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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Situations Where Spent Convictions Must be Disclosed

There are many situations in the RHO where convictions must be disclosed even though they are spent.

Under section 4 of the RHO, all previous convictions, including spent convictions, must be disclosed when an application is made for employment as a police officer, a correctional services officer, a fire services officer, a barrister, a solicitor or an accountant. All previous convictions, including spent convictions, must be disclosed in disciplinary proceedings against a person practising as a barrister, a solicitor or an accountant, and in disciplinary proceedings against persons holding the prescribed offices set out in the Schedule to the RHO, such as a police officer, a correctional services officer or certain high ranking government employees.

Similarly under section 4 of the RHO, all previous convictions must be disclosed by anyone applying to become a trustee or controller for a  Mandatory Provident Fund, a bank controller, a judicial officer or a probation officer; an employee of the Hong Kong Monetary Authority, Mandatory Provident Fund Schemes Authority, or Office of the Commissioner of Insurance and Securities and Futures; or Government officials who are paid on any Directorate or Directorate Pay Scale, or those above point 27 on the Master Pay Scale.

In all of the above cases, the overwhelming public interest in ensuring that only suitable people are appointed to those positions justifies full disclosure of any criminal convictions. The requirement to disclose does not automatically mean the application for employment will be rejected. Full disclosure is required so that the applicant’s suitability for the position applied for can be properly assessed.

Failure to disclose will justify termination of employment and possibly amount to the criminal offence of obtaining pecuniary advantage by deception, contrary to section 18 of the Theft Ordinance (Cap. 210). Failure to disclose convictions which should be disclosed could lead to obtaining employment or a position which would not otherwise have been obtained. The pecuniary advantage gained by the failure to disclose is the opportunity to earn remuneration in that employment or position.

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