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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Discharge (with or without conditions)

A discharge is the release of an offender without imposing any penalty after convicting him or her of an offence. This is an exceptional order and may be made if the Magistrate takes the view that it is inexpedient to inflict any punishment other than a nominal punishment on the offender (having regard to the character, antecedents, age, health or mental condition of the offender or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed) (see Section 36 of the Magistrates Ordinance (Chapter 227)).

An absolute discharge bears no conditions, although a criminal conviction is still recorded against the offender. Where a conditional discharge is given by a Magistrate, the offender is required to enter into a recognizance, with or without sureties, in a sum not greater than $2000, to be of good behaviour by not doing certain prohibited acts, and to appear for sentence when called on at any time during a fixed period up to three years. If the offender commits the prohibited acts during the prescribed period, that offender may be required to pay the recognizance amount or be punished by the court for the original offence.

A judge of the District Court or the Court of First Instance of the High Court also has the power to order conditional discharge of an offender after conviction under Section 107 of the Criminal Procedure Ordinance (Chapter 221) and the recognizance amount may even exceed $2,000.

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