Every second counts! Just one step away, it can impact your entire life.
Arthur Hong LLP is here, ready to assist you immediately.
Our team of criminal defense attorneys personally handles your case, available 24/7.
We will be there within ONE HOUR to assist with statement recording and bail applications.
We strive to achieve the best possible legal outcomes for you.
If your loved one or friend is suddenly arrested, contact us immediately.
We handle various criminal cases involving law enforcement agencies such as the Hong Kong Police Force, Independent Commission Against Corruption (ICAC), Immigration Department, and Hong Kong Customs.
24-Hour Arrest Support Hotline
Bail Process
STEP 1
Get in Touch with Arthur Hong LLP
STEP 2
Provide the relevant details of the party involved
STEP 3
Receive immediate phone consultation
STEP 4
On-site support for statement recording and bail proceedings
Arthur Hong LLP Answers to Frequently Asked Questions about Criminal Cases
1. What should I do if I have been arrested?
If you have been arrested, first remain calm. You have the right to remain silent, do not have to answer questions from law enforcement agencies such as the Hong Kong Police Force, Independent Commission Against Corruption (ICAC), Immigration Department, and Hong Kong Customs, and have the right to ask to see a solicitor. Please contact our legal team immediately and we will provide emergency support and legal advice to protect your rights.
2. Do I need assistance from a lawyer?
In criminal cases, the assistance of a solicitor is crucial. Our lawyers have extensive expertise and will provide you with professional legal advice and represent you in your defense. Whether during the investigation phase or in court, we will accompany you every step of the way to ensure that your rights and interests are fully protected.
3. What should I do if I receive a subpoena and am about to go to court?
If you receive a subpoena, it means you are about to participate in trial proceedings. Contact our team of solicitors today and we will prepare your defense strategy, research the evidence, and provide the legal guidance you need to ensure you have a solid defense case.
4. What is bail? Am I eligible to apply for bail?
Bail is a process whereby an arrested person is temporarily released from custody pending trial. The payment of bail and conditions of release will be determined by the law enforcement agencies or the court. Our team of lawyers will help you determine whether you are eligible to apply for bail and will assist and represent your interests during the application process.
5. What consequences will I face if I am found guilty?
If you are found guilty, you may face different consequences, including jail time, fines, community service, and more. Our solicitors will evaluate your situation and develop an appropriate defence strategy to minimize the consequences or obtain a reduced sentence.
6. Is acquittal possible?
Yes, acquittal is an outcome. If we are able to prove your innocence or the prosecutor cannot provide enough evidence to prove your guilt, the court may award an acquittal. Our solicitors will work hard to obtain the best outcome for you, including an acquittal.
7. If I disagree with the decision, can I appeal?
If you are not satisfied with the decision, you have the right to appeal to a higher court. Our solicitors will evaluate your situation and provide you with guidance and representation during the appeals process. We will assist you in preparing your appeal documents and defending your interests during the appeal process.
8. How should I prepare for a court debate?
Preparing for court arguments requires a thorough study of the facts and legal issues of the case. Our team of solicitors will help you collect and analyze evidence, prepare a defence strategy, and execute a strong court argument. We will discuss the case with you and help you understand your roles and responsibilities in the argument process.
9. Can I plead my case without a lawyer?
While you have the option of defending your case without seeing a solicitor, this is not recommended. Criminal legal procedures are complex and rigorous and require specialized legal knowledge and experience. Our solicitors have extensive criminal defence experience and will provide you with the professional guidance and representation necessary to ensure a fair trial.
10. What kind of assistance can Arthur Hong LLP provide?
We can dispatch a lawyer to accompany you to the law enforcement agencies to give a statement and handle bail matters, and provide immediate legal advice. If you admit the crime, we can plead for you in court and strive for a lighter sentence; if you do not admit the crime, we can provide you with legal assistance, etc.
11. Does Arthur Hong LLP only handle cases involving police stations?
Of course not, we can also assist in handling criminal cases from the Independent Commission Against Corruption, Immigration Department, Customs and other departments.
12. Why should we spend money to find a lawyer to go to the police station to give a statement?
Even if you do not need to go to court, it is still important to have a lawyer accompany you to the police station when giving your statement. Many times, whether the police bring charges, and whether they can be defeated in court, depends on how well the confessions are taken. A lawyer can provide legal advice to ensure that you do not say anything negative about yourself and avoid unnecessary risks. They can also protect your rights and interests and oversee the police interview process to ensure legal procedures and rights are protected.
13. Can the police arrest me if I haven't committed a crime?
The police can arrest you if they have reasonable grounds to suspect your involvement in a crime. They must make the judgment based on objective facts at the scene, but they don’t need to determine the specific law you may have violated at that time to make the arrest.
14. Can I choose not to answer police questions when they interrogate me?
After being arrested, you have the right to remain silent. The police will provide you with a cautionary statement that says, “You have the right to remain silent. Anything you say can and will be used against you in court.” In this situation, you can choose whether or not to answer the police questions (except for providing your name and address).
15. Am I obligated to assist the police in their investigation?
You are not obligated to assist the police or go to the police station if they simply request your assistance in an investigation. You have the right to decide whether or not to cooperate with the police and can leave the police station at any time. However, if you are formally arrested, you must accompany the officers back to the police station.
16. How long can the police detain me after arrest?
After the arrest, the police should bring you to the court as soon as practicable (usually within 48 hours). In cases involving deportation proceedings, the detention period can be extended to 72 hours. If the police want to extend the detention period, they must bring you to the court and apply for an extension, and you have the right to oppose the extension and apply for bail.
17. Can the police search my home? Can I refuse?
If the police ask for permission to enter your premises, you can refuse. However, if they have a search warrant issued by a magistrate or have reasonable grounds to believe that a person who needs to be arrested is inside your premises, you must cooperate. Refusing to cooperate may result in charges of obstructing or hindering a police officer, and the police may forcibly enter your home.
18. I can't afford legal representation. Should I just plead guilty?
Legal aid and duty lawyer services are available for application when you are formally charged and brought to court. During the first hearing or subsequent hearings in the Magistrates’ Court, you can apply for duty lawyer services to have legal representation for free. If the case is transferred to the District Court or the Court of First Instance for further hearings, you can apply for legal aid services, either for free or on a subsidized basis, from the Legal Aid Department.
19. Is it beneficial to plead guilty early if I am charged with a criminal offence?
According to the guidelines set by the Court of Appeal, a defendant who pleads guilty in the defence stage or before the scheduled trial can receive a one-third reduction in the sentence. Pleading guilty before the trial date may result in a 20% to 25% sentence reduction, but if the plea is made during the trial or on the first day of the trial, the discount may be reduced to 20%. If the plea is made midway through the trial, the sentence reduction may be even less.
20. I have been charged with a minor offence, and I don't want a criminal record. Is it possible?
Once a person is convicted, the record remains with the police or the court and cannot be deleted unless the offender successfully appeals. However, under the Rehabilitation of Offenders Ordinance (Chapter 297 of Hong Kong Laws), if the offender is a first-time offender (with no other criminal records) and is sentenced to imprisonment for not more than three months or fined not more than HK$10,000, the record can be considered “spent” if the offender does not reoffend within three years.
When a record is spent, it is treated as if the person has not been convicted. Therefore, if asked about criminal convictions, the person can answer “no.” The person cannot be dismissed from employment for not disclosing the spent record.
However, there are exceptions to the spent record arrangement. For example, it does not apply to applicants for senior government positions. It is also not applicable if the person intends to apply to become or be recognized as a lawyer, accountant, insurance agent, or bank director (Sections 3 and 4 of the Rehabilitation of Offenders Ordinance). Additionally, if the offender intends to emigrate and applies for a Certificate of No Criminal Conviction (commonly known as a “police clearance”), the spent record will still be listed, but it will be annotated as spent under Hong Kong law.
The information provided on this webpage is for preliminary reference only and is not formal legal advice. For more detailed information or support regarding any legal matters, please consult with a legal professional.
No matter what criminal case you are facing, our lawyers will provide you with support and assistance. Please feel free to contact us to arrange an initial consultation. We are committed to protecting your rights and striving for the best possible outcome.
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