes. After appeal, she was eventually renewed her visa for further five years. In the meantime, the visa renewal of her mother, Ms. Huang, was rejected. She received letter from Home Office recently, and was informed that she would meet with the Immigration Officer on December 12, 2017.
Ms. Huang claimed that she could not return to China. The reason is because her husband was framed and owed a huge debt. He is now has been convicted and has been sentenced 20 years’ imprisonment. Her family's property and houses were confiscated by the court. Said if she returned to China, she would face a homeless situation. She asked whether she could apply for asylum.
Told Ms Huang that there are only five conditions for political asylum in the UK: race, religion, participation in a special political group, and dissent. She had a valid passport and applied for a valid visa to visit her family in the United Kingdom through formal channels. Told her that the probability of success in applying for political asylum for her was almost zero.
Her daughter consulted with other solicitor and paid a lot of legal fees applying for human residency in the UK. The solicitor advised her that she could apply status on the grounds that she had only one daughter and had a deep feeling and close relationship with her
granddaughter based on Human Rights rules. The application was rejected shortly after it was submitted. The solicitor submitted appeal her and the appeal was dismissed.
Her daughter said, "I just wanted my mother to live in the UK, why couldn’t?"
Told them that immigration laws in the United Kingdom did not following the will of the applicants, and immigration officials will decide, in accordance wi th the Immigration Act, whether she would be granted her status. If they insisted on continuing to file an application, the success chance should be negligible.
Told them that since Ms. Huang already had a record of the immigration history of over staying for more than a year, if she applied again to visit her family in the UK, the ECO would be highly likely to decline her application.
Because of the limited time, told them that if they needed further advices, they could ring and make an appointment to come to our office to have a short conference with our senior immigration solicitor. We could give them twenty minutes free advices.
日期：2017年11月25日下午3點到四點
地點:倫敦唐人街華人社區中心
值班律師：Nancy SUN (法律志願者), 林先生 (諮詢者) , 董婷婷 (社區中心經理,廣東話翻譯)
6
刑事案件調查
案例六
林先生是退休人士,在 Bexleyheath 有一套房子,房主是林先生本人。三個成年兒子目前與林先生林太太居住 在此。11 月 22 日下午警察局的相關警員帶著 Westminster Magistrates’ Court 簽發的搜查令來到林先生住處沒 收了幾部手提電腦,CD 光碟,USB 以及桌上型電腦主機主機殼等。
據林先生介紹,自己英文不好,警局有派翻譯說明本次搜查與 Possession of Indecent Images of Children 的犯 罪類調查有關,目前正處於取證階段。警局後續會聯繫林先生。林先生希望知道如何處理此事。
林先生向我們提供了三份檔 1. 搜查令(issued by Westminster Magistrates’ Court); 2 通知 Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001; 3 信息單Information to the Occupier paper (Issued by Metropolitan Police on 22/11/2017: 0625-0720)。
1. 搜查令 Warrant to enter and search premises (Laptops/hard drives/USBs), issued by Westminster Magistrates’Court.
內容如下:
This warrant is issued under Section 4(2) Protection of Children Act 1978 Possession of Indecent Images of Children
- Any indecent photograph or pseudo photograph of a child- Chat logs and emails pertaining to the sexual abuse of children contained within any mobile phones,
Computer hard drive, or storage device including, but not exclusively, CD’s DVD’s floppy disc, memory stickscards, photographs and negatives which are capable of conversation into a photograph
2. 通知 Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001 (Issued by Metropolitan Police on 22/11/2017: 0625-0720)
3. Information to the Occupier paper
根據林先生的描述以及三份檔的內容給出如下建議1. 等候警局的進一步通知,注意近期的電話或者信件。
2.根據 Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001 說明,提醒林先生擁有的相關權利 1. Applying for the return of seized property; 2. Duty to secure property ; 3. Applying to attend examination of seized property 。如有需要可以根據通知上提供的警員資訊及地 址電話與相關人員取得聯繫。
3. 收到警局調研取證的結果後及時聘請相關的刑事訴訟律師為自己(及家人)做辯護工作。
英文
Mr Lam is a retired man, he lives in Bexleyheath with his wife and three adult children. He received a court warrant regarding Possession of Indecent Images of Children on 22 November 2017. Police came to his house and took the laptops, CDs, computer hard drives and USBs away for further investigation. Mr Lam wants to know what will happen next and how he should deal with it.
Mr Lam presented three documents in relation to the house search, 1.Warrant to enter and search premises (Laptops/hard drives/USBs), issued by Westminster Magistrates’ Court. This warrant is issued under Section 4(2) Protection of Children Act 1978
Possession of Indecent Images of Children
- Any indecent photograph or pseudo photograph of a child
- Chat logs and emails pertaining to the sexual abuse of children contained within any mobile phones,
Computer hard drive, or storage device including, but not exclusively, CD’s DVD’s floppy disc, memory stickscards, photographs and negatives which are capable of conversation into a photograph
2. Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001, issued by Metropolitan Police on 22/11/2017: 0625-0720, and 3. Information to the Occupier paper.
Based on his summary of the incident and the documents presented, following advice were given:
1. wait to see the investigation result, Police should contact him in due course, make sure he regular checks his phones and letters received.
2. remind Mr Lam the rights he has under the Notice of Exercise of Additional Powers of Seizure under Section 50 or 51 of the Criminal Justice and Police Act 2001 ie.,1) applying for the return of seized property; 2) duty to secure property ; and 3) applying to attend examination of seized property. Should he wish to contact the Police, he may use the information listed on this notice.
3. Once Mr Lam receives the further information in relation to this criminal investigation he may engage the criminal defence lawyers ASAP to prepare his (or his family members) case.
以上文中觀點僅代表作者意見，不是黃金時代傳媒觀點
Keep calm and see London at sun set
長按，識別二維碼，加關注
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