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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Superintendent caution

When a juvenile under the age of 18 has committed an offence, the juvenile may be prosecuted at the juvenile court or alternatively, by a Police Superintendent’s Caution.

A Police Officer of the rank of Superintendent or above can exercise its discretion to issue a caution to the juvenile offender, instead of taking him /her to the Juvenile Court. The intention is a warning to both the juvenile and the juvenile’s family.

The juvenile offender who receives a Police Superintendent’s Caution must be put under police's supervision for a period of two years or until he/she reaches the age of 18, whichever is earlier.

The police have the absolute discretion in deciding whether the case is suitable to be dealt with by a Police Superintendent’s Caution. The following factors must be considered:

  1. whether the evidence available is sufficient to support a prosecution;
  2. whether the offender voluntarily and unequivocally admits the offence and the attitude of the offender;
  3. whether the offender and his/her parents or guardians agree to the cautioning and the support available from the offender’s parents;
  4. the nature, seriousness and prevalence of the offence;
  5. the offender's previous criminal record;
  6. attitude of the offender's parents or guardians; and
  7. the attitude of the complainant.

At the time the caution is administered, the offender must be under 18 years of age. The Police Superintendent’s Caution is not a criminal conviction, however the police will have a record that such a caution was made. Therefore if a juvenile who has previously received a Police Superintendent’s Caution commits a further offence and is prosecuted, the court may take this into account when deciding upon sentencing.

The parents or guardian of the juvenile must be present when the Police Superintendent’s Caution is administered, as the support available from the parents is an important factor for the police in deciding whether to deal with the case by way of caution.

The Community Support Service Scheme (“CSSS”) of the Social Welfare Department is a service aimed at helping juvenile’s who have been dealt with by a Police Superintendent’s Caution to re-integrate them into mainstream education or workforce and reduce the likelihood of reoffending. These include individual and family counselling, therapeutic groups, skill training/educational groups, adventure activities as well as recreational and community services. Under the CSSS, the police will also visit the juveniles to reinforce the caution and maintain police contact with them.

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