CPH Legal has a special focus on criminal litigation. We often directly act as defence counsel for our clients in criminal trials. Our Principal Solicitor, Mr. Eric P H Chan, also serves as a fiat prosecutor briefed by the Department of Justice, who occasionally represents the Hong Kong Government in Court to prosecute criminal cases.
Our legal team has represented clients in handling cases involving the Commercial Crime Bureau of the Hong Kong Police Force (CCB), Hong Kong Immigration Department, Hong Kong Customs and Excise Department, Independent Commission Against Corruption (ICAC) and Securities and Futures Commission of Hong Kong (SFC). We handle cases in all stages, including investigation, arrest, bail, mention hearing in Court, applying for Offer No Evidence Bindover (O.N.E. Bindover), Pre-Trial Review (PTR), Trial, and Appeal to the High Court and the Court of Final Appeal.
We tailor-make criminal defence plans for our clients having due regard to their needs and budgets. In appropriate cases, our legal team can represent our clients as defence counsel in Magistrates Courts and the District Court with or without instructing a barrister. In appropriate cases, we can further instruct Counsel or Senior Counsel (SC), whose experiences and seniorities correspond to our clients’ need, to appear in the High Court, the Court of Appeal, the Court of Final Appeal and various levels of Court.
- In a wounding causing grievous bodily harm (wounding 19) case, our Principal Solicitor Mr. Chan as trial counsel successfully persuaded the Court to rule inadmissible a cautioned confession statement given by a client, which ultimately led to the client's acquittal.
- Mr. Chan also appeared in Court as the defence counsel in a common assault case. He drew to the Court's attention that the prosecution witness's testimony was illogical and contradictory to the footage of CCTV. The client was acquitted after the trial.
- In two criminal cases involving police's operation using undercover agents, we instructed Senior Counsel and Counsel to appear as defence counsel for the clients, and successfully persuaded the Court to rule that the Cautioned Statements where the clients confessed were made under threats and hence involuntary. Eventually, the Court ruled that these confessions were inadmissible as evidence. The clients were acquitted after trial.
- We represented a client in a money-laundering case that involved nearly around HK$100 million. Upon settlement with the party involved, which was a listed company on Nasdaq, and after negotiation with the Hong Kong Police Force Commercial Crime Bureau (CCB), the client was released unconditionally with the $200,000 bail money returned.
- On a large number of occasions, we successfully persuaded the Prosecutor of the DOJ to agree to offer no evidence against our clients and dispose of the case by way of a bindover order (O.N.E. Bindover). The clients only needed to agree to be bound over in Court and were not left with a criminal record.
Types of cases CPH Legal have handled for defence or for prosecution:
- Assault cases, including common assault, assault occasioning actual bodily harm & grievous bodily harm, fighting in a public place and possession of an offensive weapon etc.;
- Crimes involving dishonesty such as theft, fraud, and obtaining property by deception etc.;
- Sexual offences such as rape, indecent assault, unlawful intercourse with a mentally incapacitated person, acts outraging public decency, soliciting for an immoral purpose etc.;
- Perverting the Course of Public Justice;
- Crimes involving drugs;
- Crimes involving Independent Commission Against Corruption (ICAC) and Prevention of Bribery Ordinance;
- Cases involving Security and Futures Commission of Hong Kong (SFC);
- Money laundering;
- Cases involving Organised Crime and Triad Bureau (OCTB) of the Hong Kong Police Force.
If you or a family member are now involved in a criminal case and wish to obtain urgent legal advice and/or representation in Court, you can contact our WhatsApp hotline 6103 0006 or email us to set up a free WhatsApp consultation.