Arresting procedure, my rights and obligations

The right to silence

The police have the power to question anyone in accordance with the above rules. On the other hand, the common law as well as Article 11(2g) of Section 8 of the Hong Kong Bill of Rights Ordinance (Chapter 383) provide that a person has the right not to be compelled to testify against himself or to confess guilt, i.e. every person in Hong Kong has the right to silence. By virtue of that right, a person may in general refuse to answer any question posed by a police officer.

However, according to Section 63 of the Road Traffic Ordinance (Chapter 374), the driver of a vehicle who is suspected of committing a road traffic offence or being involved in a traffic accident must give his name, address and driving licence number to the police upon request.