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Criminal
Halfway house in criminal strict liability offences
Many Ordinances in Hong Kong contain offences to regulate issues of social concern such as public safety in the provision of goods and services. These offences are commonly drafted without the prosecution having to prove any intention or ‘mens rea’ of the Defendant to commit…Read More
Legal update: Proposed Amendments to Hong Kong’s Anti-Money Laundering and Counter-Terrorist Financing Regulations
The Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) (Amendment) Bill 2017 (“the Bill”) was introduced into the Legislative Council (“LegCo”) on 28 June 2017. The Bill seeks to make enforceable against designated non-financial businesses and professions (including solicitors, foreign lawyers, accountants, estate agents and trust…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
Guilty plea discounts in sentencing guidelines for Hong Kong
In the appeal case of HKSAR v Ngo Van Nam CACC 418/2014, the Court of Appeal set down new guidelines for determining the amount of discount in sentence to be given to a defendant for a guilty plea. Prior to this decision a defendant received…Read More
An introduction to the legal aspects of illegal betting
International and domestic crackdown on illegal gambling on the Euro 2016 Championship and the Copa d’America football competitions reached headlines that summer. In late July 2016 Hong Kong Police announced that HK$586 million was seized and 103 arrests were made during the European Championship from…Read More
Legal update: An introduction to the legal aspects of match-fixing in sport
As illegal gambling has grown so has the awareness by local and international law enforcement agencies of the link between illegal gambling, organized crime and match-fixing and the severity of the match fixing. For instance in 2014 fifteen of the member states of the Council…Read More
Bind-over orders to rescue careers
In an increasingly regulated world, criminal convictions can destroy careers. Many people, from bankers and accountants to travel agents and holders of liquor licences are regulated by their profession or industry and are subject to a requirement by their regulator that they are ‘fit and…Read More
Legal update: Tips on protecting yourself during criminal arrest and execution of search warrants in Hong Kong with proper legal representation
The Commercial Crime Bureau obtained search warrants to search our client’s two residential properties and company office in Hong Kong. The CCB carried out “dawn raids” simultaneously on all three locations. We were able to provide immediate advice and assistance. No items were seized from…Read More
