Legal Visits FAQ

An arrest by the police or ICAC and custody would give rise to the suspect's concern about his legal rights and restrictions under the law. A lawyer's attendance or presence is aim at advising the suspect properly about his legal rights and the powers of the police. The suspect's major rights include the right to remain silent and the right to bail.

• Police detention following arrest is governed by sections 51 and 52 of the Police Force Ordinance, Cap. 232.
• Police bail: You will be kept in custody whilst the case against you is being investigated. If the investigation into your case cannot be completed immediately, you may be released unconditionally or on bail to appear at a specified police station at the date/time stated in the recognizance. 
• If after the investigation there is sufficient evidence against you, you will be charged and either be released on bail to appear before a Magistrate or detained and brought before a Magistrate as soon as practicable.

The general principle on detention is that you will be released on bail  as soon as possible following your arrest unless the offence is of a serious nature or it is reasonably considered that you should be detained pending your appearance before a Magistrate. 

Any such detention must be justified on reasonable grounds having regard to the circumstances of your case. In this regard, you will normally be released on bail except:

(a) where the offence is of a serious nature;

(b) where you have been arrested on a warrant which does not allow bail;

(c) where you may abscond or where you may repeat the offence;

(d) where you may interfere with witnesses, impede the investigation or attempt to obstruct the course of justice;

(e) where you should be detained in your own interests to protect you from acts committed by yourself or others; or

(f) where you cannot produce a reasonable amount of bail money in circumstances where entering into recognizance with or without sureties is not appropriate.