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In Hong Kong, every criminal case begins at a magistrate's court, regardless of its severity and complexity. But, under the spirit of separation of powers, a magistrate , being part of the judicial branch, has no right to actively start a criminal prosecution and must wait for someone to bring up a complaint before him or her.
1933 – no more criminal appeals from Canada: British Coal Corporation v. the King [1935] A.C. 500 Upheld authority of Canadian Parliament to abolish appeals to the Privy Council in criminal cases. Attorney-General of Canada v. Attorney-General of Ontario (Labour Conventions) (Ontario, Canada) [1937] A.C. 326 Sifton v. Sifton [1938] A.C. 656
During a criminal proceeding, many steps and rules are involved. Each of the steps must be finished and followed in the correct order and the right time. First things first, in order for the Secretary for Justice to institute a criminal proceeding, the Secretary must first lawfully collect evidence and arrest the accused person. Then, the ...
USection 101 of the Criminal Procedure Ordinance (the CPO) (Cap. 221 of the Laws of Hong Kong) sets out the circumstances where a citizen has the power to make an arrest. The law granted members of the public to arrest any person whom they may reasonably suspect of an arrestable offence without a warrant. [1]
Criminal Procedure Act (with its variations) is a stock short title used for legislation relating to criminal procedure in Hong Kong, Malaysia, New Zealand, the Republic of Ireland, South Africa and the United Kingdom.
The Crimes Ordinance , last amended in 1972, is a law of Hong Kong relating to certain consolidated penal enactments. Like Macau , penal and criminal law in Hong Kong is different from what is applied in China.
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
These national laws apply in Hong Kong by the Hong Kong legislature legislating on the same matter: for example, the Law of the People's Republic of China on the National Flag, a Chinese statute, takes effect in Hong Kong in form of the National Flag and National Emblem Ordinance, a local statute enacted by the local legislature.