Hong Kong Bill of Rights Ordinance
Part II
2-8
Section 8
Cap. 383
Article 5
Liberty and security of person
(1) Everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one
shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.
(2) Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him.
(3) Anyone arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized
by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to release. It shall not be the
general rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees to appear
for trial, at any other stage of the judicial proceedings, and,
should occasion arise, for execution of the judgment.
(4) Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order
that that court may decide without delay on the lawfulness
of his detention and order his release if the detention is not
lawful.
(5) Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation.
[cf. ICCPR Art. 9]
Verified Copy
Last updated date
15.2.2017