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Criminal Defense Consultation Hong Kong

In general, criminal cases all start with the adjudication in the Magistrates’ Court. More serious offences are sentenced in the District Court or High Court. Solicitors represent clients in the Inferior Court without the need to instruct a barrister. When dealing with High Court cases, we work with barristers as a team to defend our clients.

Criminal defense, pleading, bailing

criminal offence

Criminal liability consists of both criminal conduct and criminal intention. Criminal conduct includes the certain unlawful acts, or the omission of certain acts that require compliance. In the case of criminal intention, the prosecution needs to prove to the court that the defendant intended to commit the crime.

For most criminal offences, both the criminal misconduct and intentions are required before the defendant can be held criminally liable.

In the Hong Kong judicial system, all defendants are presumed innocent until proven guilty by the court. When a person is convicted, the court will impose a penalty on the offender.

And the criminal offences are as follows:

 

Crimes related to dishonesty

There are many facets to dishonesty-related offences, but they all arise from an act of dishonest intent. Our team of lawyers has extensive experience in defending such actions.

The following are some examples:

Detention Procedures and Basic Rights of Individuals:

Criminal litigation in Hong Kong

Police testimony (statement taking), Superintendent's Discretion Scheme and solicitor's bail

In general, the rights of “Notice to Persons in Custody” mentioned that the basic contents of the document to the detainee and give the detainee a copy of the document to him or her. The rights of a detained person include:

  • Be able to notify relatives or friends of their detention.
  • Request for a list of solicitors.
  • Request to apply for bail.
  • To be provided with water and sufficient food or refreshments free of charge on request and to receive medical assistance when necessary.

 

Arrested and Binding over

  • Arrest: Only four law enforcement department – the Police, ICAC, Excise Department and Immigration Department – are authorized by law to make arrests. All arrests must be preceded by an application to the Magistrate’s Court for a warrant of arrest or arrest warrant in accordance with the procedures prescribed by law in order to protect the personal liberty of the public.

  • Binding over: This is neither a conviction nor a punishment, but a preventive measure. The court will require the person concerned to enter into a self-signed recognisance for good behaviour and obedience to the law for a period of not more than three years. If a person breaches the bond, he or she will have to pay a certain amount.

Recognition

  • The suspect has the right not to cooperate or even take part in the identification procedure and can exercise the right of silence.
  • During the identification process, the witness can ask the person being identified to open his or her mouth and identify the person by voice. During the identification process, the witness may ask the person identified to open his or her mouth and identify him or her by voice. However, the law enforcement officer must first ask the witness if he or she can identify the suspect by appearance, and record his or her response.
  • The law enforcement officers are not allowed to give any advice. Lawyers representing the suspect are also available to ensure that the identification process is fair and impartial.
criminal matters

Criminal liability consists of both criminal conduct and criminal intention. An offence consists of the commission of some unlawful act, or the omission to perform some act which requires compliance.

the Offences against the Person Ordinance.

Assault is defined broadly in the law. Even if a person throws a punch without touching the other person's body at all, the offence of common assault can be committed. It is a defence for a person to defend himself or herself and for an assault to be committed with the consent of the other party.

Dangerous Drugs

Common dangerous drugs are stimulants, hypnotics, tranquilizers and sedatives. Opium, morphine, heroin, marijuana, cocaine and amphetamines are also included.

sexual offence

A man commits a sexual offence only if he has sexual intercourse with a woman without her consent, and only to the extent of vaginal penetration by a penis.

Driving and road traffic offences

Driving/Road Traffic Offences

It is important for all road users to obey traffic laws to ensure the safety of others. Anyone driving in Hong Kong must be familiar with the relevant traffic laws so as not to endanger himself, other motorists and pedestrians. There are some common offences such as dangerous driving, driving under the influence of alcohol or drugs and driving without third party liability insurance that road users should be aware of.

Careless Driving
Contrary to section 38 (1) of the Road Traffic Ordinance, Cap. 374. Careless driving is driving without due care and attention or without reasonable consideration for others using the road. It can cover a whole host of situations from the most minor momentary inadvertence to more deliberate acts.
Drink Driving
The prescribed limits of alcohol for a person who drives a motor vehicle are: below 35mcg in 100 ml of breath, below 66mcg in 100 ml of breath, more than 66mcg of 100 ml of breath or The blood or urine of the driver involved contains any amount of a specified drug (including common heroin, ketamine, marijuana, cocaine, etc.)
Driving in excess of the speed limit (Speeding)
Contrary to the the Road Traffic Ordinance, Cap.375, a person who is proven to have driven at a speed exceeding the speed limit by more than 45km an hour is mandatorily disqualified for a minimum of 6 months unless there are special reasons not to. And also, 10 points are Incurred; causes HKD1,000 penalty and disqualification from driving for six months.
Dangerous Driving

The court will apply objective criteria to determine what constitutes "dangerous driving", in effect, the court will consider each case on its own individual factual merits. The court will consider all relevant facts (whether or not they appear dangerous) and all explanations given by the driver to determine if there is dangerous driving.。

Criminal Defense | Criminal Litigation | Legal Aid | Court Advocacy

criminal cases

Services

Our team combines years of criminal experience to provide the most effective defense at every stage of the case, from the beginning of the criminal investigation through the court trial. 

Consultation we can provide:

Criminal Offences | Conservative Behaviour| Juvenile Offenders| Exempt from prosecution

Criminal Cases Frequently Asked Questions

Once the offender has been convicted, his conviction record cannot be expunged by the police or the court (unless he has successfully appealed). However, according to Section 2 of the Rehabilitation of Offenders Ordinance (Cap. 297), if the offender is a first-time offender (i.e. with no other previous convictions) and is sentenced to imprisonment for not more than 3 months or a fine not exceeding $10,000, the conviction will be regarded as “spent” as long as the offender does not commit any further offences within 3 years.

There are three most common types of penalties.

  • Imprisonment: Under the abolished death penalty system, imprisonment is currently the most severe penalty in Hong Kong. After being sentenced to imprisonment, the prisoner is required to be confined for a specified period of time, the maximum term of which is life imprisonment. Under Rule 69 of the Prison Rules (Cap. 234A), the term of imprisonment may be reduced for good behaviour up to a maximum of one-third of the actual sentence.
  • Suspended sentence: The court may sentence a prisoner to be suspended for one to three years before the sentence is carried out. If the offender commits another crime while on probation, the offender does not have to go to jail immediately.
  • Discharge (with or without conditions): In this case, the convicted offender can be released without any penalty or sentence. However, the courts have historically handed down such sentences relatively rarely. In this case, the court may release the offender on the basis of individual circumstances, such as personal background, age, health condition, etc., or on the basis of the less serious nature of the offence (see section 36 of the Magistrates Ordinance (Cap. 227)).

However, after discharge (with or without conditions), the offender will still have a criminal record.

Whether a juvenile offender is liable to the same sentence as an adult offender depends on the actual age of the juvenile offender concerned. According to Section 11 of the Juvenile Offenders Ordinance (Cap. 226), no child between the age of 10 and 13 shall be sentenced to imprisonment and therefore no criminal liability is incurred by a child under the age of 10. A juvenile between the age of 14 and 15 may not be sentenced to imprisonment if any other appropriate treatment or punishment is available.

Summary conviction are generally used for minor offences, whereas indictment proceedings are used for more serious offences.

Most criminal offences in Hong Kong are also dealt with in the Magistrates’ Courts, which in practice have a wide criminal jurisdiction to deal with a wide range of summary and indictable offences. All criminal prosecutions have to commence in the Magistrates’ Courts, and it is then up to the Secretary for Justice to determine the level of court at which the offences should be tried, having regard to the seriousness of the offences.

In general, a conviction for a first offense and some non-serious offenses, if suspended, convicted, or imprisoned, could have serious disadvantages for you, such as affecting your job, or future immigration. And sometimes, considering the crime, the offender, or the crime and the offender’s circumstances, prosecuting a person may not be the ultimate solution when the public interest is at stake.

If you are facing a criminal charge, we can give you legal advice and represent you, and if the circumstances permit, we will try to persuade the Department of Justice to apply to the court to sign a conservatory order and withdraw the charge. If the court allows the application, you will be acquitted of the criminal charge, which means that there will be no criminal record. As long as you do not commit other offences in the future, you will not have a criminal record.

If a person, when being prosecuted for an offence, agrees to give truthful evidence to the prosecution, he may be given immunity from prosecution if it is in the public interest to do so. This means that he will not be prosecuted.

If you refuse to appear for an identification procedure, this may have a negative impact on the suspect. It is important that the identification process is conducted in a fair and impartial manner. 

The Police Superintendent’s Discretion is applicable to juvenile offenders (those who have not yet reached the age of 18) who are issued a warning in lieu of criminal prosecution. The Superintendent’s Discretion is also known as the “Superintendent’s Warning”. There are certain prerequisites that need to be met in order for a juvenile offender to be dealt with under the PSDS.

Furthermore, before deciding whether to exercise a Superintendent’s Discretion, the Superintendent will consider the nature of the current offense, the seriousness and extent of the offense, the offender’s past record, and the attitudes of the complainant and the offender’s parents or guardians. 

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