3. What will normally happen after a person is arrested by the ICAC officers? What are his rights during detention and questioning by the ICAC officers?
A person arrested by the ICAC may be taken to a police station and dealt with under the Police Force Ordinance, or may be taken to an ICAC office. If an arrested person is taken to an ICAC office, he may be detained there if an officer of the rank of a Senior Commission Against Corruption Officer or higher considers it necessary for the purpose of further inquiries.
The rights of a person in ICAC custody can be found in the Independent Commission Against Corruption (Treatment of Detained Persons) Order (Cap. 204A) . According to the Order, a "Notice to Persons Detained" setting out the general rights of a detained person must be conspicuously displayed in every detention room. These rights include:
- Requesting that the detained person's relatives or a friend be informed of the detention;
- Communicating and consulting with a legal adviser (unless unreasonable delay or hindrance will likely be caused to the processes of investigation or the administration of justice);
- Asking to be released on bail;
- Being provided with drinking water upon request, adequate food and refreshment as well as medical care if necessary.
Detailed contents of the Notice to Persons Detained can be found here.
An arrested person may be released from custody on the deposit of a reasonable sum of money. The amount of such a sum is determined by a Senior Commission Against Corruption Officer or an officer of higher rank. A person may also be released on bail by providing such recognizance, with such sureties, as the senior officer deems necessary. Persons released on bail must further attend the offices of the ICAC as specified or appear before a M agistrate as required. Failure to attend will result in the forfeiture of the deposited sum or recognizance.
If bail is refused, the detained person must be brought before a Magistrate as soon as practicable and in any event within 48 hours after arrest.
Questioning and Interviewing by ICAC officers
The questioning of the detained person is usually done by the ICAC officers by way of a video-taped interview. Before questioning and interviewing the detained person, the ICAC officers must caution that person by saying, "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." The detained person has a right to remain silent, and may therefore choose whether or not to attend the video-taped interview or answer any questions posed by the ICAC officers . The detained person may also request to obtain legal advice before deciding whether or not to answer any questions. The detained person may also have his lawyer present during the questioning and taking of any statement. Upon conclusion of the interview , the ICAC officers must provide the interviewee with a copy of the taped interview or the written statement (as the case may be).