1. Overview: What Applies to You
If you are a Hong Kong or Macau resident being investigated for, or charged with, a criminal offense in mainland China, your case is governed by the mainland's Criminal Procedure Law (《刑事诉讼法》, as amended in 2018). The law applies equally to everyone within mainland territory — residence in Hong Kong or Macau does not change the legal standards, the grounds for detention or arrest, or the burden of proof. There is no separate or more lenient procedure for residents of the two SARs.
Because Hong Kong and Macau are part of the People's Republic of China, cases involving their residents are handled under the Criminal Procedure Law together with the judicial-assistance arrangements between the mainland and each SAR. The conditions for arrest, the examination of whether continued custody is necessary, and bail-pending-trial alternatives all follow the general rules that apply to any defendant in the mainland.
The law is equal, but the reality is harder. Most HK and Macau residents do not live on the mainland, their family may be a long way from the detention centre, and the language of the proceedings is unfamiliar. These practical gaps are exactly where an experienced, Cantonese-speaking lawyer based in Shenzhen — adjacent to both SARs — can make the difference between a fair process and a confused one.
2. Immediate Steps After Detention
When a family member is taken into custody in the mainland, the first hours are the most important. Three steps matter most.
Confirm Where They Are Held
Ask exactly which police station or detention centre is holding the person and obtain the case reference number. In Shenzhen, most suspects are held at the city's detention centres, which your lawyer can verify directly.
Check Family Notification
By law the family must be notified within 24 hours of detention, except where notification is impossible or the case involves national-security or terrorism offences and notification may impede the investigation. If you have not been contacted, ask your lawyer to verify the position and, where lawful, press for notification.
Retain a Mainland Lawyer at Once
Only lawyers licensed in the mainland may appear in a mainland criminal court. A Hong Kong or Macau lawyer can advise and coordinate across the border, but your defence team must include a mainland-licensed lawyer from day one. The earlier counsel intervenes, the more effectively your rights are protected.
3. Your Rights in the Process
Under the Criminal Procedure Law, the police must notify your family within 24 hours of detention, with narrow exceptions — where notification is impossible, or where a case involving crimes endangering national security or terrorist activities may be impeded by notice. Once the obstacle is removed, notification must be made promptly.
You may appoint a defence lawyer from the moment you are first questioned or subjected to compulsory measures. Your lawyer can meet you at the detention centre presenting only three documents — the practice certificate, the law-firm letter, and your power of attorney. For national-security or terrorism cases, the meeting requires prior permission from the investigating authority.
Tell the authorities you speak Cantonese or English and request an interpreter. Do not sign any statement you cannot fully read. The right to interpretation is protected under Article 9 of the Criminal Procedure Law.
After arrest, the procuratorate must examine whether continued detention is necessary. Your lawyer can apply for bail pending trial (取保候审) or residential surveillance (监视居住) — particularly where you have no record, no risk of flight, and a fixed, contactable address in Hong Kong or Macau.
📜 Article 9, Criminal Procedure Law of the PRC (excerpt)
"Citizens of all ethnic groups shall have the right to use their own spoken and written languages in the proceedings. The people's courts, people's procuratorates and public security organs shall provide translation for participants in the proceedings who are not familiar with the spoken or written language commonly used in the locality."
You also have the right not to be compelled to incriminate yourself: the law prohibits torture and the use of threats, enticement or deception to collect evidence. Because anything you say to the police may be used in evidence, decide what to say only under your lawyer's guidance.
4. The Lawyer's Role at Each Stage
Under the plea-leniency system (认罪认罚从宽制度), early and honest cooperation combined with skilled negotiation can produce a materially more favourable outcome. But whether to plead, and on what basis, is a strategic decision that should be made only with counsel who has read the file.
5. Why a Shenzhen-Based Lawyer with Cantonese Matters
Futian is adjacent to the border. Your lawyer can reach the detention centre or police station within the day, and family meetings can take place in person in Shenzhen without cross-country travel.
The firm communicates in Cantonese, English and Mandarin. Instructions, documents and court statements are explained in the language you understand best, removing the confusion that arises when a defendant cannot follow the proceedings.
Director Attorney Li Maoshu personally leads every matter. The lawyer who meets you at the detention centre is the same lawyer who argues before the court.
Based in Shenzhen, the firm regularly assists clients from Hong Kong, Macau, Taiwan, the United States, Canada, Australia and Singapore, and is experienced with cross-border evidence, dual enforcement and judicial-assistance procedures.
6. Cross-Border Securities Cases & Dual Enforcement
Where the alleged offense involves securities — for example, market manipulation, insider dealing, or false disclosure affecting investors on both sides of the border — the case may attract the attention of more than one regulator. The China Securities Regulatory Commission (CSRC), the Hong Kong Securities and Futures Commission (SFC), and in some circumstances the U.S. SEC can each examine the same conduct. In the mainland, the same conduct may also proceed as a criminal case under the Criminal Law, which is where cross-border dual-enforcement risk becomes acute.
Information and evidence obtained by one regulator may be shared with another through cooperation and judicial-assistance arrangements, and statements made in one proceeding can surface in another. Cross-border securities defence therefore requires counsel who understands both the criminal procedure and the regulatory landscape, and who can coordinate evidence, timing and strategy so that positions taken before one authority do not harm you before another.
7. FAQ: Common Questions from HK & Macau Families
Can a Hong Kong or Macau lawyer represent me in a mainland criminal case?
No. Only lawyers licensed in the mainland may appear in mainland criminal proceedings. A Hong Kong or Macau lawyer can advise you, coordinate with your mainland counsel and assist with cross-border matters, but your defence team must include a mainland-licensed lawyer from the outset.
How fast can a lawyer meet me after I am detained?
For ordinary cases, once the lawyer presents the three required documents, the detention centre must arrange a meeting without undue delay and in no case later than 48 hours. In practice a Shenzhen-based lawyer can usually arrange the first meeting the same day or the next day. National-security and terrorism cases require prior permission from the investigating authority.
Do I have the right to an interpreter and to communicate in Cantonese?
Yes. Under Article 9 of the Criminal Procedure Law, everyone has the right to use their own language in the proceedings, and the authorities must provide an interpreter for participants who do not understand the language used. Ask for a Cantonese or English interpreter, and never sign a statement you have not fully understood.
Will my family be notified within 24 hours?
Yes. The police must notify your family within 24 hours of detention, except where notification is impossible or where a case involving crimes endangering national security or terrorist activities may be impeded by notice. If your family has not been notified, your lawyer should verify the position and, where lawful, press for notification.
What documents should my family bring when contacting a lawyer?
Your family should bring your passport or Hong Kong / Macau identity card, proof of the family relationship (such as a marriage or birth certificate), any notice or case reference issued by the authorities, and reliable contact details. The law firm will then prepare the power of attorney (委托书) and its letter of introduction, which the lawyer needs in order to visit you in custody.