Police and Crime
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Police and Crime
-- Please select --
I. Criminal liability and types of penalties
Will a child be guilty of an offence?
What types of penalties are there for committing a criminal offence?
Are the penalties for young offenders different from those for adults?
Under what circumstances could the criminal record be deleted?
II. Criminal Records and the Rehabilitation of Offenders Ordinance
Fixed Penalty Tickets
Police Superintendent’s Discretion Scheme
The Rehabilitation of Offenders Ordinance
Orders for Detention
Community Service Orders
Implications of Spent Convictions
Disclosure of Spent Convictions
Disclosure of Spent Convictions in Court Proceedings
Situations Where Spent Convictions Must be Disclosed
Penalties for Wrongful Disclosure of Spent Convictions
The RHO and Sexual Conviction Record Check Scheme
The Rehabilitation of Offenders Ordinance applies only to Hong Kong
III. Police powers
Under what circumstances can the police stop and question me in a public place? Must I answer their questions?
Under what circumstances can the police stop and search me in a public area?
Do the police have power to search and examine the digital content of a mobile phone found on the arrested person?
What are the consequences if I refuse to cooperate with the police when they are exercising their powers to stop, question or search me?
If I don't want to be searched in public by the police, what can I do?
Under what circumstances can the police enter and search my home or office? Must the police obtain a "search warrant" before taking such action? What would be the consequences if I refuse their entry? Can the police seize anything inside my flat?
Under what circumstances can the police arrest me? Must they obtain a warrant of arrest beforehand?
What are my rights if I am being arrested?
If the police merely ask me to go to a police station to assist with their investigation, am I obliged to go? Can they detain me inside the station?
If I have been arrested and detained at the police station, is there a maximum period of detention? Under what circumstances can the police detain me for a longer period?
If I am detained by the police in the police station and am asked to make a statement, what are my rights? Must I answer every question raised by the police during the interview?
If the police fail to comply with any of the rules governing the procedures relating to questioning, searching, arresting, detaining persons or the seizing of articles, what are the possible consequences?
If I am detained by the police in the police station, how can I find a lawyer? Can I obtain free legal services at this stage if I cannot afford a private lawyer?
If I am detained in the police station and I want to be released, what should I do?
If I have been ill-treated by the police, how can I lodge a complaint against the police?
IV. Powers of the Independent Commission Against Corruption (ICAC)
Under what circumstances can the ICAC officers enter a private premises and search for items inside? Must the ICAC officers obtain a warrant beforehand?
Under what circumstances can the ICAC officers arrest a person? Must they obtain a warrant of arrest beforehand?
What will normally happen after a person is arrested by the ICAC officers? What are his rights during detention and questioning by the ICAC officers?
I suspect that someone has committed an offence involving corruption or bribery. How can I report this to the ICAC?
If I was ill-treated by ICAC officers, how can I lodge a complaint against the ICAC?
V. Court procedure - criminal cases
Introduction to criminal courts in Hong Kong.
I have heard of "summary offences" and "indictable offences". What are the differences between the two and which court can try these offences?
I will attend a court hearing soon. What is the procedure during a criminal hearing?
What are the effects on the level of sentence if the accused pleaded guilty?
How does the jury give its verdict?
If I am convicted and I want to lodge an appeal, what should I do? Can I appeal against the conviction or sentence or both?
VI. Case illustration
Police and Crime
Criminal liability and types of penalties
Criminal records and the Rehabilitation of Offenders Ordinance
Powers of the Independent Commission Against Corruption (ICAC)
Court procedure - criminal cases
Updated on 20 June 2019
The CLIC Team
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