substantiated on oath to the satisfaction of a magistrate or justice of the peace. The effect of the warrant is that the officer is thereby completely protected from an action for false imprisonment or unlawful arrest. Accordingly, where there is no urgency, it is usual to apply for a warrant for arrest notwithstanding the existence of a general power of arrest which could be used.
40. A police officer also has statutory power to arrest without warrant under the Police Force Ordinance any person who may be charged with or whom he may reasonably suspect of being guilty of any offence for that purpose whether he has seen such offence committed or not and also any person whom he may reasonably suspect of being liable to deportation from Hong Kony.
41. Where the arrested person is not liable to be charged with an offence or where a police officer does not reasonably suspect him of being liable to deportation, the arrest is unlawful. The officer is then liable in damages for unlawful arrest. The Government is also vicariously liable.
42. Furthermore, a police officer may stop and search and if necessary arrest and detain for further enquiries any person whom he finds in any public place or conveyance who acts suspiciously or whom he suspects of having committed or being about to commit or intending to commit any offence.
43. This power of arrest can only be exercised where a person has been stopped and searched in a public place. Even if those conditions are satisfied the arrest is unlawful if the arrested person does not, according to an objective test, act suspiciously or if the arresting officer subjectively does not suspect him of having committed or being about to commit or intending to commit any offence. The police officer is liable in damages for such unlawful arrest. The Government as his employer is also vicariously liable.
44. The police are also authorised to arrest without warrant under a number of statutes such as Quarantine and Prevention of Disease Ordinance, Marine Stores Protection Ordinance, Public Stores Ordinance, Societies Ordinance, Prevention of Cruelty to Animals Ordinance. Air Armament Practice Ordinance, Defence Works Protection Ordinance, Defence (Firing Areas) Ordinance, offences against the Person Ordinance and Criminal Procedure Ordinance.
Article 10
45.
Since the First Report, the Prisons Department has been renamed as the Correctional Services Department. The Commissioner of Prisons is likewise called the Commissioner of Correctional Services.
Paragraph 1
46. Prisoners may, subject to proper use number of letters from relatives or close
receive an unlimited friends.