Criminal Proceedings in Hong Kong: How Can Individuals Avoid a Criminal Record for Minor Offenses Through a Bind Over?
For many individuals charged with minor offenses, a criminal conviction can often have far-reaching consequences for their education, career, and future prospects.In Hong Kong criminal proceedings, for certain cases involving minor offenses, attorneys can actively negotiate with the Department of Justice to secure a “Bind-over on No Evidence Offered” (ONE/BO) arrangement, thereby preventing the client from receiving a criminal record.
What is “No Evidence Offered/Bind-over” (ONE/BO)?
- Basic Definition: The prosecution does not present evidence at trial (“No Evidence Offered”), and the court subsequently dismisses the charges.
- Conditions: The client agrees to sign a bind-over in court, thereby committing to good behavior and refraining from committing further offenses for a specified period (typically 12 to 24 months), and to pay an appropriate bond (e.g., ranging from HK$1,000 to HK$2,000).
- Key Advantage: If the defendant does not violate the conditions of the bond during the bond period, the case is closed, and no criminal record is created.
What types of minor offenses does this apply to?
- Common Offenses: This is typically applicable to minor offenses, first-time offenses, or offenses committed on impulse, such as common assault, petty theft (shoplifting), disturbing public order, or certain minor cases of property damage.
- Assessment Criteria: When considering whether to agree to a ONE/BO, the Department of Justice and the prosecution will rigorously evaluate the following factors:
- Is the case of a minor nature and did it not involve serious violence?
- Does the defendant have a good background and prior record (being a first-time offender is crucial)?
- Is the individual willing to accept responsibility and sign a good behavior bond?
- Is the prosecution’s case sufficiently strong?
The Important Role of the Attorney in the Negotiation Process
- Early Intervention: Before the case goes to trial, a professional criminal defense attorney will review the prosecution’s evidence and proactively submit a letter of representations to the Department of Justice, outlining the minor nature of the case and the client’s favorable background.
- Securing the Best Outcome: Through thorough legal arguments and communication, we persuade the lead prosecutor and the Department of Justice to accept a ONE/BO arrangement, thereby avoiding a lengthy trial and sparing the client the anxiety of a conviction.
Contact Us
If you or a friend or family member is facing a minor criminal charge and would like to assess whether the case qualifies for the ONE/BO process, please feel free to contact our Hong Kong criminal defense solicitor team at YAN Lawyers.
- Firm Name: YAN Lawyers
- Phone: +852 31881995
- WeChat: +852 51039249, WhatsApp: +852 51039249
- Email: [email protected]
- Office Address: 301, 3/F, On Hong Commercial Building, 145 Hennessy Road, Wan Chai, Hong Kong
