Criminal procedure hong kong

  • What is criminal offence in Hong Kong?

    Common Assault
    It is an act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
    Common assault carries a maximum sentence of imprisonment for 1 year..

  • What is the punishment for assault in Hong Kong?

    Imprisonment : In Hong Kong , the death penalty has already been abolished.
    Imprisonment is therefore the heaviest penalty and involves incarceration of the convicted offender in a prison for a fixed period of time.
    The heaviest form of imprisonment is life imprisonment..

  • Imprisonment : In Hong Kong , the death penalty has already been abolished.
    Imprisonment is therefore the heaviest penalty and involves incarceration of the convicted offender in a prison for a fixed period of time.
    The heaviest form of imprisonment is life imprisonment.
  • The time limit for prosecution of a summary offence is generally within 6 months of the commission of the offence (unless otherwise specified in the legislation creating the offence).
    For an indictable offence, there is no formal time limit for the commencement of a prosecution.
Criminal trials in Hong Kong are conducted in open court where the public and the press can attend. They are either heard by a Magistrate or a District Court Judge alone without a jury, or by a High Court Judge sitting together with a jury.
Criminal trials in Hong Kong are conducted in open court where the public and the press can attend. They are either heard by a Magistrate or a District Court Judge alone without a jury, or by a High Court Judge sitting together with a jury.

Principle of presumption of innocence and its extended rights

Apart from case law

Prosecution

There is not a rule or law explicitly saying that the absolute right to institute a criminal prosecution is given to the Government. Thus

Apprehension

• The Basic Law, Article 28, states: The freedom of the person of Hong Kong residents shall be inviolable

Choosing the right court

In Hong Kong, illegal activities are classified into three categories: In Hong Kong

Summary proceeding

In Hong Kong, every criminal case begins at a magistrate's court, regardless of its severity and complexity. But, under the spirit of separation of powers


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