3. What are the consequences if I resist arrest?
It is an offence under section 36 of Offences against the Person Ordinance (Cap. 212) for a person to assault, resist or deliberately obstruct the police in the execution of their lawful duties. This offence may be tried summarily or upon indictment. The maximum penalty for this offence is imprisonment of up to 2 years.
Alternatively, if you assault or resist any police officer acting in the execution of his duty, you may be charged with the lesser offence under section 63 of the Police Force Ordinance (Cap. 232). This offence is triable only summarily and carries a maximum penalty of a fine at HK$5,000 and 6 months’ imprisonment.
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