12 November 2018

公民拘捕

「光復行動」提出公民拘捕。何謂公民拘捕?重點是何謂  arrestable offence。至於有警察在場,而按法例警察有酌情權不作出拘捕,在這情況下示威人士進行公民拘捕,是否合法呢?值得深思。

Wiki : Under the Criminal Procedure Ordinance (cap. 221 of the Laws of Hong Kong), section 101(2) provides that "Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence" using "force as is reasonable and proportionate in the circumstances". Once an arrest is made, the suspect must be delivered to a police office as soon as possible for court proceedings. "Arrestable offence" is defined as any crimes that can be sentenced for more than 12 months of jail time.

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