Arresting procedure, my rights and obligations

Consequences on refusing to cooperate with the police

If the police officers are acting in accordance to law, one must in general cooperate with the police, as it is an offence for a person to assault, resist or deliberately obstruct the police in the execution of their lawful duties (see for example, Section 63 of the Police Force Ordinance (Chapter 232) and Section 36 of the Offences Against The Person Ordinance (Chapter 212)). The maximum penalty for such an offence is imprisonment of two years.

If the police officers do not have proper legal basis to stop, question or search you, then they are not acting in due execution of their duties, and one may refuse to cooperate.

Even if the police can lawfully ask you questions, you have a right to silence and so may refuse to answer any questions posed by the police (except that you may need to provide your name and address to the police).