Paragraph 4
33.
A person can recover general damages for wrongful arrest which includes compensation for injured feelings. In addition, he can recover special damages for any loss which he has incurred provided it is not remote. He may also rely on aggravation of the general damages by reference to the circumstances of the imprisonment and on any facts in the conduct of the defendant at the time of or before or after the imprisonment which show malice.
34. 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.
Paragraph 5
35. In Hony Kong, there is separation of power between the legislature, executive and judiciary. The police and citizens have a right to arrest offenders against the law; and such offenders are brought before an independent judiciary which tries the guilt or innocence of the person so arrested.
36. If a person convicted by the trial court has his conviction quashed on appeal, he is not entitled to compensation for false imprisonment or unlawful arrest as such from the trial judge or judiciary. As in United Kingdom, every judge and magistrate in Hong Kong is entitled to protection from liability in damages for anything done while acting judicially. As long as he acts in good faith and in the honest belief that he was acting within his jurisdiction he is protected even though a mistake of law or fact led him outside his jurisdiction. Negligence even on the part of the judiciary does not give rise to a claim for damages against the judiciary.
37. However, compensation can be recovered against the person making the arrest for unlawful arrest or against the prosecuting authority for malicious prosecution.
38. In Hong Kong, citizens as well as the police have statutory power under the Criminal Procedure Ordinance to arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence. An arrestable offence means any offence for which the sentence is fixed by law or for which a person may be sentenced to imprisonment for a term exceeding 12 months and any attempt to commit any such offence. Similar power of arrest also exists in respect of certain offences under the Marine Stores Protection Ordinance and Part XI (Coinage Offences) of the Crimes Ordinance. Also at common law both citizen and policeman may arrest where they have reason to apprehend that a breach of the peace is about to be committed. Whether the arrest is lawful depends on whether the person arresting has reasonable ground to suspect that the person arrested is. guilty of an arrestable offence or is about to commit a breach of the peace.
39. In addition a police officer has power to arrest under a warrant The warrant is issued upon information laid and
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