Your Rights During a Police Interview in HK

If the police have asked you to attend an interview — or if you have been arrested — you need to understand your rights before you say anything. What you say (or do not say) can have serious consequences for any subsequent prosecution.

The single most important piece of advice: do not attend a police interview without first obtaining legal advice.

The Police Caution

When police suspect you of committing a criminal offence, they are required to administer a caution before questioning you. The standard wording of the caution in Hong Kong is:

“You are not obliged to say anything unless you wish to do so, but whatever you say will be put into writing and may be given in evidence.”

This caution tells you two things: you have the right to remain silent, and anything you do say can be used against you in court. A statement taken after the caution is administered is called a cautioned statement. If you are questioned as a suspect without being cautioned, any statement you make may be ruled inadmissible at trial.

Cautioned Statement vs Witness Statement

It is essential to understand the difference:

A witness statement is taken from someone who is not a suspect. You are being asked to provide information to assist an investigation. Witnesses are generally expected to answer questions truthfully.
A cautioned statement is taken from someone who is suspected of having committed an offence. You have been cautioned, and you have the right to remain silent.

The distinction matters enormously. If police invite you to “assist with enquiries” or provide a “witness statement,” you should clarify — through your solicitor — whether you are in fact a suspect. It is not uncommon for a person’s status to shift from witness to suspect during an investigation.

Your Right to Silence

The right to silence is a fundamental right in Hong Kong, protected by both common law and the Hong Kong Bill of Rights Ordinance (Cap. 383). Article 11(2)(g) of the Bill of Rights provides that a person charged with a criminal offence shall not be compelled to testify against himself or to confess guilt. Article 28 of the Basic Law further protects Hong Kong residents from arbitrary detention and prohibits torture or unlawful deprivation of liberty.

What this means in practice

You are not obliged to answer any questions during a cautioned interview.
You may remain completely silent, or you may answer some questions and decline to answer others.
You cannot be punished or penalised simply for exercising your right to silence.

Can silence be used against you?

Hong Kong law does not have a statutory adverse inference regime equivalent to that found in England and Wales. In general, the prosecution cannot invite a court to draw negative conclusions from the fact that you exercised your right to silence during a police interview.

The Court of Final Appeal confirmed in HKSAR v Chan Chu Leung [2024] HKCFA 1 that pre-trial silence is protected. The prosecution may not use a defendant’s failure to disclose matters before trial as a basis for cross-examination or adverse comment. There is no general obligation on an accused to disclose the nature of their defence prior to trial, except for limited statutory requirements (such as alibi notices).

However, the right to silence is not absolute. Certain statutory provisions can require you to answer questions in specific regulatory contexts — for example, investigations by the Securities and Futures Commission under the Securities and Futures Ordinance (Cap. 571) or inquiries under the Companies Ordinance (Cap. 622). These powers can override the common law right to silence, though safeguards typically exist on how compelled answers may be used.

Your Right to Legal Representation

Article 35 of the Basic Law guarantees Hong Kong residents the right to confidential legal advice. In the context of a police interview, this means:

You have the right to consult a solicitor before the interview begins.
You have the right to have your solicitor present during the interview.
You have the right to communicate privately with your solicitor.
You have the right to be provided with drinking water and meals during detention.

If you have been arrested and cannot afford a solicitor, you may request access to the Duty Lawyer Scheme, which provides legal representation at police stations for detained persons.

Do not waive your right to legal representation. Even if the police say the interview is “just a formality” or “routine,” you should always have a solicitor present to advise you on which questions to answer and whether procedures are being followed correctly.

Video Recorded Interviews (VRI)

In Hong Kong, police interviews with suspects are now commonly conducted as video recorded interviews (VRIs) rather than traditional written statements. During a VRI:

The entire interview is recorded on video, including the caution being administered.
You will be informed at the beginning that the interview is being recorded.
Your solicitor should be present throughout.
At the end of the interview, you will normally be given the opportunity to review the recording or a written summary.

VRIs provide better procedural protection than written statements because they create a complete record, reducing disputes about what was said. However, they also capture your demeanour, tone, and body language — which is why legal preparation is essential.

What to Do If the Police Contact You

If you are invited to attend voluntarily

If police ask you to attend for an interview, you are generally not legally obliged to attend unless you are arrested or served with a summons. However, refusing may prompt the police to arrest you instead.

Before attending:

Contact a solicitor immediately. Do not agree to attend on the same day the police call. Ask for the nature of the enquiry, the case reference number, and the investigating officer’s identity.
Clarify your status. Your solicitor should ascertain whether you are a witness or suspect, and whether a cautioned or witness statement will be taken.
Prepare with your solicitor. Discuss the likely subject matter and your strategy before setting foot in the police station.

If you are arrested

If the police arrest you, they must inform you of the reason for your arrest and your rights. Following arrest:

The police may detain you for investigation for up to 48 hours from the time of arrest.
After 48 hours, they must either release you (with or without bail), charge you and bring you before a Magistrate, or apply to a court for an extension of detention.
Request a solicitor immediately. You have the right to have someone notified of your arrest and to consult a solicitor in private before any interview takes place.
Do not make any statement or sign any document until you have received legal advice.

Bail

Police bail

If you are released without being charged, the police may release you on police bail — requiring you to return on a specified date, subject to conditions such as:

Surrendering your travel documents
Reporting to the police station at regular intervals
Not contacting certain individuals

Police bail can be extended repeatedly. In AML and fraud investigations, it is common for suspects to remain on bail for many months while police gather evidence from banks and other institutions.

Court bail

If you are charged and brought before a Magistrates’ Court, the court will decide whether to grant bail or remand you in custody, considering factors including the seriousness of the offence, the risk of absconding, and the risk of interference with witnesses. Court bail conditions may include cash deposits, sureties, surrender of travel documents, residence requirements, and reporting conditions. If a Magistrate refuses bail, you may apply to a Judge of the Court of First Instance of the High Court.

Specific Considerations for AML and Fraud Cases

Police interviews in AML and fraud investigations have particular characteristics you should be aware of:

Complex factual background. AML investigations involve detailed analysis of bank records and transaction flows. The police may ask you to explain specific transactions from weeks or months ago. Without preparation, it is very difficult to respond accurately.
Multiple enforcement agencies. Investigations may involve the JFIU, Customs and Excise, the ICAC, or the Securities and Futures Commission in addition to the police. Some agencies (particularly the SFC) have statutory powers to compel answers.
Account holder interviews. If your bank account was frozen because it received proceeds of fraud, you may be invited for interview even if you are the victim of a mule account scam. Whether you are a suspect or witness must be clarified before any interview.
Lengthy bail periods. AML cases frequently involve police bail exceeding 12 months while police obtain bank records, conduct forensic accounting, and liaise with overseas authorities. Your travel documents may be withheld and bank accounts may remain frozen throughout.
Parallel civil proceedings. If you face both a criminal investigation and civil proceedings (for example, a freezing order over your account), what you say in the police interview could be used in the civil case. Your solicitor should advise on the interaction between the two.

Frequently Asked Questions

Can the police force me to answer questions?

No. Under the caution, you have the right to remain silent. Your silence during a cautioned interview generally cannot be used against you in court, though limited statutory exceptions exist for certain regulatory investigations.

Should I give a “no comment” interview?

It depends on your circumstances. Sometimes silence is the safest course; other times, providing a clear explanation could result in no charges being brought. This is a decision to make with your solicitor, not on your own.

What if I cannot afford a solicitor?

If you have been arrested, you can request the Duty Lawyer Scheme, which provides free legal representation at the police station. If you have not been arrested but are invited to attend voluntarily, you should still try to obtain legal advice beforehand.

What happens after the interview?

The police may release you without charge, release you on bail pending further investigation, or charge you. If charged, you will be brought before a Magistrates’ Court, usually within 48 hours. In either case, maintain regular contact with your solicitor.

I was told I am only a witness — do I still need a solicitor?

Yes. A person’s status can change from witness to suspect during an investigation. If you are asked to attend a police interview in connection with a fraud or AML matter, you should obtain legal advice regardless of how the police describe your role.