Skip to main content
Justenda.

Practice area

Criminal Lawyers in Hong Kong.

Find a criminal lawyer in Hong Kong for police interviews and trials in the Magistrates' Courts, District Court and High Court. Compare criminal defence firms.

0 firms on Justenda.

Key facts

Can I have a lawyer at the police station?
Yes. You can speak privately with a lawyer by phone, in writing or in person, and have a lawyer present during any police interview.
Where does a criminal case start?
In the Magistrates' Courts, where most cases finish. Serious indictable offences can be transferred to the District Court or the Court of First Instance.
Is Legal Aid available in the Magistrates' Courts?
Only for committal proceedings. For other Magistrates' Courts cases, representation comes from the Duty Lawyer Service, which applies its own merit and means tests.
Is there a jury in every criminal trial?
No. District Court judges sit alone without a jury. Trials in the Court of First Instance are normally heard by a judge with a jury of seven.

Find the right firm for your case in Hong Kong.

Describe your situation once. Justenda staff can share your inquiry with suitable firms after you confirm your email. No account needed.

When to call a criminal lawyer in Hong Kong

The earliest useful moment to call a criminal lawyer in Hong Kong is before a police interview starts. Anyone held by the police has the right to speak privately with a lawyer, by phone, in writing or in person, and to have a lawyer present during any police interview. You can also ask for the list of solicitors published by the Law Society of Hong Kong.

Foreign nationals have one more right worth using early. You can require the police to notify your consulate of the arrest, and receive consular visits or a lawyer the consulate arranges. If your visa or residence status could be affected by a charge, an immigration lawyer can check that alongside the defence.

Which court will hear the case

Every criminal case in Hong Kong starts in the Magistrates' Courts, and most finish there. A magistrate can normally impose up to two years' imprisonment and a HK$100,000 fine. If you plead guilty, sentence is usually passed the same day; if you plead not guilty, a trial date is fixed. Trials can run in Chinese or English.

More serious indictable offences are sent up on the prosecution's application. The District Court tries serious cases other than murder, manslaughter and rape, with a judge sitting alone and a maximum sentence of seven years. The Court of First Instance has unlimited criminal jurisdiction, and its trials are normally heard by a judge with a jury of seven. Large commercial fraud cases can also be sent there under the Complex Commercial Crimes Ordinance, and a company caught up in one often needs a corporate lawyer alongside its defence team.

Solicitor or barrister?

Hong Kong has a split legal profession. A solicitor is your first contact: they take instructions, deal with the police and prosecution, and prepare the case. Barristers are specialist advocates with the right to appear in every court. You usually cannot instruct a barrister directly, so your solicitor briefs one for you. Solicitors can appear in the higher courts only after passing a separate higher rights assessment.

When you compare firms, ask who will stand up in court, whether a barrister will be briefed and at what stage, and whether that fee sits inside the quote. A fixed fee is common for a guilty plea in the Magistrates' Courts. A contested trial is usually priced by time or by stage, because its length depends on the evidence.

Legal Aid and the Duty Lawyer Service

Legal Aid in criminal cases covers committal proceedings in the Magistrates' Courts, trials in the District Court and the Court of First Instance, and all criminal appeals. It is granted where that is desirable in the interests of justice, and applicants above the financial limit may still receive it with a contribution.

In the Magistrates' Courts, representation comes from the Duty Lawyer Service instead. It is run jointly by the Law Society and the Hong Kong Bar Association, covers nearly all offences, and applies merit and means tests plus a fixed handling charge that can be waived for genuine hardship. You apply at the Court Liaison Office of the court hearing your case; if you are in custody, the service contacts you.

If you are unhappy with a magistrate's decision, you have 14 days to apply for a review or to appeal to the Court of First Instance.

This page is general information, not legal advice. For a specific case, speak with a qualified criminal lawyer: the firms below list their languages and areas of focus, and you can browse other lawyers in Hong Kong.

Common questions

Frequently asked questions

What is the Duty Lawyer Service in Hong Kong?
The Duty Lawyer Service provides legal representation to people charged with nearly all offences in the Magistrates' Courts, including the Juvenile Courts. It is run jointly by the Law Society of Hong Kong and the Hong Kong Bar Association. Applicants must pass a merit test and a means test and pay a fixed handling charge, which can be waived for genuine hardship. You apply at the Court Liaison Office of the Magistrates' Court concerned, and the service contacts people in custody directly.
Can I get Legal Aid for a criminal case in Hong Kong?
Yes, for committal proceedings in the Magistrates' Courts, trials in the District Court and the Court of First Instance, and all criminal appeals. The Legal Aid Department provides a solicitor and, where necessary, a barrister. Legal Aid is granted where it is desirable in the interests of justice, and the Director may grant it to someone above the financial limit subject to a contribution. Other Magistrates' Courts cases are covered by the Duty Lawyer Service instead.
Do I need a solicitor or a barrister for a criminal trial in Hong Kong?
Usually a solicitor first. The solicitor takes your instructions and prepares the case, and can brief a barrister to argue it in court. Barristers can appear in every court, while solicitors need to pass a higher rights of audience assessment to appear in the Court of First Instance and above. Clients generally cannot instruct a barrister directly.
What happens if a foreigner is arrested in Hong Kong?
A foreign national has the same rights to a lawyer as anyone else in police custody, including a private consultation and a lawyer present at interview. They can also require the police to notify their consulate of the arrest, and receive visits from consular representatives or a lawyer the consulate arranges. Whether a charge affects a visa is a separate question for an immigration lawyer.
How do I appeal a magistrate's decision in Hong Kong?
Within 14 days of the determination, you can ask the magistrate to review the decision, or lodge a notice of appeal to the Court of First Instance with the First Clerk of the Magistrates' Court where the trial took place. If the magistrate dismisses a review, you have a further 14 days to appeal. Legal Aid is available for criminal appeals, subject to its tests.

Sources

  1. police.gov.hk/mip/doc/pol_153e.pdfPDF
  2. Court services facilitiesjudiciary.hk/en/court_services_facilities/mag.html
  3. Court services facilitiesjudiciary.hk/en/court_services_facilities/dc.html
  4. Guidejudiciary.hk
  5. Scopelad.gov.hk
  6. Advicegov.hk
  7. About barristers hong konghkba.org

Keep exploring

Related practice areas