Normal court procedure in a criminal case

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

Normal court procedure in a criminal case

The following chart briefly sets out normal court procedure in a criminal case:

Note: Due to the complexity of criminal procedures and the risk of conviction, you are strongly recommended to appoint a lawyer to represent you.