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.




(303) RIGHTS OF THE CITIZEN UPON QUESTIONING

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Arrested persons and persons who, although not arrested, are suspected of having committed crimes can be questioned by the Police but such persons have the right to refuse to answer such questions that may incriminate themselves. They cannot be compelled to confess guilt. Serious misbehavior by the Police Force while questioning may result in civil proceedings for damages or injuries caused to the arrested person and the individual officer concerned may be liable for prosecution. A complaint may also be made to the Complaints Against Police Office and officially investigated. Certain conduct of the questioning, although not involving pressure or physical assault, may still be considered oppressive. To prevent improper forms of questioning and because admissions made in consequence of it may be unreliable, the courts insist that all confessions, whether written or oral, must be voluntary. That means that the confession has not been obtained from the suspect by fear of prejudice, or hope of advantage, exercised or held out by a person in authority; or by oppression. If at trial the suspect requests it, there must be an inquiry into the circumstance in which he made the admission.

The police have a duty to investigate all crimes. On carrying out such duty they can seek assistance from members of the community who may be able to help them. Citizens owe a civic duty to answer any questions which a police officer may put to them but the law provides that such a person is under no duty to answer such questions and if he wishes he can reply that he does not wish to answer any questions. There are some exceptions where it is an offence for citizen to refuse to answer specific questions; examples are given as follows: -

(1) if the person is suspected of having committed a traffic offence he must inform the Police Officer of his name, address and the number of his driving licence;
(2) If he is found loitering at a place, then he must give his personal particulars and a satisfactory explanation for his presence at the place to Police Officer; and
(3) he must provide his name and address to a Police Officer who requires it for the purpose of preventing or detecting any offence.

Date of amendment: 1st October 1992