Arrest
(HKLRC Report)
This report, published in November 1992, recommended that the police and other law enforcement agencies should adopt a number of procedural requirements and safeguards largely modelled on the provisions in the Police and Criminal Evidence Act 1984 (PACE) in the UK.
The report proposes a number of administrative and legislative safeguards against possible abuse of power. It recommends that law enforcement officers should explain the objects and grounds of any search and keep proper records. Warrants may only be issued by proper authority and on reasonable grounds. Entry and search without a warrant should be allowed only under certain prescribed conditions. Arrest without warrant may only be exercised upon reasonable grounds. The person arrested should be informed of his arrest and the grounds for it.
The report also recommends that there should be greater certainty as to the permitted length of detention, with regular reviews of the need for continuing detention. A person should be immediately released if the grounds for his detention cease to apply. An arrested person should have the right to inform a friend or relative or consult a lawyer without any unnecessary delay. Special safeguards should apply to children and young persons under detention. Detention facilities should be improved where appropriate.
The report also recommends that intimate samples should be taken from a detainee only with consent and normally with judicial authorisation. Non-intimate samples should be taken with written consent or without consent under certain conditions.
| Press Release (PDF) (MS Word) |
| Executive Summary (PDF) (MS Word) |
| Report (PDF) (MS Word) |