❓ What does a defence lawyer do before trial?

The pre-trial stage is one of the most important phases of a criminal case in Hong Kong. A skilled criminal defence lawyer will:

• Take detailed instructions from the client about the case.
• Evaluate all evidence (oral, written, physical, or digital).
• Conduct independent investigations, including visiting the crime scene.
• Interview key witnesses to support the defence case.
• Carry out legal research and study relevant case law.
• Assess the strengths and weaknesses of the defence case.
• Advise whether to plead guilty or not guilty.
• Consider whether to instruct a barrister or Senior Counsel for court advocacy.
• Write to the police or prosecution regarding evidence or representations.
• Where appropriate, engage in plea bargaining or settlement negotiations to achieve a more favourable outcome before trial.

❓ Is it possible for a criminal case not to go to trial?

Yes. In some cases, defence lawyers may successfully negotiate with the prosecution or police to resolve the matter before trial.

This may involve:

• Plea bargaining – negotiating for reduced charges.
• Offering No Evidence (ONE) – persuading the prosecution not to proceed with the case.

Such outcomes can avoid a criminal conviction or secure a lighter result for the accused.

❓ What is a criminal defence?

A criminal defence is the legal strategy used to challenge the prosecution’s case. Common defence strategies include:

• Insufficient evidence – e.g., lack of proof of dishonesty in a theft case.
• Failure to prove beyond reasonable doubt – the prosecution’s main witness may not be credible.
• Points of law – e.g., the defendant’s act does not legally amount to assault.

In short, a criminal defence is the legal theory and factual narrative built around weaknesses in the prosecution’s case.

❓ How does the burden of proof work in criminal trials?

• The burden of proof is on the prosecution, not the accused.
• The prosecution must prove all elements of the offence beyond reasonable doubt.
• If they fail, the defendant must be acquitted, even if they remain silent.
• Defence lawyers actively test and challenge the prosecution’s evidence to create doubt.

❓ How can I defend my case if charged with a crime in Hong Kong?

Here are the key steps:

1. Hire an experienced criminal defence lawyer familiar with Hong Kong’s laws and procedures.
2. Understand your charges by reviewing statutes and past cases with your lawyer.
3. Collect and review evidence – including police reports, witness statements, and physical items.
4. Develop a clear defence strategy – a narrative supported by evidence and law.
5. Attend all hearings and work closely with your lawyer to respond to the prosecution.
6. Rely on the prosecution’s burden of proof – your lawyer’s role is to challenge and expose weaknesses in their case.

✅ Key Takeaway

Winning a criminal case in Hong Kong starts with strong pre-trial preparation. From gathering evidence to building a defence strategy, your lawyer’s role at this stage is critical.

The best way to protect your rights and achieve a favourable outcome is to work with an experienced criminal defence lawyer who can investigate thoroughly, argue effectively, and guide you through every step of the process.