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Criminal Law
Background check: Seeking a Certificate of No Criminal Conviction in Hong Kong and the rehabilitation of offenders with a criminal record
Hong Kong is a sophisticated First World city with huge finance and professional service industries. This often leads to enquiries concerning the proof of individuals’ backgrounds. However, the system in Hong Kong for proving a clear criminal record is not easy or convenient to use,…Read More
Tanner De Witt is recommended by Doyles Guide 2023 as Leading Criminal Defence Law Firm
Tanner De Witt is delighted to announce that we have been acknowledged as one of the recommended law firms by Doyle’s Guide 2023 for the Leading Criminal Defence Law Firms in Hong Kong. If you have enquiries related to criminal law matters, please contact: Tanner De WittEmail
Arrest of juveniles
What will happen if your children or child is arrested by the police? An overview of the rights of juveniles under arrest. Introduction We often hear of arrest of youngsters in Hong Kong. In this article, we briefly discuss how the legal system processes those…Read More
The Chambers and Partners Greater China Region 2023 rankings are announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2023 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. Tanner…Read More
Tanner De Witt is recommended by Doyles Guide 2022 as Leading Criminal Defence Law Firm
We are thrilled to announce that Tanner De Witt has been recommended as a leading criminal defence law firm in 2022 Doyle’s Guide for Hong Kong. Led by Mark Side and his team, their combined experience delivers realistic representation and dedication to clients confidentially and discreetly. If…Read More
Legal update: Law Reform Commission public consultation on new cyber-crimes
In this snapshot legal update, we report that on 20 July 2022, the cybercrime sub-committee of the Law Reform Commission published a consultation paper with its recommendations to introduce five new cyber crimes into law in Hong Kong. The consultation paper followed a comparative and…Read More
Legal Update – Anti-Money Laundering and Counter-Terrorist Financing Review Tribunal and Competence Assessment for Money Service Operators
The Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Chapter 615 of the laws of Hong Kong, (“AMLO”) (formerly known as Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance) came into effect on April 1 2012. It aims to enhance the anti-money laundering (“AML”) and counter-financing of…Read More
Data Breach Response: Managing Liability
The stakes are high after a data breach. There is a clear and present danger of legal liability. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides guidance on managing liability following a data breach. The primary…Read More
I committed a trivial breach of quarantine, do I have to go to prison for it? – A case study on breaches of quarantine under the COVID-19 pandemic
COVID-19 struck Hong Kong in early 2020. More than a year later, it is still affecting the lives of many on multiple levels. As a way to control the spread of the virus, the Government of Hong Kong has enacted and updated legislation since March…Read More
COVID-19 Legal Regulatory Framework
As the Coronavirus (Covid-19) outbreak continues to spread, Hong Kong has taken rigorous actions in combat of the infection surge. This article serves to briefly outline the anti-epidemic measures imposed by the Hong Kong Government and their relevant legal implications on individuals. Entry to Hong…Read More
Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?
Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More
Can regulated ‘offenders’ treat a criminal conviction as a ‘spent conviction’?
Section 2 of the Rehabilitation of Offenders Ordinance Cap 297 (“ROO”) is a godsend for offenders convicted for the first time and sentenced to a fine of less than HK$10,000 or to imprisonment of 3 months or less. An offender is entitled to treat the…Read More
