The right to remain silent is a fundamental component of the rights of the accused in custody in Hong Kong, which is codified in Article 35 of the Basic Law of Hong Kong, as well as in local case law.

 

When a person is in police custody in Hong Kong, they have the right not to answer questions asked by the police. This means they can choose not to make a statement or provide information that could potentially incriminate themself. This right is crucial to protect the accused against forced self-incrimination and to ensure a fair trial.

 

However, it should be noted that there may be implications to remaining silent. Under Hong Kong law, if a person chooses to remain silent during interrogation, this can in some cases be construed against them in a trial. For example, if the accused chooses not to provide an explanation for certain facts during police questioning, but then comes up with an explanation at trial, the court may wonder why this explanation was not provided earlier. This can potentially weaken the credibility of the accused in the eyes of the court. However, the basic principle remains that the fact that a person has chosen to exercise their right to remain silent must not have any subsequent detrimental implications

 

Additionally, it is imperative that the police inform a person in custody of their right to remain silent. If the police fail to do so, this could have implications for the admissibility of evidence obtained during the interrogation. In other words, if a person has not been informed of their right to remain silent, any statement they may make may be considered invalid and inadmissible in a court of law.

 

It is therefore essential that anyone taken into custody in Hong Kong fully understands their right to remain silent and the potential consequences of this choice. The accused is strongly advised to consult a lawyer before deciding to answer police questions. Access to legal advice is another fundamental right that is protected under Hong Kong law and helps ensure the fair administration of justice.

 

In sum, the right to remain silent in police custody is a fundamental right in Hong Kong, intended to protect individuals against forced self-incrimination and to ensure a fair trial. However, this right should be exercised with caution and a full understanding of the legal implications.

 

Romain Pierre Levaire has extensive experience in the context of police detentions, and frequently travels to all police stations throughout Hong Kong.