Questions & Answers

An arrest usually means that the police regard you as a suspect, possibly based on an account of events with which you may disagree. You may feel a strong urge to give your version immediately, but we recommend obtaining legal advice before deciding whether to do so. After arrest, you are likely to be taken to a police station for further investigation. This may involve a cautioned interview, body search, fingerprints and photographs. The process can be daunting. Our solicitors are familiar with police procedure and can advise you on what to expect during the investigation.

To exercise your right to remain silent, you can say, “I have nothing to say.” The police may continue to ask questions, and you may respond by repeating that statement. Some people find the situation confrontational and feel more comfortable when accompanied by a solicitor.

The police or ICAC may enter your home or office if you consent, if they have a search warrant, or in exceptional circumstances. Before consenting, you may seek legal advice. In any of these situations, a solicitor can help ensure that officers act within the scope of their authority or warrant. Some documents or materials may be protected by legal professional privilege, and steps may be needed to preserve that protection.

If the ICAC invites you to its headquarters, you may be asked to assist as a potential witness or you may be the subject of the investigation. A person who initially attends as a witness can later become a suspect. In either capacity, you are entitled to legal representation.

Depending on the nature of the complaint, you may make a report to the Police. Reporting can be time-consuming and frustrating. The process may be more effective if you prepare a clear witness statement and organise the supporting documents in advance. Our solicitors have experience assisting people to make reports and to support Police and other law-enforcement investigations.

Your bank account may be subject to a restraint order. We can assist in determining whether an order exists and the reason for it. We can also advise on an application to vary or discharge the restraint order.

For ordinary offences, the police generally have no automatic blanket power to demand a password. Specific statutory powers may apply, particularly in national-security investigations.

The suspect is placed with people of similar appearance for identification by witnesses. The suspect may have a lawyer present, choose their position and object to an unfair lineup.

The Scheme allows an eligible person under 18 who admits an offence to receive a police caution instead of prosecution. It is not a criminal conviction, although the police retain a record.

Yes. A section 183 notice may require attendance, answers, documents and explanations. Failure to comply without reasonable excuse may constitute an offence.

Yes. A magistrate may require the person to surrender their travel documents. The person may apply for their return or permission to undertake a particular journey.

The police have no general power to take away a suspect's passport before the person is formally charged with an offence. The ICAC may, however, apply to a magistrate for travel restrictions during an ongoing investigation.

Civil litigation generally concerns disputes between individuals or organisations, such as contractual, property or compensation claims. The claimant normally seeks a remedy such as damages or an injunction and must prove the case on the balance of probabilities. Criminal litigation involves a prosecution against a person accused of an offence. The prosecution must prove guilt beyond reasonable doubt, and the outcome may include an acquittal or a penalty such as a fine or imprisonment. The same facts can sometimes give rise to both civil and criminal proceedings.

A community service order is a sentence requiring a defendant to perform unpaid work for the benefit of the community. Before making an order, the court must obtain a report on the defendant's suitability. An order may require up to 240 hours of work and can only be made for an offender aged over 14. Relevant considerations may include whether the person is a first offender or has little criminal record, has a stable family and home situation, has a good employment record or prospects, is genuinely remorseful and presents little risk of reoffending. These considerations are not exhaustive.

The decision whether to prosecute rests with the Department of Justice under the Director of Public Prosecutions. Even for a first offender facing a relatively minor charge, a conviction may have serious consequences for employment or immigration status. Where appropriate, we can advise and make representations asking the Department of Justice to apply to withdraw the charge and bind the person over to be of good behaviour. If the court accepts that course, the person is acquitted of the criminal charge and does not receive a criminal conviction. Provided no further offence is committed during the relevant period, the person's criminal record remains clear.

For serious offences tried in the High Court, a jury is empanelled to decide the case. A jury normally consists of seven people, although the trial may proceed with a different number by order of the judge. Potential jurors are selected for a panel by the Registrar of the High Court and then chosen by ballot in court. The judge directs the jury on the law. Having heard and seen the evidence, the jury decides whether each count on the indictment has been proved beyond reasonable doubt. There is no right to trial by jury in the Magistrates' Courts or District Court.

The court considers the risks that the accused may fail to attend court, commit another offence or interfere with witnesses or the administration of justice.

Conditions may include cash security, a surety, passport surrender, travel restrictions, residence requirements, reporting and restrictions on contacting witnesses.

Most cases begin in the Magistrates' Courts. More serious cases may be tried in the District Court or the Court of First Instance, depending on the charge and available sentencing powers.

The Commercial Crime Bureau is a specialist branch of the Hong Kong Police Force. It investigates serious and complex commercial fraud and the counterfeiting or forgery of currency, coinage, credit cards, commercial instruments, travel documents and identity documents. The Bureau works closely with international law-enforcement agencies to exchange intelligence and process requests concerning suspected criminal conduct in commercial transactions. Its Technology Crime Division conducts technology-related investigations, collects digital evidence and carries out forensic examination of computer systems.

Yes. You may apply for a Certificate of Traffic Conviction Record, which records driving-offence points and disqualification orders for the previous five years. The application must be made in person, with payment of the prescribed fee, at the Police Traffic Conviction Records Office at Police Headquarters in Arsenal House, Wan Chai.

Self-defence may apply where the defendant honestly believed that force was necessary and the force used was reasonable in the circumstances as the defendant believed them to be.

The prosecution must prove an assault that was objectively indecent, occurred without legally effective consent and was accompanied by the required mental element.

Voyeurism generally involves observing or recording intimate conduct without consent. Upskirting specifically involves using equipment beneath or through clothing to observe or record an intimate part.

The prosecution must prove that the accused knowingly had custody or control of a substance that was a dangerous drug, without lawful authority.

Theft requires dishonest appropriation of property belonging to another person, with an intention permanently to deprive that person of it.

Driving is careless if it falls below the standard expected of a reasonable and prudent driver, either through lack of due care or lack of reasonable consideration for other road users.

Driving is dangerous if it falls far below the standard expected of a competent and careful driver and the danger would be obvious to such a driver.

The prescribed limits are 22 micrograms in breath, 50 milligrams in blood or 67 milligrams in urine per 100 millilitres. Higher readings fall within Tiers 1, 2 or 3 and attract progressively longer disqualification.

Barristers, sometimes referred to as counsel, are legal practitioners specialising in advocacy and litigation. They include Senior Counsel and junior counsel. Barristers receive instructions from solicitors, who in turn take instructions from their clients. Morley Chow Seto is a firm of solicitors. We maintain close ties with Senior and junior counsel in Hong Kong and overseas, and regularly instruct barristers in courts ranging from the Magistrates' Courts to the Court of Final Appeal. We work with counsel as a team to provide effective representation.

The Hong Kong Police issues Certificates of No Criminal Convictions for a person's application for a visa to visit or reside in another country, or for the adoption of children. Local applicants must attend Police Headquarters at Arsenal House in Wan Chai in person and pay the prescribed fee. Overseas applicants may apply in writing with the required documents. We can advise on and assist with the process.

No. Commercial surrogacy activity is prohibited whether the proposed arrangement is made inside or outside Hong Kong.

Hong Kong does not generally erase convictions. Under the Rehabilitation of Offenders Ordinance, a qualifying first conviction may become spent after three years without another conviction, subject to statutory conditions and exceptions.

Criminal records are not generally open to the public. Disclosure normally requires the person's consent or specific legal authority, and a Certificate of No Criminal Conviction is sent directly to the relevant overseas authority.

A barrister may be instructed where specialist advice or courtroom advocacy is needed. It also depends on the required right of audience—for example, a criminal trial in the High Court will generally require a barrister or a solicitor advocate with higher rights of audience. Your solicitor remains responsible for preparing and coordinating the case.

Generally, yes. Confidential communications for obtaining or giving legal advice are protected by legal professional privilege, although the protection does not extend to communications made to further a crime or fraud.

Generally, a lawyer must keep client information confidential and cannot disclose it merely because the police ask. Disclosure may nevertheless be required or permitted by law in limited circumstances.

Possibly, but an acquittal does not automatically produce a costs award. The court decides whether to award defence costs under the applicable statutory principles and the circumstances of the case.

Yes, subject to the applicable means and merits tests. The Duty Lawyer Scheme covers eligible Magistrates' Court cases, while the Legal Aid Department handles eligible District Court, High Court and appeal proceedings.

Contact your lawyer and the court immediately. Unless the court excuses your attendance, failing to appear may lead to a warrant, forfeiture of bail and further legal consequences.

Generally, yes. A court may exclude the public or impose reporting restrictions where legislation or the interests of justice require it, including in some cases involving children or vulnerable witnesses.

Not without the court's permission. Photography, audio or video recording and live transmission are generally prohibited in courtrooms and court buildings, subject to any express judicial authorisation.

Both are barristers and generally have the same rights of audience. Senior Counsel are appointed by the Chief Justice in recognition of their ability, standing, professional knowledge and experience, and are commonly instructed in serious or complex cases.