The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(302) RIGHTS OF THE CITIZEN UPON SEARCH AND ARREST

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If the police have reason to believe that a person is acting suspiciously or has in his possession matters which may be connected with any offence, they can stop and search that person. The person cannot refuse to be searched. But he may request that the search be conducted in more reasonable, convenient or less embarrassing circumstances or even in a police station. The police may or may not accede to this request. After the search, the person may be asked to sign on the police officer's notebook regarding the search. A woman can only be searched by a female police officer.

When a person is arrested he has the right to be told immediately what offence he is suspected of having committed. Within reasonable limits he is entitled to explain to the arresting officer that the latter has made a mistake in arresting him. However, he must not do so to such an extent as to cause a considerable delay or an obstruction. This depends on the circumstances of each case.

If a person thinks that he is unjustifiably arrested, he can use reasonable means to resist the arrest. But generally speaking, he is well advised not to do so. There may be facts which he was not aware of or matters which he does not understand and to resist a lawful arrest without a good reason amounts to another offence.

If the arrest is unlawful then generally speaking, rather than resisting it, it would be more sensible to cooperate and later take action against the arresting officer or government seeking damages for the unlawful arrest.

The arrested person has the right to communicate with and consult privately a solicitor provided that no unreasonable delay or hindrance is caused to the processes of investigation or the administration of justice by his doing so.

An arrested person is entitled to apply for bail. If the case is not a serious one, the arrested person will be put on bail to appear before a Magistrate. If bail is not granted by the Police, generally, the Police must ensure that he is brought before a Magistrate as soon as practicable, and in any case not later than 48 hours from the time of apprehension. However, If the period of detention is unduly extended, the arrested person, through his family or friends, can make an application to the High Court which will then urgently enquire as to whether the arrested person¡¦s continued detention without being brought before a Magistrate is justified.

Date of amendment: 26^th April 2011