韋智達律師行代表荃灣警署內被強姦及性侵犯投訴人X小姐發表聲明:
「當我在2019年10月向警方就一宗就被警員強姦及性侵犯作出刑事投訴時,我是在期望警方會公正、絕對保密並尊重我的私隱及尊嚴之下向警方報案。我循適當的渠道報案,並就事件向警方提供了詳細的說明,亦回答了鉅細無遺而相當具入侵性的問題。我容許了警方在我的終止懷孕手術後從胚胎取出DNA樣本,以助辨別至少一名施暴者。
我從未想將此投訴公諸於世。我亦未有將這投訴政治化。我於2019年11月11日公開作出聲明,只是為了回應那些使我極困擾的披露所謂案件詳情的網上流言,以及選擇性地透露所謂調查細節並作出對證據作出負面評論的『警方消息』。我相信任何客觀旁觀者都是認為這些舉動是有意公開抹黑我的行為。
在警察公共關係科透露案情細節及作出評論之前,本應就我的投訴進行調查的警方反而於2019年11月4日申請搜查令以檢取我的私人醫療紀錄及私家診所的閉路電視片段。這是在我不知情和沒有我的同意下發生,濫權並嚴重侵犯了我的私隱。所幸的是我的醫生及時通知,而法庭亦從我的代表律師得悉有關細節後撤銷該搜查令。
於2020年1月16 日,當我從媒體報導得知警務處處長公開指稱我的投訴是「假消息」及「正循誤導警員或給予假口供方向調查」時,我再一次感到極度難過。我相信任何客觀旁觀者都會認為警務處處長這些行徑是公開貶損我並影響成功檢控機會的舉動。
透過我的代表律師,我不斷向警方要求他們提供查詢調查的進展和細節。這是我在罪行受害者約章下受保障的權利,亦是因為警方的舉措使我相信我的投訴被貶低。我從未被告知調查的細節,這意味着我並不能反駁任何指我的投訴與證據不符的說法。
在2020年4月6日,律政司通知我的律師,指警方不會繼續進行調查並聲稱我的投訴與他們所得的證據不符。雖然我的律師作出有關要求,但他們未有提供該證據的細節,所以我未能說服律政司我的說法是真的,亦未有機會反駁指稱我的說法與其他證據不符的言論。
昨日(2020年5月12日),我由媒體報導得知警務處處長公開聲稱我將因「落假口供」而面臨拘捕。他再次選擇了公開作出這些聲稱,任何客觀旁觀者都會認為這些行徑是有意貶損我的行為。
七個月前,我鼓起勇氣,就在荃灣警署內被身份不明的警務人員強姦及性侵犯一事作出舉報。我希望並期盼我的投訴會在尊重我私隱和尊嚴的情況下被公正、絕對保密地調查。然而,這沒有發生。」
Allegation by Ms X of Rape and Sexual Assault inside Tsuen Wan Police Station.
We continue to represent Ms X and are authorised by her to issue the following statement on her behalf.
———————————————————-
“When in October 2019 I lodged my criminal complaint of rape and sexual assault by police officers, I did so in the expectation that it would be investigated with impartiality by the police, in strict confidence, and with respect for my privacy and dignity. I filed my report through the proper channels and gave a detailed account of the events to police, answering extensive and highly invasive questions. I permitted the taking of a DNA sample from my aborted foetus in order to assist in identifying at least one of my assailants.
I have sought no publicity about my complaint. Nor have I politicised my complaint. I issued a statement on 11 November 2019 only in response to deeply distressing alleged details of my case being leaked onto the internet and ‘police sources’ selectively releasing supposed details of the investigation along with adverse comment on the evidence. I believe this was done in a way which any objective observer would be driven to conclude was directed at publicly discrediting me.
These leaks and comment by the Police Public Relations Bureau followed a gross invasion of my privacy and abuse of police power when, on 4 November, the police who were supposed to be investigating my complaint, obtained a search warrant to seize my private medical records and CCTV footage from the clinic of my private doctor. They did so without my knowledge or consent. Thankfully I was told of that warrant by my doctor and the court set aside the search warrant after it was properly apprised of the facts by my lawyers.
I was further distressed to learn on 16 January 2020, that the Commissioner of Police had alluded, in public, to my criminal complaint as being ‘fake information’ and that ‘investigators are now investigating in the direction of misleading police officer’. I believe that was in a manner in which any objective observer would be driven to conclude was directed at publicly discrediting me and diminishing any prospects of a successful prosecution.
Through my lawyers I have repeatedly requested updates and details of the police investigation. This was pursuant to guarantees in the Hong Kong Police Victim’s Charter and because the conduct of the police led me to believe my complaint was being undermined. No details of the investigation have ever been provided. This has meant that I have not been in a position to refute any claims that my complaint was contrary to other evidence.
On 6 April 2020, the Department of Justice informed my lawyers that my police report would not be taken any further, claiming that my complaint is contrary to evidence they obtained. No particulars of that evidence have been provided despite requests by my lawyers so I have not been in a position to be able to convince the Department of Justice that my account is true; nor have I had any opportunity to refute the claim that my account is contrary to other evidence.
Yesterday (12 May 2020) I learnt from media reports that the Commissioner has publicly said that I am facing arrest for ‘making a false statement’. He again chose to do so publicly, in a manner which any objective observer would be driven to conclude was directed at discrediting me.
Seven months ago, I plucked up all my courage to file a complaint of rape and sexual assault by unknown police officers inside Tsuen Wan Police Station. I hoped and prayed that the complaint would be investigated impartially, in strict confidence and with respect for my privacy and dignity. None of that has happened.”
————————————————————-
The anonymity order granted by the court on 5 November 2019 remains in force. This prohibits any person from identifying Ms X. Anyone breaching this order risks being found in contempt of court.
有關X小姐就荃灣警署內被強姦及性侵犯的投訴
我們繼續代表X小姐,並得到她的授權代表她作出以下聲明:
————————————————————-
「當我在2019年10月向警方就一宗就被警員強姦及性侵犯作出刑事投訴時,我是在期望警方會公正、絕對保密並尊重我的私隱及尊嚴之下向警方報案。我循適當的渠道報案,並就事件向警方提供了詳細的說明,亦回答了鉅細無遺而相當具入侵性的問題。我容許了警方在我的終止懷孕手術後從胚胎取出DNA樣本,以助辨別至少一名施暴者。
我從未想將此投訴公諸於世。我亦未有將這投訴政治化。我於2019年11月11日公開作出聲明,只是為了回應那些使我極困擾的披露所謂案件詳情的網上流言,以及選擇性地透露所謂調查細節並作出對證據作出負面評論的『警方消息』。我相信任何客觀旁觀者都是認為這些舉動是有意公開抹黑我的行為。
在警察公共關係科透露案情細節及作出評論之前,本應就我的投訴進行調查的警方反而於2019年11月4日申請搜查令以檢取我的私人醫療紀錄及私家診所的閉路電視片段。這是在我不知情和沒有我的同意下發生,濫權並嚴重侵犯了我的私隱。所幸的是我的醫生及時通知,而法庭亦從我的代表律師得悉有關細節後撤銷該搜查令。
於2020年1月16 日,當我從媒體報導得知警務處處長公開指稱我的投訴是「假消息」及「正循誤導警員或給予假口供方向調查」時,我再一次感到極度難過。我相信任何客觀旁觀者都會認為警務處處長這些行徑是公開貶損我並影響成功檢控機會的舉動。
透過我的代表律師,我不斷向警方要求他們提供查詢調查的進展和細節。這是我在罪行受害者約章下受保障的權利,亦是因為警方的舉措使我相信我的投訴被貶低。我從未被告知調查的細節,這意味着我並不能反駁任何指我的投訴與證據不符的說法。
在2020年4月6日,律政司通知我的律師,指警方不會繼續進行調查並聲稱我的投訴與他們所得的證據不符。雖然我的律師作出有關要求,但他們未有提供該證據的細節,所以我未能說服律政司我的說法是真的,亦未有機會反駁指稱我的說法與其他證據不符的言論。
昨日(2020年5月12日),我由媒體報導得知警務處處長公開聲稱我將因「落假口供」而面臨拘捕。他再次選擇了公開作出這些聲稱,任何客觀旁觀者都會認為這些行徑是有意貶損我的行為。
七個月前,我鼓起勇氣,就在荃灣警署內被身份不明的警務人員強姦及性侵犯一事作出舉報。我希望並期盼我的投訴會在尊重我私隱和尊嚴的情況下被公正、絕對保密地調查。然而,這沒有發生。」
—————————————————————
法庭於2019年11月5日頒下的匿名令仍然有效,禁止任何人辦別X小姐的身份。任何違反這一命令的人都可能被視為藐視法庭。
#MeToo
informed consent statement 在 柳俊江 Lauyeah Facebook 的最讚貼文
Allegation by Ms X of Rape and Sexual Assault inside Tsuen Wan Police Station.
We continue to represent Ms X and are authorised by her to issue the following statement on her behalf.
———————————————————-
“When in October 2019 I lodged my criminal complaint of rape and sexual assault by police officers, I did so in the expectation that it would be investigated with impartiality by the police, in strict confidence, and with respect for my privacy and dignity. I filed my report through the proper channels and gave a detailed account of the events to police, answering extensive and highly invasive questions. I permitted the taking of a DNA sample from my aborted foetus in order to assist in identifying at least one of my assailants.
I have sought no publicity about my complaint. Nor have I politicised my complaint. I issued a statement on 11 November 2019 only in response to deeply distressing alleged details of my case being leaked onto the internet and ‘police sources’ selectively releasing supposed details of the investigation along with adverse comment on the evidence. I believe this was done in a way which any objective observer would be driven to conclude was directed at publicly discrediting me.
These leaks and comment by the Police Public Relations Bureau followed a gross invasion of my privacy and abuse of police power when, on 4 November, the police who were supposed to be investigating my complaint, obtained a search warrant to seize my private medical records and CCTV footage from the clinic of my private doctor. They did so without my knowledge or consent. Thankfully I was told of that warrant by my doctor and the court set aside the search warrant after it was properly apprised of the facts by my lawyers.
I was further distressed to learn on 16 January 2020, that the Commissioner of Police had alluded, in public, to my criminal complaint as being ‘fake information’ and that ‘investigators are now investigating in the direction of misleading police officer’. I believe that was in a manner in which any objective observer would be driven to conclude was directed at publicly discrediting me and diminishing any prospects of a successful prosecution.
Through my lawyers I have repeatedly requested updates and details of the police investigation. This was pursuant to guarantees in the Hong Kong Police Victim’s Charter and because the conduct of the police led me to believe my complaint was being undermined. No details of the investigation have ever been provided. This has meant that I have not been in a position to refute any claims that my complaint was contrary to other evidence.
On 6 April 2020, the Department of Justice informed my lawyers that my police report would not be taken any further, claiming that my complaint is contrary to evidence they obtained. No particulars of that evidence have been provided despite requests by my lawyers so I have not been in a position to be able to convince the Department of Justice that my account is true; nor have I had any opportunity to refute the claim that my account is contrary to other evidence.
Yesterday (12 May 2020) I learnt from media reports that the Commissioner has publicly said that I am facing arrest for ‘making a false statement’. He again chose to do so publicly, in a manner which any objective observer would be driven to conclude was directed at discrediting me.
Seven months ago, I plucked up all my courage to file a complaint of rape and sexual assault by unknown police officers inside Tsuen Wan Police Station. I hoped and prayed that the complaint would be investigated impartially, in strict confidence and with respect for my privacy and dignity. None of that has happened.”
————————————————————-
The anonymity order granted by the court on 5 November 2019 remains in force. This prohibits any person from identifying Ms X. Anyone breaching this order risks being found in contempt of court.
有關X小姐就荃灣警署內被強姦及性侵犯的投訴
我們繼續代表X小姐,並得到她的授權代表她作出以下聲明:
————————————————————-
「當我在2019年10月向警方就一宗就被警員強姦及性侵犯作出刑事投訴時,我是在期望警方會公正、絕對保密並尊重我的私隱及尊嚴之下向警方報案。我循適當的渠道報案,並就事件向警方提供了詳細的說明,亦回答了鉅細無遺而相當具入侵性的問題。我容許了警方在我的終止懷孕手術後從胚胎取出DNA樣本,以助辨別至少一名施暴者。
我從未想將此投訴公諸於世。我亦未有將這投訴政治化。我於2019年11月11日公開作出聲明,只是為了回應那些使我極困擾的披露所謂案件詳情的網上流言,以及選擇性地透露所謂調查細節並作出對證據作出負面評論的『警方消息』。我相信任何客觀旁觀者都是認為這些舉動是有意公開抹黑我的行為。
在警察公共關係科透露案情細節及作出評論之前,本應就我的投訴進行調查的警方反而於2019年11月4日申請搜查令以檢取我的私人醫療紀錄及私家診所的閉路電視片段。這是在我不知情和沒有我的同意下發生,濫權並嚴重侵犯了我的私隱。所幸的是我的醫生及時通知,而法庭亦從我的代表律師得悉有關細節後撤銷該搜查令。
於2020年1月16 日,當我從媒體報導得知警務處處長公開指稱我的投訴是「假消息」及「正循誤導警員或給予假口供方向調查」時,我再一次感到極度難過。我相信任何客觀旁觀者都會認為警務處處長這些行徑是公開貶損我並影響成功檢控機會的舉動。
透過我的代表律師,我不斷向警方要求他們提供查詢調查的進展和細節。這是我在罪行受害者約章下受保障的權利,亦是因為警方的舉措使我相信我的投訴被貶低。我從未被告知調查的細節,這意味着我並不能反駁任何指我的投訴與證據不符的說法。
在2020年4月6日,律政司通知我的律師,指警方不會繼續進行調查並聲稱我的投訴與他們所得的證據不符。雖然我的律師作出有關要求,但他們未有提供該證據的細節,所以我未能說服律政司我的說法是真的,亦未有機會反駁指稱我的說法與其他證據不符的言論。
昨日(2020年5月12日),我由媒體報導得知警務處處長公開聲稱我將因「落假口供」而面臨拘捕。他再次選擇了公開作出這些聲稱,任何客觀旁觀者都會認為這些行徑是有意貶損我的行為。
七個月前,我鼓起勇氣,就在荃灣警署內被身份不明的警務人員強姦及性侵犯一事作出舉報。我希望並期盼我的投訴會在尊重我私隱和尊嚴的情況下被公正、絕對保密地調查。然而,這沒有發生。」
—————————————————————
法庭於2019年11月5日頒下的匿名令仍然有效,禁止任何人辦別X小姐的身份。任何違反這一命令的人都可能被視為藐視法庭。
#MeToo
informed consent statement 在 Syrena- Singapore's First Mermaid Facebook 的最佳解答
THIS IS NOT OKAY.
I am absolutely livid right now. It's not OK to use intellectual property without permission. It's not OK to use people's life stories without permission. And it's DEFINITELY not OK to get people to play someone without their permission.
Here's the run-down:
A while back, a group who was part of the Creator Collective - Asia programme contacted me. They said that they wanted to use my story as Singapore's First Mermaid to create a video and "headline a pitch to Singapore Tourism Board. STB is looking for ideas for a campaign to get Singaporeans to buy into the latest tagline for their campaign, "Passion made Possible". They said that "this is a pitch video to STB, it will be very short and it won't be broadcast or made public... We get real clients like Lazada, Chan Brothers etc, and my group has Singapore Tourism Board as a client."
STB was unaware of these micro-happenings and is not at fault.
I sent them some underwater footage taken of me by myself and my contacts, as a sample for what filming underwater with me would look like.
Based on this knowledge that it was a pitch to STB and the impression the contact gave that it was an official pitch and prospective job, I agreed to meet up with them to find out more about the project.
It was only when I met them in person that the group clarified that this "pitch" was part of a campaign simulation competition held for all the Creator Collective groups, and was a student initiative.
I was unable to commit to the project and didn't hear back from the group again.
... Fast forward to today, when I realized with a shock that the group went ahead to produce their final presentation video using my story. Using my underwater videos, my IP. They had also taken some videos about me from YouTube - the video IP for these lay with other news companies who hadn't given permission either. Note that I'd not heard anything from the group in ages and had not in any way been informed that they were going ahead with my story. Neither had I given permission for my mermaiding videos to be used. None of the videos were credited to me, giving the impression that the group had filmed the underwater sequences themselves and that the impersonator (read on) was really me.
[/edit: we've realized that the group also snagged and ripped some videos of myself and the Singapore Mermaid School and our clients off YouTube. This means that 1) not only are there multiple infractions because all those people were featured in the group's presentation without knowledge or consent, but also that 2) Channel NewsAsia 's intellectual property has been similarly compromised, as one of the clips was created and published by them as a feature on us]
To top that all off - they roped in a random person to impersonate me in a faux-interview. She appears in the video subtitled and credited as me: "Cara/Syrena: Founder of the Singapore Mermaid School". Artistic liberties were also taken with my life story: e.g I have never lived by the ocean.
The real kicker? Using this video about my life story, my IP, and my abused, misrepresented image, this project was presented to STB (an organization I had hoped to work with in the future) and bagged the group 1st Prize in this year's Creator Collective competition and a $7000 grant cheque to fund their future projects.
Adding to all that, this has since been published on:
- YouTube (since taken down, but not before it garnered views)
- Instagram
- major news sites such as Straits Times
- Business Times + Business Times' Twitter
- and in print newspapers.
Here is the link to an album containing all of the evidence: https://drive.google.com/open?id=18auehI29f_bm5YCBU-YkrxC2A4Wh7h9q
We cropped out their IG usernames and blurred their eyes because I can't help being nice.
There might be other media outlets running the story of the win that I'm not aware of as well.
Call it a miscommunication all you want, but 1) to use someone's life story without permission 2) to use someone's IP without permission 3) to impersonate/allow impersonation without permission or a disclaimer is wrong in all books.
I'm not usually a confrontational person. I don't enjoy drama. But on the behest of the people in my life who have all supported me and journeyed with me through this hard-earned career, I have to speak out. To defend my name. My reputation. This brand I've built from the bottom up over years. My image, which I've honed to the standard of excellence that myself, my school, and my mermaids are known for locally and internationally.
I hope that the right people see this, and do the right things to correct this wrong. This shouldn't have happened.
UPDATE 1: I have posted a video to my page talking about recent updates.
UPDATE 2: Article posted by Rice Media, detailing both sides of the story. A highly detailed account - read it and decide for yourself what to think of all this. http://ricemedia.co/current-affairs-features-students-stole-work-impersonated-me-won-7000/
UPDATE 3: CC has finally connected me with STB. Her email, however, continues to victim blame. She also has attempted to change tack to claim that the phone call and request to silence my post was her own personal request. This is false. She made it extremely clear in 2 separate phonecall occasions to myself and my business partner that 1) STB had complained to CC that my post presents STB in a bad light and 2) It was STB who had told CC to tell me to take my post down.
UPDATE 4: I responded with an email addressing the victim blaming and the continued allegations CC/BNM continues to make.
I said that although I have considerable legal grounds, I want to give the groups a chance to voluntarily make reparations. I simply asked for 2 official public apologies: one by CC/BNM and one by Magnificent 7.
I also clearly stated that these 2 apologies would have to be vetted by me before circulation. (lest the 2 parties miss out or misrepresent certain events and clauses)
UPDATE 5 (MAJOR): STB replied this email, stating that they treat IP theft and impersonation very seriously. They also stated that they did NOT complain about my post to Joanne of CC/BNM, and never contacted her to tell me to take my post down.
UPDATE 6 (MAJOR) : I have received word from a reporter contacting me for my side of the story, that CC has gone ahead to issue an official statement cum press release focusing on winner disqualification.
Note that it's been radio silence from them to me.
UPDATE 7: I have posted my final statement on my page.
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