Why Are Police or ICAC Visits Important?
If you are arrested by the
Hong Kong Police or the
ICAC (Independent Commission Against Corruption), your first concern will naturally be your
legal rights and the limits of police powers. Having a
criminal defence lawyer attend the police station is essential to protect those rights.
A lawyer’s presence ensures that:
- You are properly advised on your
right to remain silent and your
right to bail.
- Police interviews and statements are conducted lawfully and fairly.
- You are not pressured into making a confession against your interests.
What Is the “Right to Remain Silent”?
The
right to silence means that you are not legally obliged to answer police questions after an arrest. Anything you say may be used against you in court. Exercising this right is crucial if you are unsure about the allegations or the potential consequences of your answers.
Key points about the right to remain silent:
- You may
choose not to answer questions during interviews.
- You should always seek
legal advice before speaking to investigators.
- A lawyer can advise whether silence or answering selectively is in your best interest.
Time Limit in Police Custody
A suspect cannot be detained indefinitely. Under Hong Kong law, there are strict rules on
how long police can hold you after an arrest.
- Detention must be
reasonable and proportionate.
- If investigations cannot be completed quickly, the police must either
charge you or
release you on bail.
Law and Police Practice on Detention
Police detention is governed by
sections 51 and 52 of the Police Force Ordinance (Cap. 232).
Police Bail in Hong Kong
If the investigation into your case cannot be completed immediately:
- You may be
released unconditionally, or
- You may be released
on bail and required to appear at a police station at a specified date and time (this is set out in the recognizance).
If the police gather enough evidence against you, you will either:
- Be
charged and released on bail to appear before a Magistrate, or
- Be
detained and brought before a Magistrate as soon as practicable.
When Can Police Bail Be Refused?
While the general principle is that a suspect should be released on bail as soon as possible, there are circumstances where police may lawfully refuse bail. Bail may be denied if:
- The offence is serious in nature.
- You were arrested on a warrant that does not permit bail.
- There is a risk of absconding or repeating the offence.
- You may interfere with witnesses or obstruct the course of justice.
- You may be at risk of harm (to yourself or from others).
- You cannot produce sufficient bail money or suitable sureties.
✅ Key Takeaway
If you are arrested in Hong Kong by the
police or ICAC, you should seek immediate
legal representation. A criminal defence lawyer ensures your rights are protected, explains your options clearly, and provides expert guidance on bail, detention, and next steps in the criminal process.