HONG KONG

LEGAL TRADITIONS
An overview of how a criminal case is typically handled by the Hong Kong criminal
justice system.
1. A Crime is Reported
-The starting point of any criminal case is the reporting of a crime. It is usually done by
either the victim, a witness of a crime, or an officer of the Hong Kong Police Force
2. The Arrest
-Pursuant to Section 50 of the Police Force Ordinance (Cap. 232), police officers can arrest
any person who he/she reasonably believes will be charged with, or whom he/she
reasonably suspects of being guilty of any offence for which the sentence is fixed by law
-The person under arrest will be brought before the Duty Officer of the police station
covering the district or area where the arrest took place.
-At the station, the arrested person will be registered as being arrested, photograph of the
arrested person and his/her fingerprints will be taken for the Police records.
3. Bail
-Police Bail
Depending on the nature of the offence alleged to have been committed by the suspect,
the police can release the suspect on bail. If a suspect has been formally charged of an
offence, bail is usually extended until the first court hearing.For serious crimes, police bail
will almost always be refused, and the decision will be left to the court to make the
decision.
-Court Bail
Court Bail is usually decided at a Magistrates' Courts where the case is first heard. In some
circumstances, an application for court bail can be heard before the High Court.
4. The Investigation
-The investigation is the process by which the Police gathers evidence and interrogate
witnesses to determine whether a crime has been committed and, if a crime has been
committed who is responsible for having committed the crime.
5. Statement under Caution
-As part of their investigation, the Police will take a statement from the arrested person.
The police officer taking a statement from an arrested person must caution him or her as
follows:
"You are not obliged to say anything unless you wish to do so but whatever you say will be
put into writing and may be given in evidence."
6. Criminal Charge(s)
-At the end of an investigation, one of two things can happen: either the case is closed
due to a lack of evidence or a criminal charge is laid on a suspected or arrested person.
7. First Initial Hearing
-A person accused of an offence will usually be brought to a Magistrates Courts for the
first hearing. The location of the Magistrates' Court will generally depend on where the
alleged offence took place. If the prosecution needs more time to investigate or seek legal
advice, or if it decides to transfer the case for trial in a higher court, then it will ask for an
adjournment.
8. The Trial
-A trial is the presentation of evidence and the arguments to the Court. In a criminal trial,
the prosecution (the Hong Kong Department of Justice) tries to prove beyond a
reasonable doubt that the Defendant committed the crime that he has been charged with.
The Defendant is not required to put forward a defence.
9. The Verdict
-At the end of the trial, the Court must render a verdict: guilty or not guilty.
-Defendant Found Guilty
If the Defendant is found guilty, the court will then move to sentencing. As mentioned
above, there are times when the court will need to adjourn the case to further consider
what sentence should be imposed.
-Defendant Found Not Guilty
If the Defendant is found not guilty, the Court will end the proceedings and the Defendant
can go back to living his/her live normal.
As a victim or witness of crime you have the right to:
1. be treated with courtesy, compassion, sensitivity and respect for your personal
dignity and privacy;
2. so far as practicable, be interviewed by police at a place and time convenient to you
;
3. be accompanied by your legal representative during an interview with the police;
4. receive prompt medical attention in respect of injuries sustained in the commission
of a crime, or should you feel unwell;
5. obtain refreshments at your own expense;
6. keep certain particulars unconnected to the investigation confidential, and have
data provided to police handled in accordance with the Personal Data (Privacy)
Ordinance;
7. automatically be interviewed by an officer of the same sex in all cases of a sexual
nature;
 8. request a copy of any written statement you have made to police (or video tape
recording of your interview where applicable);
9. be given a Crime Investigation Unit Contact Card containing the office telephone
number of the responsible officer of the case;
10.have property belonging to you returned to you at the earliest opportunity once not
required in connection with the investigation;
11.be informed of police and court procedures should you request such information,
and be informed of the progress and result of the investigation expeditiously;
12.be informed of your role in, and the procedures of, the prosecution process;
13.be informed of the date and location of any subsequent court hearing;
14.be provided with protective measures by the police in accordance with their
evaluation of any threat, and be considered for inclusion in the Witness Protection
Programme, should you so wish;
15.be advised of appropriate agencies which may be able to assist you, such as the
Social Welfare Department, the Legal Aid Department and the Consumer Council;
16.juveniles (persons aged under 16) and mentally incapacitated persons will normally
be interviewed in the presence of a parent, guardian or other appropriate adults,
except if a delay would cause undue hindrance to the furtherance of justice or
might cause harm to others; and
17.mentally incapacitated persons as well as child witnesses of cases of sexual abuse,
cruelty, assault or a threat of injury to others, may:
1. request consideration be given for their interviews video recorded for the
purpose of tendering as evidence in court or may give evidence through live
television link during the court trial; and
2. be accompanied by a support person when giving evidence in court,
providing that person is not involved in the case.

CRIME ISSUES
COMMON CRIMES COMMITTED IN HONG KONG:
A. Theft
 The surge in theft cases in Hong Kong can be attributed to a combination of factors
related to increased activity, relaxed Covid-19 measures
 The police attribute this increase to the city’s return to post-Covid normality.
 As society gradually returns to normalcy, more people are out on the streets, which
may explain the rise in theft incidents.

B. Assaults
 Factors contributing to the rise in assault cases can be multifaceted, including social,
economic, and cultural dynamics.
 Authorities attribute the increase to the pandemic, with a weaker economy creating
more stress at home and children.
C. Vandalism
 The escalation of violence and vandalism in Hong Kong reflects a battle for the soul of
the city, where deeply entrenched political divisions and grievances have spilled over
into the streets and public spaces
 Hong Kong is facing its most significant political crisis ever, and the intensity of the
protests has led to heightened tensions and acts of vandalism.
D. BURGLARIES
 The rise in burglary cases is primarily attributed to incidents involving residential
premises. Burglars often target homes that are left unattended when people have
resumed work, schooling, or trips.
 Local Recruitment: Some burglary gangs, mainly comprising local individuals, recruit
criminals from the Mainland to commit crimes in Hong Kong. Even if these mainland
criminals are arrested, the local masterminds behind the crimes can still escape justice
E. DRUG OFFENSES
 Peer influence stands out as the most dominant cause, accounting for 56% of cases.
When friends or acquaintances engage in drug use, it can significantly impact others’
behavior.
 Another common reason is boredom, depression, and stress, which affects around
46% of young abusers.

F. SEX TRAFFICKING
 Migrants, foreign workers, people living in poverty, and children are particularly
vulnerable to exploitation. Traffickers prey on their precarious situations, luring them
into dangerous situations.
 The rise of technology has facilitated cybersex trafficking. Victims are coerced into
pornography and live video sharing, with traffickers using various internet platforms
and social media to lure them.
G. TRIAD-RELATED CRIMES
 The rise in triad-related crime cases in Hong Kong is influenced by a combination of
deception, social factors, and criminal activities.
 The majority of cases are related to outbreaks of conflict between rival groups.

H. DECEPTION
 Online shopping scams, employment fraud, investment fraud, and telephone
deception have seen a surge. Criminals often exploit the Internet and telephone
channels to deceive victims.
 People increasingly engage in communications through the Internet and social media,
providing scammers with more opportunities to trap victims.

CRIME RATE

CRIME POLICING
1. It is lawful for any police officer to arrest any person who he reasonably believes will
be charged with, or whom he reasonably suspects of being guilty of any offence for which
the sentence is fixed by law, or for which a person may (on a first conviction for that
offence) be sentenced to imprisonment, or any offence if it appears to the police officer
that service of a summons is impracticable.
2.Police officers will only make arrests in accordance with the law which are necessary for
the purpose of the maintenance of law and order. Arrests may be made lawfully by a
police officer with or without a warrant issued by the court.
. If a suspect is arrested by a police officer, the suspect will be informed that he/she is
under arrest and the reasons for the arrest.
4. Following arrest, the suspect will be brought before the Duty Officer of the police
station covering the area in which he/she were arrested for inquiry. The Duty Officer will
examine the reasons for arrest and shall be
satisfied that the arrest is lawful. If the Duty Officer is not satisfied that the suspect should
be further detained, the suspect will be released forthwith.

GOVERNMENT
HISTORY
British Colonial Era:
In 1841, the Convention of Chuenpi between Britain and China ceded Hong Kong to
Britain.
After the First Opium War, the 1844 Treaty of Nanking confirmed this cession.
Hong Kong was administered by a governor, appointed by and representing the monarch
of the United Kingdom. The governor directed the government, served as the commander
in chief, and presided over the two main organs of government: the Executive Council and
the Legislative Council123.
Chinese Sovereignty and “One Country, Two Systems”:
In 1997, China regained sovereignty over Hong Kong.
The Basic Law of the Hong Kong Special Administrative Region, promulgated by the
National People’s Congress of China, came into effect.
The guiding principle was “one country, two systems”, allowing Hong Kong to maintain its
capitalist economy and retain political autonomy (except in foreign policy and defense
matters) for 50 years.
The chief executive, under the jurisdiction of the central government in Beijing, leads the
executive branch.
Legislative authority rests with the Legislative Council (LegCo), whose members serve
four-year terms.
While universal suffrage was envisioned, it faced delays and challenges, leading to
concerns about true democratic representation1.
Legal System and Judiciary:
Civil and criminal law in Hong Kong is generally derived from that of the United Kingdom.
The highest court is the Court of Final Appeal, headed by a chief justice1.

Post-1997 Governance:
The Government of Hong Kong Special Administrative Region was formed on July 1, 1997,
replacing the former British Hong Kong Government.
The Chief Executive and principal officials are appointed by the State Council of the
People’s Republic of China
Under its constitutional document, the Basic Law, Hong Kong is an autonomous Special
Administrative Region(SAR) of the People's Republic of China, except in defence and
foreign affairs.
details of governance:
A). Executive Branch of Government:
The chief executive serves as both the head of government and the head of the executive
branch. This position is subject to approval by the Chinese government.
B). Legislative Branch of Government:
Hong Kong has a unicameral legislative council with 70 members,40 members are directly
elected by the public through a majority vote and the remaining members represent
specific sectors and are elected by selected representatives.
C). Judicial Branch of Government:
-Hong Kong’s judiciary operates independently. It follows a legal framework that combines
elements of British Common Law and Chinese customary law. The court of final appeal
serves as the highest court, while other courts include the high court, district courts,
magistrates’ courts, and the juvenile court. Judges in Hong Kong courts are appointed by
the chief executive.
D). Civil Service:
The civil service comprises various government workers, including customs officers, clerks,
and police personnel. Members of the civil service are appointed based on merit and are
required to remain politically neutral.

CONSTITUTION AND LAWS

The Basic Law was adopted at the Third Session of the Seventh National People's Congress
on 4 April 1990 and was officially promulgated on the same day. The Basic Law is a
constitutional document of the Hong Kong Special Administrative Region (HKSAR) which
sets out clearly the country's basic policies regarding Hong Kong. It enshrines within a
legal document the important concepts of "one country, two systems", "Hong Kong
people administering Hong Kong" and a high degree of autonomy. It also prescribes the
various systems to be practised in the HKSAR and sets out the blueprint for the HKSAR's
future development.
The Basic Law has been in effect since 1 July 1997. It safeguards the prosperity and
stability of Hong Kong and also protects the rights and freedoms of Hong Kong residents.
It is important for Hong Kong people, the Mainland residents, as well as people in other
countries to get to know the Basic Law.
The Basic Law consists of:
1. The full text of the Basic Law which comprises a total of nine chapters with 160
articles;
2. Annex I, which sets out the method for the selection of the Chief Executive of the
HKSAR;
3. Annex II, which sets out the method for the formation of the Legislative Council of
the HKSAR and its voting procedures; and
4. Annex III, which sets out the national laws to be applied in the HKSAR.

POLICE
HONG KONG POLICE FORCE LOGO
NEW OLD

WORKS OF THE POLICE

The Hong Kong Police Force has a rich history, dating back to its formation in 1844. Over
the years, it has evolved from an organization with a broad-based role (including fire-
fighting, prisons, and immigration) to a modern and efficient police service.
1. Safeguarding National Security: The Force plays a crucial role in ensuring national
security within Hong Kong. It works to prevent and address threats to the country’s safety
and stability.
2. Protecting Life and Property: The police are dedicated to safeguarding the lives and
property of residents. They respond to emergencies, enforce safety regulations, and
maintain order during crises.
3. Preventing and Detecting Crime: The Force actively investigates criminal activities,
apprehends offenders, and prevents crimes from occurring. This includes everything from
petty theft to serious offenses.
4. Maintaining Law and Order: Police officers work tirelessly to maintain peace and order
in the community. They handle public disturbances, traffic management, and other law
enforcement duties.
5. Community Engagement: The Hong Kong Police Force strives to build strong ties with
the community. They collaborate with citizens, local organizations, and other agencies to
address concerns and maintain public trust.
6.Excellence and Professionalism: The Force aims for excellence in all aspects of its work.
This includes continuous training, adopting modern policing techniques, and upholding
high standards of professionalism.
7. Public Confidence: The police work diligently to maintain public confidence in their
abilities. By ensuring transparency, accountability, and fair treatment, they contribute to
Hong Kong’s reputation as one of the safest and most stable societies in the world

LOGO
new uniform for counter-terrorism units:
Airport security unit (ASU) officers will keep their iconic navy blue colour, while the
uniform for the Counter-terrorism response unit (CTRU) will be grey-blue and the Railway
response team (RRT) will be grey.

COMPOSITIONOF THEIR POLICE

The Force is commanded by the Commissioner of Police who is assisted by three Deputy
Commissioners. One Deputy Commissioner supervises all operational matters and one is
responsible for the direction and co-ordination of the management of the Force, including
personnel,training and management services. The third one is tasked with safeguarding
national security.
The Force Headquarters is made up of six departments:
A.Operation
 B.Crime and Security
C.Personnel and Training
D.Management Services
E.Finance, Administration and Planning
F.National Security
For daily policing, the whole Hong Kong territory is delineated into six Police Regions:
A.Hong Kong Island
B.Kowloon East
C.Kowloon West
D.New Territories North
E.New Territories South; and
F.Marine.
1).DEPARTMENT (OPERATION)
The Operations Department, comprising Operations Wing, Support Wing and six Police
Regions, is responsible for different operational matters.
• Operations Wing is the Force policy holder of various operational issues including
counter-terrorism, internal security, boundary security, bomb disposal,
management of major events/ incidents, etc.
• Support Wing oversees the Support Branch and Traffic Branch Headquarters
(TBHQ). The Support Branch is responsible for the formulation and execution of
policies in relation to operational support and occupational safety and health for
both the regular and auxiliary Forces. It is also responsible for various licensing
functions of the Force and offering assistance to other relevant licensing authorities.
2).DEPARTMENT (CRIME AND SECURITY)
The Crime and Security Department is responsible for Force policies regarding the
prevention and investigation of crimes and security matters.
• The Crime Wing consists of a number of operational bureaux and specialised
support units. The operational bureaux deal with specific areas of criminal activities,
whereas the specialised support units provide support services to various
operational units in the Force and handle policy matters on issues including child
abuse, domestic violence and witness protection.
• The Security Wing provides VIP protection, liaises with consulates and co-ordinates
security operations, including counter-terrorism and related training.
3).DEPARTMENT (PERSONNEL AND TRAINING)
The Personnel Wing (P Wing) is responsible for all core human resources
management functions, including recruitment, promotion, career development,
conditions of service, discipline, staff relations and welfare matters.
 • Hong Kong Police college is responsible for all matters relating to training within the
Hong Kong Police except internal security, auxiliary and marine Police training.
Training provideded by the Police college includes recruit and continuation training,
crime investigation training, police driver training and weapon tactics training.
4).DEPARTMENT (MANAGEMENT SERVICES)
The Management Services Department is underpinned by the Information Systems Wing
as well as the Service Quality Wing.
• The Information Systems Wing is comprised of the Digital Policing Services Bureau,
Innovation and Solution Lab (ISLAB), Information Technology Branch and
Communications Branch.
• The Digital Policing Services formulates and co-ordinates the digital policing
blueprint and initiatives and is also responsible for information security of the
Force. It assists the Force to enhance its operational efficiency, optimise work
processes and provide more convenient policing services through delivery of
a wide range of digital solutions such as e-services and mobile applications.
• The ISLAB is responsible for strengthening the Force’s innovation and
technology application capability in this digital age.
• The Information Technology Branch is responsible for the planning,
development, implementation and maintenance of information technology
application systems, covering infrastructure and facility, administration
systems, operation communications solutions and operations systems, to
provide excellent support to the daily operation of the Force and all Force
members.
5).DEPARTMENT (FINANCE, ADMINISTRATION AND PLANNING)
• The Finance Wing is responsible for the financial management, forensic
accounting and support services, stores management and internal audit of the
Force. The Administration Wing looks after the management of civilian staff and
Force establishment matters. The Planning and Development Branch (P&D) is
responsible for the strategic property planning of the Force. The P&D plans and
develops the existing and future Police buildings and facilities to meet public
expectation and promote sustainable developmentthrough monitoring the
infrastructural development and population growth in Hong Kong and the
operational needs of the Force.
6).DEPARTMENT (NATIONAL SECURITY)
• The National Security Department (NSD) is responsible for collecting and analysing
intelligence and information concerning national security; planning, coordinating
and enforcing measures and operations for safeguarding national security;
investigating offences endangering national security; conducting counter-
interference investigation and national security review; carrying out tasks of
safeguarding national security assigned by the Committee for Safeguarding National
Security of the HKSAR; and performing other duties and functions necessary for the
enforcement of the National Security Law.
 •

CORRECTION
The Correctional Services Department (CSD) manages a variety of correctional
facilities. Here are the different types:

1. Prisons: These are correctional institutions where adult offenders serve their
sentences. There are both male and female prisons, each with different security levels:
 Maximum Security: For high-risk offenders.
Secession: Attempting to break away from the sovereignty of China or advocating for
Hong Kong’s independence.
Subversion: Undermining the authority of the central government or the Hong Kong
Special Administrative Region (SAR) government.
Terrorism: Engaging in acts of violence or intimidation to create fear or harm in society.
Collusion with foreign forces: Cooperating with external entities to undermine national
security.
*LIFE IMPRISONMENT*
 Medium Security: For those with moderate risk.
It primarily houses adult women prisoners and remands.
Type of Persons in Custody:
1. Female adult Convicted Persons
2. Female adult Remand Persons
3. Female adult drug addicts undergoing treatment program under the Drug
Addiction Treatment Centres Ordinance

*3 YEARS TO 10 YEARS OF IMPRISONMENT*

 Minimum Security: For lower-risk inmates.

Petty Theft or Shoplifting: Individuals convicted of minor theft or shoplifting may be
placed in minimum security prisons.
Non-Violent Drug Offenses: Offenders involved in non-violent drug-related crimes, such
as possession or small-scale trafficking, might be placed in minimum security facilities.
White-Collar Crimes: Individuals convicted of financial crimes like fraud, embezzlement,
or tax evasion may serve their sentences in minimum security prisons.
Property Crimes: Offenses related to property damage, vandalism, or trespassing could
lead to placement in minimum security facilities.
Low-Level Assault: Some cases of non-aggravated assault or battery may result in
minimum security placement.
*One to six months for offenders aged between 14 and under 21, and three to 12 months
for those aged between 21 and under 25. There is a 12-month supervision following
release.*

2. Rehabilitation Centres: These facilities focus on rehabilitation and reintegration into

society. They cater to both adult and young offenders.
3. Halfway Houses: Transitional residences for offenders nearing the end of their
sentences.
4. Detention Centres And Training Centres: Specifically for young male offenders.
Custodial Wards in Public Hospitals: These are within hospitals and serve as
correctional facilities for inmates requiring medical care.