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- INTRODUCTION
- Presumption of mens rea
- The Presumption of Innocence and the Burden of Proof
- The burden and standard of proof in a criminal trial
- Exceptions: reversing the burden of proof
- The evidential burden
- Categories of Offence
- Coroners Court
The general structure and much of the content of Hong Kong’s present body of criminal law was imported into Hong Kong from England in 1843 in the Special Administrative Region’s (SAR) early days as an English colony.1 It has been added to and modified in the course of time, but still closely resembles English criminal law which continues to influen...
One particular rule relevant to criminal statutes is that whenever a section creating an offence is silent as to the need to prove criminal intent (mens rea), then such a need for mens rea should be presumed. This is discussed further below (see Chapter 4).
At the heart of Hong Kong’s criminal justice system is the presumption of innocence. This presumption dictates that in every criminal case, it is for the prosecution to prove an accused’s guilt, not for the accused to prove his or her innocence. If guilt is not proved to the requisite standard, then the accused is entitled to be acquitted — that is...
In accordance with the presumption of innocence, the general rule is that the prosecution bears the burden of proving the accused’s criminal liability or guilt ‘beyond reasonable doubt’. This means that the prosecution must prove all the elements of the offence(s) charged, including disproving credible defences, beyond reasonable doubt. This is cal...
As already mentioned, there are exceptions to the presumption of innocence, whereby the legal burden is placed on the defendant. Where this is so, the standard of proof is generally the civil standard: that is, proof on the balance of probabilities (i.e. the fact is ‘more likely than not’ to have existed).
Criminal lawyers also speak of the ‘evidential burden’. This refers to the need to produce evidence to properly raise an issue at trial. This burden can rest on either party, although it usually relates to matters of ‘defence’ raised by the accused. Suppose, for example, an accused pleads not guilty to a charge of battery on the grounds that he or ...
Offences may be classified according to the interests they seek to protect. Thus, Hong Kong’s criminal law contains offences against the person (ranging from the most serious crimes of violence, such as murder, through sexual offences, such as rape and indecent assault, down to relatively minor offences, such as common assault), offences against pr...
Questions of criminal liability may also arise in Coroners Courts. A coroner is empowered to investigate deaths occurring in Hong Kong (or outside Hong Kong if the body is found within Hong Kong) where the death has not been certified by a doctor as being solely due to natural causes. The decision on whether or not to hold an inquiry — an inquest —...
2023年2月17日 · Criminal law in Hong Kong is largely based on the UK law and it is different from the one applied in Mainland China. The relevant sources of law are essential and specific parts of the Basic Law of the Hong Kong SAR, namely the Crimes Ordinance (Cap 200), the Criminal Procedure Ordinance (Cap 221) and the Organized and Serious Crimes ...
香港法律制度的基本知識 » 刑事法及民事法. IV. 刑事法及民事法. 1. 香港之刑事訴訟與民事訴訟有何主要分別? 2. 誰人合資格擔任陪審員? 3. 陪審員之職責是甚麼？ ‹ 上一頁. 返回首頁. 下一頁 ›.
1. What are the differences between Criminal and Civil Litigation in Hong Kong? The main difference between criminal and civil proceedings is that the former are instituted under the name of the HKSAR to suppress crimes and to punish criminals, while the latter are taken to protect and to recover properties or to enforce obligations.
Criminal liability is generally made up of two elements: (1) the guilty act or omission known as the "actus reus", and (2) the prohibited state of mind or guilty mind known as the "mens rea". The mental element generally requires the proof of an intention on the part of the person who commits the criminal act .
Criminal Law in Hong Kong offers a clear and comprehensive account of the general principles of criminal law in Hong Kong and will be useful to students, practitioners, and all who are responsible for or interested in the administration and practice of the criminal justice system in Hong Kong.
criminal law 相關
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