1. Basic Legal Knowledge

    1. The rule of law
    2. Sources of law in Hong Kong
    3. Criminal proceedings vs civil proceedings
    4. Solicitors vs Barristers
    5. Brief introduction on the Department of Justice
    6. Different courts in Hong Kong

  2. Procedures during criminal hearings

    1. Normal court procedure in a criminal case
    2. Summary conviction and conviction on indictment
    3. First hearing
    4. Plea of guilty
    5. Mitigation and sentence
    6. Effects on sentencing upon pleading guilty
    7. Plea of not guilty
    8. Trial
    9. Closing submissions and verdict
    10. Trial by jury
    11. Appeal

  3. Juvenile Court

    1. Jurisdiction of the Juvenile Court
    2. Protection to young offenders
    3. Procedure at the juvenile court
    4. Restrictions on punishment of young offenders
    5. Sentencing principles
    6. Sentencing

  4. Arresting procedure, my rights and obligations

    1. Introduction
    2. Stopping and questioning by the police in a public place
    3. The right to silence
    4. Stopping and searching by the police in a public place
    5. Consequences on refusing to cooperate with the police
    6. Arresting a person
    7. Rights after arrest
    8. Detention of arrested persons
    9. Taking statements
    10. Bail of arrested persons
    11. Separation of young persons in police stations and in courts
    12. Lodging complaints against the police

  5. Free or subsidized legal assistance

    1. Introduction to some of the legal assistance available in Hong Kong
    2. Legal Aid Scheme for criminal cases
    3. Duty Lawyer Scheme
    4. The Bar Free Legal Service Scheme
    5. Free Legal Advice Scheme
    6. Exclusions
    7. Tel-Law Scheme

  6. Protection for victims

    1. Rights of victims
    2. Child Witnesses
    3. Vulnerable witnesses
    4. Video recorded evidence
    5. Evidence by live television link
    6. Depositions

  7. Punishment and sentencing options

    1. Introduction
    2. Imprisonment
    3. Suspended sentence
    4. Community Service Order
    5. Probation Order
    6. Detention Centre Order
    7. Training Centre Order
    8. Rehabilitation Centre Order
    9. Reformatory School
    10. Remand Home
    11. Hospital Order
    12. Drug Addiction Treatment Centre Order
    13. Fine
    14. Compensation Order
    15. Restitution Order
    16. Forfeiture
    17. Disqualification from driving
    18. Binding over
    19. Discharge (with or without conditions)
    20. Orders against parents or guardians
    21. Superintendent caution
    22. Deletion of criminal record

  8. Criminal records and the Rehabilitation of Offenders Ordinance

    1. Criminal records
    2. Fixed penalty tickets
    3. Bind Overs
    4. Police Superintendent's Discretion Scheme
    5. The Rehabilitation of Offenders Ordinance
    6. The RHO and suspended sentences
    7. The RHO and Orders for Detention
    8. The RHO and Community Service Orders
    9. The RHO and Probation Order
    10. The RHO and Sexual Conviction Record Check Scheme
    11. Implications of Spent Convictions
    12. Disclosure of spent convictions in court proceedings
    13. Situations Where Spent Convictions Must be Disclosed
    14. Penalties for wrongful disclosure of spent convictions
    15. The Rehabilitation of Offenders Ordinance applies only to Hong Kong
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Bail of arrested persons

A person who is detained in custody by the police shall be brought before a Magistrate as soon as practicable and generally within 48 hours from the time of the arrest. If the police want to detain a person for a longer period, they must first bring him/her before a Magistrate and make the relevant application. The detained person may object to such an application and ask for bail

The police should grant bail to an accused person unless the alleged offence is serious or there is other good reason to detain the accused. Bail will usually be granted subject to a cash deposit or conditions of recognizance. The police will direct the accused to return to the police station or to appear in court on a specified date.

If bail is not granted by the police, then the police will have a duty to bring the accused to the Magistrates' Court as soon as practicable (normally in the following morning). The accused may apply to the Magistrate for bail at the first hearing. If bail is refused by the Magistrate, the accused may apply to a judge of the Court of First Instance of High Court for the grant of bail.

Bail should generally be granted by the court unless there is substantial ground for believing that the accused will fail to appear at the next scheduled hearing, or commit other offences whilst on bail, or interfere with witnesses or the investigation. For more details on this matter, please refer to Section 9D and Section 9G of the Criminal Procedure Ordinance (Chapter 221) .

Young persons

According to section 4 of the Juvenile Offenders Ordinance (Cap 226), a person under the age of 16 who is arrested shall be brought forthwith before a juvenile court. If this cannot be done, an inspector of police, or other police officer of equal or superior rank, or the officer in charge of the police station to which such person is brought, shall inquire into the case and grant bail to the arrested person unless:

  1. the charge is one of homicide or other grave crime; or
  2. it is necessary in the interest of such person to remove him from association with any undesirable person; or
  3. the officer has reason to believe that the release of such person would defeat the ends of justice.

When bail is granted, the juvenile, the parents or guardian, or other responsible person shall enter into recognizance, with or without securities, in an amount which in the opinion of the officer will secure the attendance of the juvenile to court.

If the juvenile is not granted police bail, section 5 of the Juvenile Offenders Ordinance (Cap 226) provides that the juvenile will be detained in a place of detention until he or she can be brought before a juvenile court. This is unless the officer certifies that:

  1. it is impracticable to do so; or
  2. he is of so unruly or depraved a character that he cannot be safely so detained; or
  3. by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him or her.

A “place of detention” includes all police stations in Hong Kong and also the Tuen Mun Children and Juvenile Home.

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