Criminal interrogation and the right to remain silent - a study of the Hong Kong Customs service

摘要

Hong Kong has come to a turning point in the implementation of the right to silence after its sovereignty reverted to mainland China in 1997. While the United Kingdom began to draw adverse inferences from silence, China moved towards protection against involuntary confessions through legal reforms and the Bill of Rights was passed in Hong Kong in 1997. The Rules and Directions for administering the Caution and treatment of persons in custody in Hong Kong were issued in 1992 but do not have the force of law. Ambiguity in the wording of the Caution is a problem for both law enforcers and suspects. Analysis of the documents served on the suspect and a comparison with the statutory requirements for the Independent Commission Against Corruption, suggest a need for codification of the treatment of persons in custody. Thernresults of this study of 150 Customs officers suggests that there might be benefits in rewording the Caution. Furthermore, statistical tests show that professional training and recruitment of front-line officers with higher academic qualifications would safeguard the administration of justice.