According to Section 52(1) of the Police Force Ordinance (Cap. 232), the Laws of Hong Kong, after arresting someone, the police must bring that person before a magistrate as soon as practicable. The arrested person can be detained for no more than 48 hours from the time of arrest.
Typically, police will grant police bail after completing all necessary arrest procedures. Police may refuse bail only if:
The arrested person might not comply with bail conditions (e.g., failing to report to the police station at specified times/locations or appear in court)
There's a serious risk of jumping bail (e.g., non-Hong Kong resident, very serious crime, or other factors suggesting possible evasion of legal responsibility)
In these special circumstances, police may deny bail, press charges immediately, and bring the arrested person before a magistrate for the court to decide on court bail.
How to respond if arrested:
1. Record arrest details and caution
Note the time of arrest and content of the police caution.
When possible, request to notify family or friends of your arrest
Request legal assistance
2. Clearly request legal consultation and demand to see a lawyer
Maintain silence until meeting with a lawyer
Avoid making statements or casual conversation with officers
3. Provide basic identification only
Only provide name, ID number, and address
Decline to answer other questions
Avoid making potentially self-incriminating statements
4. Be aware of police tactics ("Hit, Scare, Sweet-talk")
Hit: Use of illegal force
Scare: Threats or pressure to induce fear and confession
Sweet-talk: Persuasive statements like "confessing will make things better" or "we'll speak to the judge on your behalf"
When facing these situations, stay calm and insist on exercising your legal rights.
Summary: Stay calm, remember your rights, avoid making self-incriminating statements or actions, and seek legal assistance as soon as possible.
December 2024
Dr. Anthony Lai and Mr. Herbert Kwoon
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