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Criminal records and the Rehabilitation of Offenders Ordinance

Basic Legal Knowledge

The rule of law
Sources of law in Hong Kong
Criminal proceedings vs civil proceedings
Solicitors vs Barristers
Brief introduction on the Department of Justice
Different courts in Hong Kong

Procedures during criminal hearings

Normal court procedure in a criminal case
Summary conviction and conviction upon indictment
First hearing
Plea of guilty
Mitigation and sentence
Effects on sentencing upon pleading guilty
Plea of not guilty
Trial
Closing submissions and verdict
Trial by jury
Appeal

Juvenile Court

Jurisdiction of the Juvenile Court
Protection to young offenders
Procedure at the juvenile court
Restrictions on punishment of young offenders
Sentencing principles
Sentencing

Arresting procedure, my rights and obligations

Introduction
Stopping and questioning by the police in a public place
The right to silence
Stopping and searching by the police in a public place
Consequences on refusing to cooperate with the police
Arresting a person
Rights after arrest
Detention of arrested persons
Taking statements
Bail of arrested persons
Separation of young persons in police stations and in courts
Lodging complaints against the police

Free or subsidized legal assistance

Introduction to some of the legal assistance available in Hong Kong
Legal Aid Scheme for criminal cases
Duty Lawyer Scheme
The Bar Free Legal Service Scheme
Free Legal Advice Scheme
Free Legal Advice Scheme – Exclusions
Tel-Law Scheme

Protection for victims

Rights of victims
Child Witnesses
Vulnerable witnesses
Video recorded evidence
Evidence by live television link
Depositions

Punishment and sentencing options

Introduction
Imprisonment
Suspended sentence
Community Service Order
Probation Order
Detention Centre Order
Training Centre Order
Rehabilitation Centre Order
Reformatory School
Remand Home
Hospital Order
Drug Addiction Treatment Centre Order
Fine
Compensation Order
Restitution Order
Forfeiture
Disqualification from driving
Binding over
Discharge (with or without conditions)
Orders against parents or guardians
Superintendent caution
Deletion of criminal record

Criminal records and the Rehabilitation of Offenders Ordinance

Criminal Records
Fixed Penalty Tickets
Bind Overs
Police Superintendent's Discretion Scheme
The Rehabilitation of Offenders Ordinance
The RHO and suspended sentences
The RHO and orders for detention
The RHO and Community Service Orders
The RHO and Probation order
The RHO and Sexual Conviction Record Check Scheme
Implications of Spent Convictions
Disclosure of Spent Convictions in Court Proceedings
Situations Where Spent Convictions Must be Disclosed
Penalties for Wrongful Disclosure of Spent Convictions
The Rehabilitation of Offenders Ordinance applies only to Hong Kong

The RHO and Community Service Orders

A Community Service Order requiring the performance of a specified number of hours of unpaid work as recompense for committing a criminal offence made under the Community Service Orders Ordinance (Cap. 378) is not a prison sentence. A community service order can become spent three years after the conviction. Once spent, the order need not be revealed except in situations covered by section 4 of the RHO concerning applications for positions specified in that section.

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