TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 160

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

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Article 5 Liberty and security of person

26.

This article guarantees everyone the freedom from

arrest except under certain strict conditions. Only the

law can specify the grounds on which a person may be

arrested. Any person who is arrested must be told why, and

if the person is charged with a crime that person must be

given details of the

the charge. Any person charged with a

crime must be taken

promptly to a judge ΟΙ person of

similar authority. The arrested person is guaranteed the

right to a trial within a reasonable time to see if a crime

has been

released.

committed.

Otherwise, the person must be

27.

Anyone who is

arrested or imprisoned may go to

court to see if the law allows his arrest. If it does not,

the court must have the power to let the person go free.

Further, a person is entitled to compensation for being

wrongfully arrested or imprisoned.

Article 6 Rights of persons deprived of their liberty

28.

Any person

treated humanely:

detained against his will must be

The prison system must aim to reform

CONFIDENTIAL

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