❓ What is a plea bargain?

A plea bargain is an agreement between the prosecution and the defence where the accused agrees to certain terms (such as admitting facts or pleading guilty to a lesser charge) in exchange for a more favourable outcome.

In Hong Kong, plea bargaining can take different forms, depending on the seriousness of the case and the circumstances.

❓ What are the common types of plea bargaining?

• Bargain for a lesser charge
• Example: A charge of reckless driving causing death may be reduced to a simpler charge of reckless driving.
• This significantly reduces the severity of punishment.
• Bargain for fewer charges
• Example: A defendant facing three charges may negotiate with the prosecution to plead guilty to one charge only, with the other charges dropped.
• “Offering No Evidence” (ONE) without conviction
• For minor offences with strong mitigating circumstances, the prosecution may agree not to proceed with the charge.
• The accused admits the facts in court but maintains a not guilty plea.
• This often applies to cases such as fighting in public or disorderly conduct.

❓ What does “Offering No Evidence” (ONE) mean?

“Offering No Evidence,” often abbreviated as ONE, is when the prosecution formally informs the court that it will not proceed with the case.

• The accused admits the facts of the incident but is not convicted of a criminal offence.
• This outcome is particularly beneficial in minor cases, as it avoids a criminal record.
• Example: Two individuals involved in a minor scuffle may have their case resolved through ONE rather than a conviction.

❓ Why consider plea bargaining?

• To reduce the seriousness of charges or the number of charges.
• To avoid a criminal conviction in minor cases.
• To save time, costs, and stress of a full trial.
• To achieve a more predictable outcome in sentencing.

✅ Key Takeaway

Plea bargaining in Hong Kong is a practical tool to achieve fairer outcomes for defendants, especially in cases where the evidence is strong but mitigating factors exist.

An experienced criminal defence lawyer can negotiate effectively with the prosecution to secure:

• Reduced charges,
• Fewer charges, or
• A resolution through “offering no evidence” (ONE).

👉 If you are facing criminal charges, professional legal advice is essential to explore whether plea bargaining is the right strategy for your case.