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Criminal records may include arrest, conviction, and possibly criminal proceedings. A police certificate is also known as good citizen certificate (in Hong Kong), good conduct certificate, police clearance certificate, national police history check (in Australia), certificate of good character/good character certificate (Caribbean), or judicial ...
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.
Individuals in Australia can obtain a national criminal history to check themselves, and certain organisations can apply for one on their behalf. A person may be required to undergo a criminal record check for a variety of reasons, including employment screening, volunteer work, preparing for a court appearance, visa applications, firearms licensing, or to satisfy a statutory requirement.
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]
Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." [ 1 ] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the ...
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.
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The Department of Correctional Services of Hong Kong is the main agency of the Hong Kong Government that carries out criminal sentences, as well as rehabilitating former prisoners. It implements a wide range of programs aimed at the correction and rehabilitation of various types of prisoners: repeat offenders, first-time convicts, teenagers and ...