The general framework and the body of Hong Kong’s criminal laws were in fact imported from the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

when Hong Kong was first become a Crown colony in 1842 under the

Treaty of Nanking The Treaty of Nanjing was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the Unequal Treaties. In the ...

. Even nowadays, after the handover and years of development and modification, these laws are still very similar to those in the UK. Just like in Britain, criminal laws in Hong Kong are entailed in different statutory law and

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

. Although an individual can initiate a criminal prosecution, this is very rare due to many reasons: expensive costs involved in legal proceedings, lack of power and information to carry out formal investigation and collect evidence, exclusive right for the

Secretary for Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

to get involved or even take over any private criminal prosecution, etc. Therefore, it is the

who normally initiates a formal criminal prosecution. Before the Secretary initiates a prosecution, the Secretary must first determine (1) if there is enough evidence to provide an adequate basis to prosecute, and (2) whether the prosecution is to benefit the society as a whole. The Secretary, or officials acting upon his behalf, is required to follow a set of rules in a prosecution. The Secretary is then to present the case and any evidence to an impartial court. The defendant of the case is allowed to defense him in the court proceeding. At last, the court determines whether or not the defendant is guilty; accordingly, the court will also give appropriate remedies and orders. Therefore, criminal law can further divide into procedure law, substantive law, and judgement.

Procedural law

During a criminal proceeding, many steps and rules are involved. Each of the steps must be finished and followed in the correct order and the right time. First things first, in order for the

to institute a criminal proceeding, the Secretary must first lawfully collect evidence and arrest the accused person. Then, the Secretary determines whether to institute a criminal proceeding; if he does so, he should also determine which court he should bring case to for formal hearing.

Lawful Search, Seizure, and Arrest

See Arrest powers in Hong Kong

Laying Charges, Indictable or Summary Case, and Court Choice

See Summary Proceedings

Pre-trial

See Trial First Stage

Trial

Voir Dire (; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth ( la, verum dicere). This term is ...

*Empanelling jury Similar to many former British colonies, Hong Kong inherits the practice of trial by jury from the UK. The precise process of empanelling a jury is provided in the Jury Ordinance. In general, a jury is composed of seven jurors. Sometimes, a judge may enlarge a jury to a nine-person jury based on the situation. *Prosecution's opening, Examination, Cross-examination, Re-examination of witnesses *Defendant's opening, Examination, Cross-examination, Re-examination of witnesses *Closing *Summing-up by judge & Verdict

Substantive law

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Judgement

{{DEFAULTSORT:Hong Kong Criminal Law Law of Hong Kong Crime in Hong Kong Criminal codes