Emergency Hotline: 6433 2433
Arrest
The power of arrest is vested in law enforcement officers when there is a reasonable belief that an offence has been committed. Arrest could be conducted at the suspected crime scene or later at the residence of the arrested person. Law enforcement officers also have the right to detain, search and question the suspected person. If your family members or friends have been arrested, please do not panic and do contact us immediately at (6433 2433). You are encouraged to provide us with the following information:
- Name of the arrested person
- Identify card number of the arrested person (if known)
- Date and time of the arrest
- Location of the arrest
- Reason for the arrest (if known)
- Location where the arrested person is detained (if known)
- Emergency contact (Name, Relationship with the arrested person, telephone number)
After obtaining your instructions, our staff would immediately arrange legal representatives (solicitor and/or barrister) to provide assistance at the location where the arrested person is detained. However, law enforcement officers might not be willing to disclose the detention location. In such case, we have to verify where the arrested person was sent first.
Procedures after arrest: Meeting with lawyers and Interview
All arrested persons have the right to obtain legal advice from their lawyers before taking a statement. This right is guaranteed by international treaties, Basic Law and other relevant ordinances.
Please note that it is very likely that our staff might not be able to get in touch with him or her immediately. There is possibility that lawyers might have to wait for several hours, or sometimes, more than 24 hours to meet the arrested person (especially when there is a large-scale arrest). Therefore, please be patient after receiving our confirmation that legal representatives have been arranged. We will inform you (or the emergency contact provided by the arrested person) about the most updated situation at the earliest convenience.
Clothing items worn by the arrested person might be collected as evidence by the law enforcement officers. Please prepare a set of clean clothes for changing. Pants without belt (for example, pants with elastic bands) and shoes without shoelaces (for example, slippers) are preferable since all the ropes (including belt and shoelaces) would be collected by the law enforcement officers upon detention.
Procedures after arrest: House search
If the arrest takes place at the arrested person’s residence, the law enforcement officers would normally conduct the house search immediately.
If the arrest takes place at the suspected crime scene, the law enforcement officers would conduct a house search after taking a statement. Please remind the family members of the arrested persons about the possible house search.
Law enforcement officers must show a valid warrant authorised by the Court for any house search. Please contact us immediately when you encounter a house search at your residence.
Procedures after you are arrested: Pressing charge(s), granting bail or unconditionally released
After arresting the suspect, the law enforcement agencies shall decide if they would formally prosecute the arrested person within 48 hours* (from the time of apprehension). If the law enforcement agencies decide not to prosecute the arrested person for the time being, they must release him or her on bail or release him or her unconditionally within the said 48 hours. Otherwise, the arrested person can apply to the High Court for writ of habeas corpus ordering the law enforcement agencies to release the arrested person.
Note: The detention period for crimes relating to illegal entry is 72 hours. Please consult our lawyers for details. 1.Charge
If the law enforcement agencies are of the view that there is sufficient evidence to prove that the arrested person has committed a crime, the arrested person will be formally charged and be brought to court before the 48-hour period expires. Our lawyers in charge will attend the court to provide assistance at any time. Information about court hearings can be found on THIS page.
2.Bail
If the law enforcement agencies are of the view that there is insufficient evidence to prove that the arrested person has committed any crime for the time being, the arrested person will usually be released on bail (usually in form of cash recognisance). This usually happens 40 hours after the arrest whereby the law enforcement agencies would allow the arrested person to contact his/her family to arrange bail. After the arrested person is released on bail, he/she must report to the law enforcement agencies regularly to renew the bail.
3.Unconditional release
The law enforcement agencies may release the arrested person unconditionally. The arrested person need not to provide any cash recognisance, nor is he/she required to report to the law enforcement agencies regularly. Nevertheless, the law enforcement agencies shall have the right to prosecute the arrested person in the future. Further, seized exhibits (including mobile phone) may be kept by the law enforcement agencies until the investigation is completed.
Arrest by appointment
Sometimes, the law enforcement agencies might not be able to send their officers for arrest when they are shorthanded. They will call and ask the person to go to a designated place for arrest on a specified date and time. When you receive such call, please jot down the followings, and contact us during office hours:
- the caller’s name and department
- the caller’s contact information
- the date, time and place of your appointed arrest required by the caller
Our staff will assist to verify the authenticity of the call, and depending on the situation, arrange lawyers to having a meeting with you in advance to discuss the case, accompany you to take a statement and participate the identification procedures, etc..
For enquiries, please contact us:
T: (852) 3611 2111
F: (852) 3956 8158
WhatsApp: (852) 6433 2433