Right to keep secret and right to silence

【Acrylic Painting by Dennis Tang】
(Paintings and Photos may not be relevant to the incident described)

“Legal professional privilege” (LPP) is a right to keep secret that protects all communications between a lawyer and his clients from being disclosed without the permission of the client. The privilege is in fact that of the client and not that of the lawyer. The purpose of LPP is to protect individuals and allow complete disclosure to their lawyer without the fear that any disclosure of those material may prejudice themselves in the future. Article 35 of the Basic Law provides that “Hong Kong residents shall have the right to confidential legal advice …”. (Citic Pacific Limited v Secretary for Justice and Commissioner of Police (2015))

“Privilege against self-incrimination” (PSI), also known as “the right to silence”, is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. PSI may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. (HKSAR v ATA ASAF (2016))

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