2. Am I required to answer police enquiries?

2. Am I required to answer police enquiries?

A defendant may exercise his right of silence before court, or an officer of a law-enforcement agency. Its importance is underscored by the constitutional provisions that specifically acknowledge this right, namely article 11(2)(g) of the Bill of Rights Ordinance and article 14(3)(g) of the International Covenant on Civil and Political Rights, which state that individuals have the right to refuse to testify against themselves or to admit guilt. 

However, exceptions to the right of silence may apply. For example, Section 63 of the Road Traffic Ordinance (Cap 374) specifies that if a driver is suspected of committing a road traffic offence or being involved in a traffic accident, they are obligated to disclose their name, address, and driving license number to the police upon request.

During the process of questioning, police officers are required to adhere to the principles and regulations outlined in the “Rules and Directions for Questioning of Suspects and Taking of Statements”. While these Rules do not possess statutory force, any violation of them will be considered when determining the admissibility of a statement as evidence.