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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Criminal proceedings vs civil proceedings

The main difference between criminal and civil proceedings is that the former are instituted under the name of the HKSAR to suppress crimes and to punish criminals, while the latter are taken to protect and to recover properties or to enforce obligations.

Criminal Proceedings

The Secretary for Justice of the HKSAR Government has overall responsibility for conducting criminal prosecutions in Hong Kong. It is for the Secretary and those who prosecute on the Secretary's behalf to decide whether or not a prosecution should be instituted in any particular case. In determining whether or not to prosecute, the Secretary considers two issues: First, is the evidence sufficient to justify the institution of proceedings? Second, if it is, does the public interest require a prosecution to take place? In making that decision the Secretary for Justice is not subject to any instructions or directions from Government Executive bodies.

Some of the important principles in criminal cases include:

  • the presumption of innocence before conviction;
  • the burden of proof lies on the prosecution;
  • the standard of proof is one of beyond reasonable doubt;
  • the right to have legal representation;
  • the right to appeal against conviction and/or sentence.

Civil Proceedings

Civil proceedings can be instituted by: i) The Government against individuals (including private corporations) and vice versa; or ii) individuals against other individuals.

The principal branches of civil law include contract, tort, property, administrative, family and revenue law. The standard of proof is based on the balance of probabilities and is easier to discharge in a civil case than in a criminal case.

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