In Hong Kong, having a criminal record might lead to long-lasting adverse consequences in terms of career development.
If the prosecution's case is wrong and is different from what has actually taken place, you may choose to defend your case and be represented by a criminal lawyer.
If you did commit the offence and there is no valid defence, other than pleading guilty in Court, in less serious cases, you may wish to apply for a O.N.E. Bindover so that you could have a "second chance" in life. If a O.N.E. Bindover is granted, you will have no criminal record.
Offences that could be disposed of by O.N.E. Bindover
Theft is a typical dishonest offence. From the most common theft from shop (shoplifting), theft by finding (taking items found on the street and at ATM), pickpocketing, car theft etc. One may be prosecuted for the offence of theft if he/ she committed any of them.
According to section 2 of Theft Ordinance (Cap. 210), “A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it …. shall be liable on conviction upon indictment to imprisonment for 10 years.”
If you are facing a theft charge, and the case only involves a shoplifting situation and a small amount of goods of relatively little value, and you did not commit it in an organised and premeditated manner, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
If you are facing a criminal charge, please contact our legal team as soon as possible.
According to section 8 of Dangerous Drugs Ordinance (Cap. 134), any person who has in his possession; or smokes, inhales, ingests or injects a dangerous drug shall be guilty of an offence.
If you are facing a possession of a dangerous drug charge, and the case only involves a small portion of marijuana or cannabis, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
If you are facing a criminal charge, please contact our legal team as soon as possible.
According to Pharmacy and Poisons Ordinance (Cap. 138), it is unlawful for anyone to have in his possession any poison included in Part 1 of the "Poisons List" otherwise than in accordance with the provisions of the Ordinance (normally this means a medicine which is supplied by a registered medical practitioner for the purposes of medical treatment).
"Poisons List" is listed in Schedule 10 of Pharmacy and Poisons Regulations (Cap. 138A). The list includes poisons such as Sildenafil (often found in Viagra), Nicotine (often found in alternative smoking products such as electronic cigarettes), and Cannabidiol (ie. CBD products).
If you are facing a possession of Part 1 Poisons charge, and the case only involves a small portion of the poisons, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
If you are facing a criminal charge, please contact our legal team as soon as possible.
Common Assault, according to section 40 of Offences against the Persons Ordinance (Cap. 212), any person who is convicted of a common assault shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 1 year.
If you are facing a common assault charge, and the case only involves minor injuries, and you did not commit it in an organised and premeditated manner, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
If you are facing a criminal charge, please contact our legal team as soon as possible.
Unlawful Fight in a Public Place, according to section 25 of Public Order Ordinance (Cap. 245), any person who takes part in an unlawful fight in a public place shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2 and to imprisonment for 12 months.
If you are facing an unlawful fight in a public place charge, and the case only involves minor injuries, and you did not commit it in an organised and premeditated manner, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
If you are facing a criminal charge, please contact our legal team as soon as possible.
According to section 60 of Crimes Ordinance (Cap. 200), a person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
If you are facing a criminal damage charge and the case only involves minor damages, and you did not commit it in an organised and premeditated manner, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
若你面臨該刑事檢控，請盡快與本所的刑事律師聯絡。g
According to section 27 of Offences against the Person Ordinance (Cap. 212), if any person over the age of 16 years who has the custody, charge or care of any child or young person under that age wilfully assaults, ill-treats, neglects, abandons or exposes such child or young person or causes or procures such child or young person to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, or any mental derangement) such person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years; or on summary conviction to imprisonment for 3 years.
If you are facing a charge involving neglecting or ill-treatment of a child, and the case only involves minor injuries, and you committed the offence out of an impulse when teaching or controlling your child, you may apply for a O.N.E. Bindover, provided that you have a good personal background. You will have no criminal record if the application is successful.
If you are facing a criminal charge, please contact our legal team as soon as possible.
According to the Prosecution Code of Department of Justice, the Prosecution MUST consider the following factors when dealing with a O.N.E. Bindover request:
- whether the public interest requires the Prosecution to proceed;
- whether the consequences to the offender would be out of all proportion to the gravity of the offence;
- the likely penalty in the event of conviction;
- the age of the offender, his or her record, character, mental state (at the time of offending and presently);
- the views of the victim;
- the attitude of the offender to the offence.
CPH Legal is experienced in handling criminal cases. Our Principal Solicitor, Mr. Eric P H Chan, serves as a criminal defence lawyer and as a fiat prosecutor briefed by Department of Justice, and is familiar with criminal procedure and the police's investigation process.
If you are encountering a criminal case, and wish to dispose of the case by way of O.N.E. Bindover , or wish to contest the case in Court, please contact our firm for consultation as soon as possible so as to allow sufficient time for case preparation.
Thanks to Mr. Chan's excellent cross-examination skills, the accused admitted many facts favourable to my case in Court. Mr. Chan checked the CCTV and discovered that the witness statement was contradictory and exaggerated. Due to these reasons, I was acquitted! At first, I was not confident about the case and I had no previous criminal record. No one would want to be involved in a criminal trial! It is fortunate to meet Mr. Chan. This experience boosts my interests in the legal industry and its procedure. " (Original text in Chinese)
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.
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