Criminal Defence in Hong Kong

Types of Criminal Charges TITUS Handles

TITUS represents clients charged with a broad range of offences, from summary offences (tried in the Magistrates’ Court) to indictable offences (tried in the District Court or High Court). Common charges include: Theft and fraud under the Theft Ordinance (Cap. 210) — including larceny, obtaining property by deception, and handling stolen goods. Assault and violence under the Crimes Ordinance (Cap. 200) — including common assault, actual bodily harm, and grievous bodily harm. Drug offences under the Dangerous Drugs Ordinance (Cap. 134) — including possession, trafficking, and cultivation. Sexual offences under the Crimes Ordinance (Cap. 200) — including rape, indecent assault, and indecency charges. Bribery and corruption under the Prevention of Bribery Ordinance (Cap. 201) — including accepting bribes and soliciting bribes. These are often investigated by the Independent Commission Against Corruption (ICAC). Money laundering and asset concealment under the Organised and Serious Crimes Ordinance (Cap. 455). White-collar and financial crime — including market manipulation under Cap. 571, securities fraud, and misappropriation of funds. Dangerous driving under the Road Traffic Ordinance (Cap. 374) — including drink-driving. Immigration offences, unlawful entry, and overstaying. Public order offences — including affray, unlawful assembly, and riot.

We have particular expertise in high-stakes cases involving organised crime, financial crime, and ICAC investigations.

The Hong Kong Court System

Hong Kong has a hierarchical court system, and the severity of the charge determines which court tries your case. Magistrates’ Court — handles summary offences and preliminary enquiries in indictable cases. Magistrates’ Court trials are conducted by a single magistrate (not a jury). Trial is fast and informal but magistrates have limited sentencing power (usually up to 2 years’ imprisonment). Most minor criminal cases are tried here.

District Court — handles indictable offences triable on indictment or by way of summary procedure (with the accused’s consent). Trials are conducted by a single district judge and are more formal than Magistrates’ Court proceedings. Judges have broader sentencing power than magistrates (up to 7 years’ imprisonment for most offences, or the maximum prescribed by law).

High Court — comprises two divisions: (1) the Court of First Instance, which hears serious indictable offences (such as murder, rape, and armed robbery) and complex commercial crime cases. Trials are jury trials (for the most serious cases) or judge-alone trials. (2) the Court of Appeal (Criminal Division), which hears appeals against conviction and sentence from lower courts.

Court of Final Appeal — Hong Kong’s highest court, which hears final appeals on questions of law of public importance. An appeal to the Court of Final Appeal requires the court’s permission.

TITUS represents clients in all courts. We have experience with jury trials, judicial review of police conduct, and appeals.

Bail Applications Under the Criminal Procedure Ordinance

Under the Criminal Procedure Ordinance (Cap. 221), a person arrested or charged with an offence has the right to be released on bail unless the court is satisfied that: (1) There is substantial grounds for believing the accused will fail to appear in court (flight risk). (2) There is substantial grounds for believing the accused will commit a serious offence while on bail. (3) There is substantial grounds for believing the accused will interfere with witnesses or evidence. (4) It is necessary to remand the accused for the investigation of other offences.

The court must balance the accused’s right to bail against these risks. Bail conditions may include a cash deposit, a surety (a third party guarantor), a requirement to report to a police station, curfew restrictions, surrender of travel documents, or a condition not to leave Hong Kong.

If the court refuses bail, the accused may apply again at a later stage (usually within 6 months) with fresh evidence. If bail is granted but conditions are onerous, the accused may seek a variation of bail conditions.

TITUS prepares detailed bail applications that present the accused in the best light and seek reasonable bail conditions. We can arrange sureties and manage the bail process throughout the proceedings.

White-Collar and Financial Crime

White-collar crime typically involves sophisticated financial misconduct, such as fraud, insider dealing, market manipulation, misappropriation of funds, and breach of fiduciary duty. These cases are often complex, involving large volumes of documents and expert evidence.

Insider dealing under the Securities and Futures Ordinance (Cap. 571) makes it illegal for a person with inside information to deal in securities or tip off others. Penalties include imprisonment and substantial fines. Market manipulation under Cap. 571 prohibits practices that distort share prices or trading volume, such as wash trading (trading with oneself to create the appearance of activity) or ramping (spreading false rumours to drive up prices).

Securities fraud and misappropriation typically arise from fraudulent prospectuses, false financial statements, or theft of client funds. These cases are often prosecuted by the Securities and Futures Commission (SFC) or the ICAC. Breach of fiduciary duty is a civil wrong but may also trigger criminal liability if it involves dishonest conduct. Directors, fund managers, and investment advisers are subject to strict fiduciary duties.

These cases require specialised knowledge of securities law, forensic accounting, and complex fact patterns. TITUS has experience defending clients in complex white-collar crime cases and cross-examining expert witnesses such as forensic accountants.

Money Laundering and Asset Concealment

The Organised and Serious Crimes Ordinance (Cap. 455) makes it an offence to acquire, possess, conceal, transfer, or use property known or suspected to be proceeds of crime (money laundering). It is also an offence to help another person engage in money laundering.

Cap. 455 applies to “serious crimes”, which include drug trafficking, weapons trafficking, robbery, fraud, and other grave offences. If property is suspected to be proceeds of a serious crime, a person may face prosecution for money laundering even if they did not commit the underlying predicate offence.

The Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405) provides a civil procedure for confiscating the proceeds of drug trafficking, and the Organised and Serious Crimes Ordinance (Cap. 455) provides similar confiscation procedures for other serious crimes.

Money laundering charges are serious and carry severe penalties — imprisonment and fines up to HK$5 million. A conviction requires proof that the accused knew or suspected the property was proceeds of crime.

TITUS defends money laundering charges by challenging the evidence that the accused knew or suspected the property was proceeds of crime. We also advise on asset protection strategies and working with authorities to avoid prosecution.

Drug Offences Under the Dangerous Drugs Ordinance

The Dangerous Drugs Ordinance (Cap. 134) makes it an offence to possess, traffic in, or cultivate dangerous drugs. Drug offences in Hong Kong carry severe penalties, and Hong Kong has mandatory minimum sentences for trafficking.

Summary conviction offences (tried in Magistrates’ Court) include possession of a small quantity of cannabis. Indictable offences (triable in higher courts) include trafficking, large-scale possession, and cultivation.

Sentencing for drug trafficking is severe. For the first conviction of trafficking in a dangerous drug (other than heroin), the minimum sentence is 8 years’ imprisonment. For trafficking in heroin, the minimum sentence is typically 10 years’ imprisonment. Trafficking is often charged as a conspiracy, meaning that multiple people acting together can all be charged.

Key defences in drug cases include: challenging the legality of police searches under the Crimes Ordinance and the Bill of Rights; challenging the evidence of possession or trafficking; arguing that the accused was unaware of the presence of drugs (knowledge defence); and arguing duress (that the accused was forced to traffic drugs under threat).

TITUS has extensive experience defending drug trafficking charges. We challenge police procedures, obtain expert evidence on forensic analysis of drugs, and negotiate with prosecutors where appropriate.

ICAC Investigations and Prevention of Bribery Charges

The Independent Commission Against Corruption (ICAC) investigates corruption, bribery, and misconduct by public officials and private sector employees. Being investigated by the ICAC is a serious matter, and many ICAC investigations result in criminal charges under the Prevention of Bribery Ordinance (Cap. 201).

Under Cap. 201, it is an offence to: Offer or solicit a bribe (any advantage offered or requested in relation to a person’s office or employment). Accept a bribe or solicited advantage. Use your public office or position of trust to gain a dishonest advantage. Fail to disclose a conflict of interest.

The burden on the prosecution is to prove dishonesty beyond a reasonable doubt. Many ICAC cases turn on the definition of “advantage” (which is broad and includes non-monetary benefits) and the element of dishonesty.

If the ICAC approaches you for questioning, you have the right to legal representation. You are not obliged to answer questions, and anything you say may be used as evidence. Cooperating with the ICAC (such as making a statement or providing documents) may help your case or may be used against you later — legal advice at this early stage is critical.

TITUS represents clients under ICAC investigation and in subsequent criminal proceedings. We work closely with the ICAC to manage the investigation and often negotiate outcomes that avoid prosecution.

How TITUS Helps from Police Station to Appeal

TITUS provides comprehensive criminal defence representation at all stages: Police custody stage — we advise on your right to remain silent, attend police interviews, and advise on bail applications. Magistrates’ Court proceedings — we represent you on bail, handle preliminary enquiries, and represent you at trial. Higher court proceedings (District Court and High Court) — we conduct jury trials (if applicable), handle complex evidence and expert witnesses, and manage plea negotiations. Appeals — we advise on grounds of appeal and represent you before the Court of Appeal or Court of Final Appeal if necessary.

We work in plain English, explain your options clearly, and provide realistic assessments of the evidence and likely outcomes. We handle all the procedural work — from filing court papers to arranging witnesses — so you can focus on your case. We have particular expertise in complex financial crime, drug trafficking, and ICAC cases.