Trials FAQ

Trial is a very important stage in criminal defence. Our litigation lawyers perform the following role at this pre-court stage:

• take instructions from lients on facts of the legal matter
• evaluate the evidence: oral, written and real evidence
• carry searches, inquiries and investigation including visiting the crime scenes
• interviewing key witnesses
• conduct legal research on law points
• finding out decided legal cases in support or going against the litigant's legal case
• determine the strength and weakness of the defence case and if enough evidence exists to plead not guilty in court
• give advice whether a guilty plea be made
• consider instructing counsels including whether senior counsel be engaged
• taking witness statements, gathering documents, interviewing the client and investigating the facts leading to the criminal charge
• write to the police or the applicable law enforcement agencies. 
• At times, our litigation lawyers may engage in "settlement negotiation" with the prosecution or police to resolve the matter before a court appearance. This is called "plea bargain" so as to avoid a criminal conviction or to work for a better result.

Yes.

At times, our litigation lawyers may engage in "settlement negotiation" with the prosecution or police to resolve the matter. 

This is called "plea bargain" so as to avoid a criminal conviction or to work for a better result.

In Hong Kong, there are thousands of pages of statutes codified as criminal codes. Each of these laws covers a different form of criminal activity. From murder to minor property damage, there are too many  crime types to count. But they can be broadly categorised to "harm to person" like assault and indecent assault. The other main category is "harm to private property" such as theft and criminal damage. 

One important thing each of these offences has in common, however, is this: a defendant can beat a criminal charge at trial under the right circumstances either on proof of facts or legal point/argument.

A criminal defence is basically along the following lines:

• insufficient evidence e.g. lack of proof of dishonesty in theft case
• case not beyond reasonable doubt. Prosecution fails to prove the case according to the standard of proof e.g. incredible main witness
• point of law or legal argument such as what the defendant has done to the "victim" did not amount to an assault in legal term.

It is the "legal theory" a defendant and their defence lawyer build their case around. There are many potential defences depending on the charges you face; some could apply to any charge e.g. victim's mistake while others are specific to one criminal offence e.g. lack of dishonesty in theft offence.  

This is frequently used approach or theory in criminal defence.

A defence lawyer has the benefit that the "burden of proof" rests on the prosecution. An accused can always remain silent and found "not guilty" if the prosecution fails to discharge the burden up to that "standard". 

 The burden is not on the accused to prove or explain what happened. It is the prosecution that must demonstrate beyond a reasonable doubt the defendant is guilty by adducing all the elements of the crime accused and facts in support,  failing to do so results in an acquittal i.e. not guilty verdict.

A defence lawyer must take active steps to find faults on the prosecution's theory. The defence rests on the idea that the evidence offered by the proesecution is not enough to merit a conviction, regardless of what the defendant's testimony might be. If the prosecution fails to establish a "primie facie" case, the defendant even does not have to testify anything in court to rebut their case.

Defending an offense in Hong Kong courts can be a challenging and complex process. Here are some general steps to help you prepare a defense:

1. Hire an experienced criminal defense lawyer who understands the Hong Kong legal system and can provide you with the necessary guidance and expertise.

2. Study the relevant legal statutes and case law to understand the possible defenses you may have. Your lawyer can help you with this process, but it is important to be involved in the preparation of your defense as much as possible.

3. Collect and review all the evidence, including police reports, witness statements, and any physical evidence that may be available. Your lawyer can help you understand what evidence is relevant and useful to your defense.

4. Develop a clear and compelling narrative that explains your side of the story and highlights any mitigating factors that could help to reduce your sentence. This narrative should be supported by the evidence you have gathered.

5. Attend all court hearings and be prepared to answer questions from the judge and prosecutor. Your lawyer will also be present to represent you and advocate for your defense.

6. Keep in mind that the burden of proof is on the prosecution to prove beyond a reasonable doubt that you committed the offense. Your defense lawyer will work to challenge the prosecution's case and create doubt in the minds of the jury or judge.

Defending an offense in Hong Kong requires careful preparation, thorough investigation, and skilled advocacy. The best way to ensure a successful defense is to work with a competent legal professional who can guide you through the process and fight for your rights and interests.