The stop and search powers of the police in Hong Kong are subject to several rules and conditions set out in the Police Ordinance, Cap 232. These powers enable the police to maintain order, prevent and investigate criminal activities.

 

First, regarding the power of arrest, the police have the right to arrest a person without a warrant if they have reasonable grounds to suspect that the person is about to commit an offence, has committed an offence or is involved in an offence. These reasons must be based on objective facts and specific circumstances, not on arbitrary suspicions or stereotypes. The police are also required to respect the rights of the arrested person, including the right to legal assistance and the right to be informed of the reason for their arrest.

 

In relation to search powers, a police officer has the right to search a person he has arrested if the officer has reason to believe that the person is carrying evidence of an offence, or objects which may assist in committing an offence. For example, if there is reason to believe that a person is carrying illegal weapons or prohibited substances, the police may conduct a search. However, this search must be carried out by a police officer of the same gender as the person being searched, and it must be carried out with respect for the dignity of the person.

 

It should be noted that these police powers are subject to restrictions and controls to prevent abuse. For example, the police must inform the person of the reason for their arrest or search, and they must also inform the person of their right to legal assistance. Additionally, the person has the right to challenge the legality of their arrest or search in court.

 

In addition, Hong Kong police are required to comply with human rights standards when exercising their stop and search powers. This includes compliance with the principle of non-discrimination, the right to privacy, the right to fair treatment and the right to freedom and security of the person.

 

This is a general description of the police's stop and search powers in Hong Kong. Specific details may vary depending on circumstances and legislative changes. It is therefore always recommended to consult a lawyer for specific advice on a particular case.

 

Additionally, if you are detained by the police, you have the right to request the presence of a lawyer by your side. However, it is up to you to contact the lawyer of your choice, the police will not do this for you, but will let you consult the Law Society directory and let you make use of the telephone.

 

Romain Pierre Levaire is a specialist in Hong Kong criminal law, and has all the necessary accreditations to plead at all levels of court, as well as visit all police stations and detention centers, on instruction by a solicitor. He frequently assists suspects at the police station, providing advice before and/or during cautioned statements.