Crimes | 刑事罪行
1. 拾遺不報算犯法嗎？Does appropriating lost property count as theft?
根據《盜竊罪條例》第2條，如任何人不誠實地挪佔屬另一人的財產，意圖永久剝奪另一人的財產，即構成盜竊罪。
雖然有時候拾到的物品可能是別人遺棄不要的。但是這能否作為辯護理由要視乎物品本身的特徵和價值而定。為免被檢控，若撿至物品但無法判斷該物品的物權，應交給警方處理。
According to Section 2 of the Theft Ordinance, a person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
The fact that the relevant item might be unwanted is not necessarily a defence to evade criminal liability. The Court will take into account the characteristics and price of the item. To prevent being charged, report to the police if you are unable to identify the ownership of the item.
雖然有時候拾到的物品可能是別人遺棄不要的。但是這能否作為辯護理由要視乎物品本身的特徵和價值而定。為免被檢控，若撿至物品但無法判斷該物品的物權，應交給警方處理。
According to Section 2 of the Theft Ordinance, a person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
The fact that the relevant item might be unwanted is not necessarily a defence to evade criminal liability. The Court will take into account the characteristics and price of the item. To prevent being charged, report to the police if you are unable to identify the ownership of the item.
2. 我駕車回家途中被警方要求進行隨機抽樣呼氣測試。我可以拒絕嗎？ Can I refuse to take the screening breath test when requested by the police?
不可以。《道路交通條例》第39B條指出穿著制服的警務人員可要求任何正在道路上駕駛、企圖在道路上駕駛、或掌管道路上車輛的人士提供呼氣樣本，以作檢查呼氣測試。如果你沒有合理的辯解但又沒有提供呼氣樣本，即屬犯罪。
No. Section 39B of the Road Traffic Ordinance states that a police officer in uniform may require any person who is driving or attempting to drive to provide a specimen of breath for the screening breath test. You will break the law if you fail to provide reasonable excuse for your refusal.
No. Section 39B of the Road Traffic Ordinance states that a police officer in uniform may require any person who is driving or attempting to drive to provide a specimen of breath for the screening breath test. You will break the law if you fail to provide reasonable excuse for your refusal.
3. 我被懷疑干犯罪行，警方通知我到警署參與認人手續，我可否拒絕？Can I refuse to participate in the identification parade?
你有權拒絕參與認人手續，但是也有可能對你構成負面的影響。我們建議你做決定前諮詢律師意見。
Yes, you have the right to do so. However, this might also have adverse impact for you. You are advised to seek advice from a lawyer.
Yes, you have the right to do so. However, this might also have adverse impact for you. You are advised to seek advice from a lawyer.
4. 錄取口供時我該怎麼行使我保持緘默的權利？How can I exercise my right to silence when the police want to take my statement?
根據《香港人權法案條例》第8條，你有權保持緘默。有些人在這種情況下會感到困惑，我們建議你在律師陪同下進行會面。
According to section 8 of Hong Kong Bill of Rights Ordinance Right, you have the right to remain silent during the police interrogation. Some people will feel confused under such event and we advise you to have a lawyer present during the interview.
According to section 8 of Hong Kong Bill of Rights Ordinance Right, you have the right to remain silent during the police interrogation. Some people will feel confused under such event and we advise you to have a lawyer present during the interview.
5. 我被扣留在警署內想保釋外出。我該怎麼做？How can I apply for bail after being detained by the police?
你需要向警方申請保釋。如果被控的罪行不嚴重，而警方又沒有理由去繼續扣留你，一般都會批准你的申請。你可以現金或承諾遵守擔保條件保釋外出。警方會指示你何時要返回警署報到，或到法庭應訊。
如果警方不批准保釋，他便有責任盡快帶你前往裁判法院提訊。你可在裁判法院首次聆訊時申請保釋。如裁判官仍拒絕，你可向高等法院原訟庭法官申請。除非案情嚴重，有缺席擔保的前科，或其他負面因素，法庭通常會批准保釋。
You may make an application for bail to the police. In general, the police will grant bail unless the alleged charge is serious or the police have good reason to continue detain you. Bail will usually be granted subject to a cash deposit or conditions of recognizance. The police will give instructions to you when you have to report to the police station or to appear in the court.
The police has a duty to bring you to the court as soon as possible if the police refuses to grant bail. You can apply to the Magistrate for bail at the first hearing. If the Magistrate refuses to grant bail, you can apply to the Court of First Instance for bail if the Magistrate refuses to grant the bail. Court bail will usually be granted unless the case is very serious, or if you have previous record of absconding from bail, or any other negative considerations.
如果警方不批准保釋，他便有責任盡快帶你前往裁判法院提訊。你可在裁判法院首次聆訊時申請保釋。如裁判官仍拒絕，你可向高等法院原訟庭法官申請。除非案情嚴重，有缺席擔保的前科，或其他負面因素，法庭通常會批准保釋。
You may make an application for bail to the police. In general, the police will grant bail unless the alleged charge is serious or the police have good reason to continue detain you. Bail will usually be granted subject to a cash deposit or conditions of recognizance. The police will give instructions to you when you have to report to the police station or to appear in the court.
The police has a duty to bring you to the court as soon as possible if the police refuses to grant bail. You can apply to the Magistrate for bail at the first hearing. If the Magistrate refuses to grant bail, you can apply to the Court of First Instance for bail if the Magistrate refuses to grant the bail. Court bail will usually be granted unless the case is very serious, or if you have previous record of absconding from bail, or any other negative considerations.
6. 我被警方懷疑干犯罪行，要定期到警署報到。報到時我會面對什麼情況? I am a suspect of a case and have to report to the police station after being granted bail. What will happen when I report?
當你保釋後到警署報到的時候可能會有三種情況：無條件釋放、繼續保釋或遭受起訴。若警方提出起訴，我們強烈建議你尋求律師陪同。
There are three possible circumstances when you report to the police station. You may be released unconditionally; the bail may be extended; or be charged. In the third circumstance, we strongly advise you to be accompanied by your lawyer.
There are three possible circumstances when you report to the police station. You may be released unconditionally; the bail may be extended; or be charged. In the third circumstance, we strongly advise you to be accompanied by your lawyer.
7. 如果我不遵守保釋條件，會有什麼後果？What is the consequence if I fail to comply with the conditions of bail?
如你不遵守保釋條件，警方和法庭可能會扣留你，並可能沒收擔保金及檢控你違反擔保條件。你若覺得有必要更改保釋條件，請事先諮詢你的律師以避免干犯其他罪行。
The police and court may detain you, and your cash deposit may be confiscated and charge you for violating bail conditions. If you consider necessary to vary the bail conditions, please seek advice from your lawyer beforehand to prevent violating other offences.
The police and court may detain you, and your cash deposit may be confiscated and charge you for violating bail conditions. If you consider necessary to vary the bail conditions, please seek advice from your lawyer beforehand to prevent violating other offences.
8. 我被律政司檢控，可否去信要求律政司撤銷指控？Can I apply to the Department of Justice to dismiss my charge?
可以嘗試。通常在較為輕微的案件，律政司可能會同意以不提證供起訴你。但你需要在法庭上簽保守行為及同意案情。我們強烈建議你諮詢律師意見。
Yes, you may try to apply. The Department of Justice may agree to offer no evidence against you if the case is trivial. However, you have to sign the binding over order at the court and agree to the facts of the case. We strongly advise you to seek legal advice.
Yes, you may try to apply. The Department of Justice may agree to offer no evidence against you if the case is trivial. However, you have to sign the binding over order at the court and agree to the facts of the case. We strongly advise you to seek legal advice.
9. 我是罪案受害人，想報警求助，有什麼要準備？What do I have to prepare if I want to report to the police as a victim?
若案件沒有迫切性的話而案情複雜，我們建議你尋求律師的幫助，讓律師幫你準備需要的資料以讓警方能更準確迅速地了解事情的前因後果。
If the case is not urgent and complicated in law, you are advised to seek legal advice. Lawyers can help you prepare the necessary documents and information, so that the police may understand the case more efficiently and accurately.
If the case is not urgent and complicated in law, you are advised to seek legal advice. Lawyers can help you prepare the necessary documents and information, so that the police may understand the case more efficiently and accurately.
10. 我已被警方起訴，但我沒有錢請律師，我可否尋求當值律師的協助? I have been charged by the police, can I apply for the Duty Lawyer Scheme if I cannot afford hiring a lawyer?
可以，當值律師計劃在所有裁判法院、少年法庭及死因研究庭為合資格的被告人提供執業律師出庭辯護。當值律師會協助你。詳請請瀏覽當值律師計劃網站www.dutylawyer.org.hk/。
如果你需要當值律師服務，可到應訊的裁判法院法庭聯絡處申請。該職員亦會主動聯絡被扣押的被告人，以便在其案件首度提堂時，安排律師出庭辯護。
Yes. You can seek assistance from the Duty Lawyer Service. The Duty Lawyer Scheme provides legal service by qualified lawyers to eligible defendants appearing in all Magistrates Courts, Juvenile Courts, and Coroners Courts. For details please visit www.dutylawyer.org.hk/.
If you need the service, you should go to the Court Liaison Office of the Magistrates’ Courts concerned. Besides, the Court Liaison Officer will take initiative to contact all defendants held in custody in order to arrange legal services for them on the day of their first court appearance.
如果你需要當值律師服務，可到應訊的裁判法院法庭聯絡處申請。該職員亦會主動聯絡被扣押的被告人，以便在其案件首度提堂時，安排律師出庭辯護。
Yes. You can seek assistance from the Duty Lawyer Service. The Duty Lawyer Scheme provides legal service by qualified lawyers to eligible defendants appearing in all Magistrates Courts, Juvenile Courts, and Coroners Courts. For details please visit www.dutylawyer.org.hk/.
If you need the service, you should go to the Court Liaison Office of the Magistrates’ Courts concerned. Besides, the Court Liaison Officer will take initiative to contact all defendants held in custody in order to arrange legal services for them on the day of their first court appearance.
11. 吳建華律師行有刑事經驗的律師嗎? Does Kevin Ng & Co., Solicitors have solicitors who are experienced in criminal cases?
本行吳建華律師，黃吳潔華律師，郭永隆律師皆有豐富刑事案件經驗。請致電852-2545-8181本行職員查詢。
Our solicitors Mr. Kevin Ng, Mrs. Wong Ng Kit Wah Cecilia, Mr. W.L. Kwok are experienced solicitors in criminal cases. Please contact our staff through telephone 852-2545-8181 for details.
Our solicitors Mr. Kevin Ng, Mrs. Wong Ng Kit Wah Cecilia, Mr. W.L. Kwok are experienced solicitors in criminal cases. Please contact our staff through telephone 852-2545-8181 for details.
