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Hong Kong Bill of Rights Ordinance, Article 11(1) recognises the principle of presumption of innocence: Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Hong Kong Bill of Rights Ordinance, Article 11(2)(g) ensures the right against self-incrimination and the right to ...
During a criminal proceeding, many steps and rules are involved. Each of the steps must be finished and followed in the correct order and the right time. First things first, in order for the Secretary for Justice to institute a criminal proceeding, the Secretary must first lawfully collect evidence and arrest the accused person. Then, the ...
Citizen's arrest in Hong Kong is legalised with section 101 of the Criminal Procedure Ordiance (Cap. 221 of the Laws of Hong Kong providing the circumstances where a citizen has the power to make arrest, and section 101A allowing the use of reasonable force made during citizen arrest.
These national laws apply in Hong Kong by the Hong Kong legislature legislating on the same matter: for example, the Law of the People's Republic of China on the National Flag, a Chinese statute, takes effect in Hong Kong in form of the National Flag and National Emblem Ordinance, a local statute enacted by the local legislature.
Citizen's arrest is known as the "101 power". Under the Criminal Procedure Ordinance (cap. 221 of the Laws of Hong Kong), section 101(2) provides that "Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence" using "force as is reasonable and proportionate in the circumstances". [29]
The 2019 protests were sparked by a proposed extradition law that would have allowed Hong Kong criminal suspects to be sent to the mainland for trial. The government withdrew the bill, but the ...
The Crimes Ordinance , last amended in 1972, is a law of Hong Kong relating to certain consolidated penal enactments. Like Macau, penal and criminal law in Hong Kong is different from what is applied in China.
A Hong Kong court on Monday charged four men with criminal damage to property at showrooms and a service centre of Chinese automaker BYD Co Ltd after they were vandalised last week in the ...