INTERPOL NOTICES AND RED NOTICE DEFENCE
A global information network
The International Criminal Police Organization (INTERPOL) is the world's largest international police organization, with 196 member countries. China is a member country, and INTERPOL Beijing has sub-bureaus with delegated regional authority in Hong Kong and Macao.
INTERPOL Notices are standardized international requests for cooperation or alerts through which law enforcement authorities share crime-related information. INTERPOL does not investigate or arrest people as an independent police force; action remains the responsibility of national or local authorities.
THE TYPES OF INTERPOL NOTICES
A colour-coded system with distinct purposes
Each notice communicates a different request or warning. A notice's colour does not remove the need to apply domestic law.
Red Notice
A request to locate and provisionally arrest a person wanted for prosecution or to serve a sentence, pending extradition, surrender or similar lawful action.
Blue Notice
A request to collect additional information about a person's identity, location or activities in relation to a criminal investigation.
Green Notice
A warning and intelligence notice concerning a person's criminal activities where the person is considered a possible threat to public safety.
Yellow Notice
A notice used to help locate a missing person or identify a person who is unable to identify themselves.
Black Notice
A request to seek information about unidentified bodies.
Orange Notice
A warning of an event, person, object or process representing a serious and imminent threat to public safety.
Purple Notice
A request to seek or provide information on criminal methods, objects, devices and concealment techniques.
THE LEGAL REALITY IN HONG KONG
A Red Notice is not an international arrest warrant
INTERPOL cannot compel Hong Kong authorities to arrest a person. Any coercive action must have a lawful basis under Hong Kong law.
Possible border interception and questioning
A Red Notice may cause a person to be identified when travelling and may lead to enquiries by Hong Kong law-enforcement or immigration authorities.The precise action taken depends on the information available and the domestic powers applicable at the time.
No automatic surrender
A Red Notice does not itself authorize extradition, surrender or transfer from Hong Kong.Any surrender requires a separate lawful process under the Fugitive Offenders Ordinance (Cap. 503) and an applicable surrender arrangement.
Effect of suspended agreements
Where Hong Kong has no operative surrender arrangement with the requesting place, a Red Notice does not fill that legal gap.The United States, United Kingdom, Australia, Canada and Germany are among the places whose bilateral surrender agreements are currently recorded as suspended.
RED NOTICE DEFENCE
Challenging the underlying data and responding in Hong Kong
A coordinated response may involve both INTERPOL's independent review process and advice on any domestic investigation or surrender request.
Confirm the information in circulation
Only some Red Notices are public. A person may submit a confidential request to the Commission for the Control of INTERPOL's Files (CCF) for access to data concerning them.
Request correction or deletion
An application may ask the CCF to correct or delete data that does not comply with INTERPOL's Constitution or Rules on the Processing of Data, including material affected by political, military, religious or racial considerations.
Address the underlying case
The notice normally rests on a national arrest warrant or court order. Any challenge in the requesting jurisdiction should be coordinated with local counsel and supported by reliable court records.
Prepare for Hong Kong action
Where questioning, arrest or a surrender request is possible, advice should address the lawful basis for detention, bail, the applicable Cap. 503 safeguards and the status of the relevant bilateral arrangement.
HOW MCS CAN ASSIST
Make representations to Interpol on your behalf
MCS can advise clients who believe they are subject to an INTERPOL Notice, prepare them for possible border questioning or domestic proceedings and assess the legal basis for any arrest or surrender request in Hong Kong. We can make legal representations and submissions to the Commission for the Control of INTERPOL's Files seeking access to, correction of or deletion of non-compliant data.