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The laws surrounding arrests and searches in Kowloon, Hong Kong are largely informed by Hong Kong's Basic Law. HK Police Force and the Independent Commission Against Corruption (ICAC) are authorized to enforce these regulations and anyone detained is entitled to basic rights such as right to legal representation, right to remain silent and the right to be brought before a magistrate within 48 hours.
Given the complexity of the laws and the serious implications of an arrest or search, it's often advisable to engage legal assistance in this area. Situations where you might need a lawyer could include when you've been arrested or detained, your property has been searched, you're required to give a statement, or you've been charged with an offence. A lawyer can provide valuable advice on your rights and responsibilities, defend you in court, and help navigate the complexities of the legal system.
In Hong Kong, the police generally require your consent or a valid warrant to search your property, unless the circumstances fall within 'emergency situations' as defined by law. Stop and search of individuals by police usually require reasonable suspicion of illegal activity, except in designated areas. Warrants must be official and should detail the specific premises and objective of the search. Statements made without a lawyer present can sometimes be contested, depending on the circumstances.
Yes, police can stop, detain, and search you if they reasonably suspect you are carrying illegal items or you are involved in a serious or indictable offence. They may demand proof of ID and address.
Police can search your vehicle without your consent if they have reasonable suspicion that you may be involved in criminal activities. However, they must provide the reason for the search.
You have the right to remain silent, except for providing your name and address. You also have the right to contact a lawyer. Do not resist arrest, but clearly assert your rights.
No, you do not have to make a statement if you do not wish to. You have the right to remain silent and to seek legal advice before making a statement.
If you believe the arrest or search was unlawful, you should seek legal advice immediately. Unlawful arrests and searches can have serious implications for the prosecution's case against you.
The Hong Kong Bar Association, The Law Society of Hong Kong and non-profit organizations like "The Duty Lawyer Service" provide free preliminaries advice and low-cost legal services. The HKSAR Government's Department of Justice website offers guides on "How to liaise when involved with the legal process".
If you require legal assistance in relation to arrests and searches, firstly, ensure your immediate safety and compliance with the police. Then, seek out legal advice as soon as possible. Write down the details of your encounter with the police including officer badge numbers, time, location and any specific incidents or dialogue, as soon as possible after the event. Provide these details to your lawyer.
