Offences potentially disposed of by O.N.E. Bindover

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 the “mother” of all dishonest crimes. It covers theft from shop (shoplifting), theft by 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.

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.

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 the Prosecution Code of Department of Justice, the ProsecutionMUSTconsider the following factors when dealing with a O.N.E. Bindover request: 

  1. whether the public interest requires the Prosecution to proceed;
  2. whether the consequences to the offender would be out of all proportion to the gravity of the offence;
  3. the likely penalty in the event of conviction;
  4. the age of the offender, his or her record, character, mental state (at the time of offending and presently);
  5. the views of the victim;
  6. 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 deal with 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.

"I would like to thank Mr. Chan and his team! They are very professional and proactive! I appreciate their help a lot! " (Original text in Chinese)
Ms. Cheng
Successfully obtained O.N.E. Bindover
"I got into a quarrel with my neighbour owing to noise issues. I was falsely accused of scratching her neck and was charged with common assault.
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)
Ms. Fong
Successfully defended a common assault charge and acquitted after trial

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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