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 and whether he has seen such offence committed or not and also any person whom he may reasonably suspect him being liable to deportation from the Colony.
Where the arrested person may not be charged of an offence or where a police officer does not reasonably suspect him being liable to deportation, the arrest is unlawful. The officer is liable in damages for unlawful arrest. The Government is also vicariously liable.
Furthermore, a police officer may stop and search and if necessary arrest and detain for further enquiries any person whom he shall find in any public place or conveyance who acts suspiciously or whom he may suspect of having committed or of being about to commit or of intending to commit any offence.
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.
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 Armamant Practice Ordinance, Defence Works Protection Ordinance; Defence (Firing Areas) Ordinance. Offences Against the Person Ordinance and Criminal Procedure Ordinance.
139. Are individual circumstances taken into account when granting bail? (SR 162 Paragraph 7)
See Sir Michael Hogan's answer at SR 164 Paragraph 40. Additionally in Hong Kong bail may be granted in the form of cash or surety and it is common practice for bail money to be paid in cash prior to
release.
Article 10
140. More information required on how Article 10, paragraphs 2(a) and (b) are implemented in the Territories (SR 162 Paragraph 57).
The position is as set out in paragraphs 49 to 56 of the initial Hong Kong report.
141. What guarantees are there in respect of detention in psychiatric hospitals? (SR 162 Paragraph 83).