Housing Department launches investigation into abusive public housing tenants (2)

Housing Department launches investigation into abusive public housing tenants (2)

Housing Department launches investigation into abusive public housing tenants (2)

Housing Department launches investigation into abusive public housing tenants (2)

Published 6 months ago

Many people start to worry when they hear that a cautioned statement is being taken: "If I don't give a statement, will I get into trouble?" First of all, this type of statement is voluntary, and the Housing Department has no right to arrest you if you don't give it. So, will nothing happen if you don’t fall? That's not it either. The HD will invite you to give a warning statement. It is very likely that you have made "non-trivial false statements" to the HD when submitting a certain form, such as filling in the wrong salary or filling in the wrong net worth. , or the statement as to whether the property is held is incorrect. If you don't explain, the Housing Department won't be able to get your side of the story. Since it already suspects you, the chances of prosecuting you are quite high. Coupled with the fact that you do not have the opportunity to make a statement, the chances of the Housing Department charging you with the more serious Section 26 of the Housing Ordinance of "knowingly making a false statement to the Housing Department" may also increase.

So, will it be fine if I just go to Luo? That depends on what you say when you give your confession. First, remaining silent is basically the same as not giving a confession. Unlike when you are usually arrested, we advise you to remain silent. The focus of giving a confession this time is not to "avoid saying the wrong thing and increasing the suspicion of guilt", but to "relieve the doubts of the investigating agency." Because the most powerful evidence - the form you have filled out - is already in the hands of the Housing Department. If you don't explain it clearly, the suspicion will only increase.

If it is decided to give a confession, it usually means nothing more than explaining that the mistake was an honest mistake or "miscounting", and trying to avoid prosecution or being charged with a lesser charge, Article 27 of "Refuse or neglect to provide correct information". rather than Article 26 above. As mentioned in the previous post, the accused in Article 27 generally does not have a record, but the defendant in Article 26 can have a record, so this may be the only opportunity to make a confession, which is particularly important. A failed confession will become evidence in court, which may limit the defense grounds you can use in court later. Therefore, if you ask most lawyers, they will probably conservatively advise the client not to give a confession, or to remain silent when doing so.

If you fall and die, if you don't fall and die again, is it doomed? Indeed, when it comes to receiving such letters, there is no one-size-fits-all solution. All I can say is that if you made an honest mistake when declaring wrong information, and your statement is reasonable and credible, and can withstand cross-examination during interrogation, you may wish to seriously discuss with your lawyer the feasibility of telling the truth in exchange for a house. The Department only charged under Section 27. Finally, let me share some experiences: There was a victim who refused to give a confession and wrote a letter to the Housing Department explaining that it was his unintentional mistake in reporting incorrect information. In the end, the HD was convinced of his statement and only cited Article 27 of "refuse or neglect to provide correct information" to charge him. In the end, he was only sentenced to a fine. On the contrary, another victim is being charged under Section 26. He explained that the information reported was wrong because the relevant forms were filled out for him by HD staff and misled him into signing. If you directly accuse the Housing Department staff of making mistakes, the other party will naturally not be polite. Directly accusing the more serious Article 26 is considered human nature, right? Whether this statement is valid or not depends on whether the judge believes it in the future trial.