criminal law

10Oct2018

Legal update: When do judges refer matters to prosecuting authorities and regulatory bodies for consideration of criminal behaviour or regulatory misconduct?

Introduction When judges learn of a possible crime or professional misconduct during the trial of a matter, they sometimes refer the factual issues to the Secretary for Justice (“SJ”) and/or regulatory bodies for further investigation. In most cases judges do not specify whether they are…Read More

09Jun2017

Legal update: Can regulated ‘offenders’ treat a criminal conviction as a ‘spent conviction’?

Section 2 of the Rehabilitation of Offenders Ordinance Cap 297 (“ROO”) is a godsend for offenders convicted for the first time and sentenced to a fine of less than HK$10,000 or to imprisonment of 3 months or less. An offender is entitled to treat the…Read More

06Jun2017

Criminal lawyer Phil Swainston speaks at Hong Kong Criminal Law Conference 2017

Tanner De Witt’s Criminal Lawyer, Consultant Phil Swainston, was invited by The Law Society of Hong Kong to join a panel and share his views on Public Interest and Fair Trial Rights – Where Should the Balance Be Struck? at the 2017 Hong Kong Criminal…Read More