Legal Advice FAQ

Stages of Legal Advice

Clients usually approach us for legal advice at two critical stages of the criminal process:

At the Police Station (Upon Arrest & Detention)

• When arrested and detained for investigation, the suspect has the right to legal advice.
• A lawyer’s immediate role is to attend the police station, advise the client on the right to silence, explain the caution given by the police, and assess whether answering questions is in the client’s best interest.
• We monitor the conduct of police interviews, ensuring that confessions are not obtained through oppression or inducement.
• Bail applications at the police station may also be addressed.

Upon Release on Police Bail

• After release, the client is still under investigation and subject to recall by the police.
• Legal advice at this stage focuses on preparing for possible charges, preserving evidence, and considering whether to give further statements voluntarily.
• We also advise on the likelihood of charges, the time frame of police investigations, and potential bail conditions or variations.

Materials Required for Legal Advice

At the preliminary stage, limited information is available as the accused may not yet have been brought before a court. For meaningful advice, we normally require the following materials from the police or client:

• Charge Sheet / Indictment / Summons – sets out the specific offence alleged.
• Summary or Brief Facts – police account of events forming the basis of the case.
• Accused’s Own Statement – particularly any confession statement given under caution (the “caution statement”).
• Prosecution Witness Statements – including, where applicable, the complainant or victim’s statement.
• Forensic or Digital Evidence – where relevant (e.g., drug analysis reports, CCTV footage, electronic messages).
• Search / Seizure Records – to check legality of police procedures.

Our Role as Defence Lawyers

The purpose of legal advice is not merely to restate the law but to give a realistic assessment of the case. Our role includes:

Analysing the Facts & Law

• Examining the elements of the offence (actus reus and mens rea).
• Identifying potential defences (e.g., self-defence, duress, lack of intent, procedural irregularities).

Assessing Strengths & Weaknesses

• Evaluating the credibility of prosecution witnesses.
• Testing whether confessions are voluntary and admissible.
• Checking for procedural defects in arrest, search, or evidence collection.

Advising on Next Steps

• Whether to answer further police questions or remain silent.
• Whether to prepare defence witness statements or secure expert reports.
• Preparing for first court appearance, including bail applications.

Client Care & Protection of Rights

• Explaining all advice in plain Cantonese/English to ensure the client fully understands.
• Safeguarding constitutional rights under the Basic Law and Hong Kong Bill of Rights Ordinance (e.g., presumption of innocence, right to a fair trial, right to interpretation).
• Ensuring compliance with professional duties: confidentiality, independence, and acting in the client’s best interests.

✅ Takeaway:
Legal advice at the police station and post-bail stages is critical in shaping the defence strategy. The defence lawyer’s role goes beyond knowledge of the law – it is about protecting the client’s rights, preparing the ground for trial, and managing risks at every step of the process.