1. What should I do if I am investigated by the Immigration Department?

If you are investigated by the Immigration Department for any offence, you have the right not to answer any questions and to seek legal advice. It is always a good idea to seek legal advice before answering any questions. It can be intimidating to be questioned by an immigration officer, but you have no reason to be afraid if you assert your rights, and you should certainly do so. If you are arrested, you can ask the Immigration Department to release you on bail. If they refuse, you will be taken before a magistrate and you can apply for bail there.

If you are charged with any offence in a Magistrate's Court, you can seek the help of the Duty Lawyer Service. If your case is transferred to the District Court or the Court of First Instance of the High Court, you can apply for legal aid. A lawyer will be assigned to you if you are eligible for legal aid. More information about the free or subsidised legal assistance that is available in Hong Kong is provided in the Legal Aid section.

Persons who are found guilty of immigration offences are often refused permission to re-enter Hong Kong.

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