Police & Criminal Procedure
Choosing a subtopic
- Criminal liability and types of penalties
- Criminal records and the Rehabilitation of Offenders Ordinance
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Police powers
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A. Powers to stop, search and detain
- 1. Under what circumstances can the police stop and question me in a public place? Must I answer their questions?
- 2. Under what circumstances can the police stop and search me in a public area?
- 3. Do the police have power to search and examine the digital content of a mobile phone found on the arrested person?
- 4. What are the consequences if I refuse to cooperate with the police when they are exercising their powers to stop, question or search me?
- 5. If I don't want to be searched in public by the police, what can I do?
- B. Seizure and detention of property
- C. Powers of entry of premises, search and seizure
- D. Covert surveillance and inception of communication
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E. Powers of arrest
- 1. Under what circumstances can the police arrest me? Must they obtain a warrant of arrest beforehand?
- 2. What are my rights if I am being arrested?
- 3. What are the consequences if I resist arrest?
- 4. What should a person do if they believe they have been wrongfully arrested?
- 5. What are the procedures after being arrested?
- 6. After arresting a young person, will the law enforcement officers take the initiative to notify the parents or teachers?
- 7. I only know that my underage son, has been arrested but I don't know which police station he is in, what should I do?
- 8. Can I leave Hong Kong after being arrested?
- F. Powers under Organized and Serious Crimes Ordinance (Cap. 455)
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G. Questioning and treatment of witnesses and detained persons
- 1. If the police merely ask me to go to a police station to assist with their investigation, am I obliged to go? Can they detain me inside the station?
- 2. If I have been arrested and detained at the police station, is there a maximum period of detention? Under what circumstances can the police detain me for a longer period?
- 3. Is it a must to be detained for 48 hours after being arrested?
- 4. If I am detained by the police in the police station and am asked to make a statement, what are my rights? Must I answer every question raised by the police during the interview?
- 5. If the police fail to comply with any of the rules governing the procedures relating to questioning, searching, arresting, detaining persons or the seizing of articles, what are the possible consequences?
- 6. If I am detained by the police in the police station, how can I find a lawyer? Can I obtain free legal services at this stage if I cannot afford a private lawyer?
- 7. If I am detained in the police station and I want to be released, what should I do?
- 8. If I have been ill-treated by the police (such as illegally entering a private property and coercing a confession), how can I lodge a complaint against the police?
- 9. How are police interviews conducted?
- 10. The police took a statement from me as a witness. Later, I was arrested and charged. Can the prosecution rely on my statement?
- 11. I found that I made a mistake when I was making a statement, but I have already signed the document, what can I do?
- H. Identification parades
- I. Fingerprints, blood, body samples, and photographs
- J. Laying charges
- K. Bail, detention and release
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A. Powers to stop, search and detain
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Powers of Independent Commission Against Corruption (ICAC)
- 1. Under what circumstances can the ICAC officers enter a private premises and search for items inside? Must the ICAC officers obtain a warrant beforehand?
- 2. Under what circumstances can the ICAC officers arrest a person? Must they obtain a warrant of arrest beforehand?
- 3. What will normally happen after a person is arrested by the ICAC officers? What are his rights during detention and questioning by the ICAC officers?
- 4. I suspect that someone has committed an offence involving corruption or bribery. How can I report this to the ICAC?
- 5. If I was ill-treated by ICAC officers, how can I lodge a complaint against the ICAC?
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Court procedure - criminal cases
- A. Introduction to the criminal courts in Hong Kong
- B. Types of criminal offences
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C. I will attend a court hearing soon. What is the procedure during a criminal hearing?
- 1. If I am convicted and I want to lodge an appeal, what should I do? Can I appeal against the conviction or sentence or both?
- 2. How to prepare for an appeal?
- 3. If I am acquitted, can the prosecution appeal against the acquittal decision?
- 4. If I am convicted, can the prosecution appeal against sentence?
- a. If the court date specified on my bail sheet falls during a time when I am not in Hong Kong, can I request a change of date? If so, what is the process for making such a request?
- a. What are the effects on the level of sentence if the accused pleaded guilty?
- D. Prosecution
- E. Court bail
- F. Remand
- G. Jury
- H. Role and duties of the prosecution
- I. Sentencing
- J. Costs in criminal cases
- Imprisonment and prisons
- Case illustration
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