Hong Kong Criminal Trial Procedure: My First Experience with a High-Profile Case

Author: Kelly Leung, Trainee Solicitor | Co-Author: Tajriyan Siddiqui, Marketing Assistant

From corporate law to criminal trials, read about my experience of the arraignment, jury empanelment, witness calling, and verdict day in a high-profile armed robbery case.

Introduction to the Hong Kong Criminal Trial Process

Being a trainee solicitor sees me mostly handling corporate and probate cases. Representing a client at a criminal trial over an armed robbery case however, was uncharted territory for me. It was my first real exposure to the full Hong Kong criminal trial procedure, from gathering evidence to observing courtroom steps unfold in real time. Before the trial, whether it was collecting evidence from the police station, exchanging admitted facts with the Prosecution Counsel or even the monthly legal visits at the prison, I could not have been more grateful to be involved in a criminal case like this which really showed me insights of how a high profile criminal case goes down and the usual procedures in court unfold.

Arraignment in Hong Kong Criminal Trials

It was finally the start of the trial, and prior to being involved in the case, I had no idea what an Arraignment was. For those who are as confused as I was - Arraignment is the first step in a formal court proceeding and is usually conducted in front of a judge or magistrate. The purpose of arraignment is to inform the defendant of the charges against them, their rights, including their right to an attorney, their right to remain silent, and their right to a fair trial, and to then allow them to enter a plea of guilty or not guilty.

In our case, our client decided to plead not guilty, hence the case then moved forward to trial. In the event the defendant pleads guilty however, the judge may proceed straight to sentencing.

Simply put, the arraignment process basically determines the direction of the case.

Jury Empanelment and Selection in Hong Kong

The next day was the day of Empanelment, also known as jury selection or voir dire, is a process of selecting a fair and impartial jury from a pool of potential jurors to serve in a trial. The process begins with potential jurors, who received a court summons, assembled in court where the judge asks them questions to determine their eligibility.

Counsel for both sides may then request the removal of certain jurors for cause, and each Counsel may also be allowed a limited number of peremptory challenges to remove potential jurors without a reason. Once the jury is selected, they will hear the evidence presented in court and make a decision based solely on the facts presented during examination and cross-examination.

In our situation, many of the chosen jurors were reluctant to the prospect of serving on a panel for 9 days straight as it meant putting aside personal matters and work to attend court every day. Some stated that their English skills were inadequate and that they were concerned that they would not grasp the case, while others informed the judge that they had elderly family members at home to care for.

The bar for evading jury duty is actually fairly high, as the judge required them to produce documentation in favor of their justification for being excused from jury duty, such as a high school diploma, a medical certificate, and so on.

Calling Witnesses in Hong Kong Criminal Trials

Calling witnesses provides critical evidence that aids in determining a defendant's guilt or innocence. When a criminal case gets to trial, both the prosecution and the defense can summon witnesses to testify in their favor.

Typically, witnesses are asked to provide firsthand accounts of events related to the crime. For example, if a witness saw the defendant at the site of the crime or overheard him confessing, their testimony might be used against him. Witnesses may be invited to comment on things such as forensic evidence or experts of lifting fingerprints, as was the case in this trial.

For prosecution witnesses, we had police officers, experts, and our client's former roommate. The former roommate was one of the criminals in this case who pleaded guilty at his trial a few months ago. However, with the promise of a reduced sentence, if he could name other parties involved, we (the Defense) had reason to believe that naming our client as the mastermind could perhaps be his golden ticket out.

Verdict Day and the Jury's Deliberations

After 10 long days of examination and cross-examination, it was finally the day of the verdict. The 9 jurors had to decide whether to convict or acquit our client. For a decision to be considered "made," a 7-2 vote ratio is required.

While the jurors deliberated in private, we legal representatives waited for the court clerk to call and advise us that a verdict had been reached. I'm not kidding when I say that every time the Counsel's phone rang, our hearts skipped a beat.

We waited patiently until the next day at 5 p.m., when the judge decided to summon everyone and ask the jurors if they could reach a judgment.

They could not.

No decision was made, since there was a hung jury at the conclusion of the case, and the judge ordered a retrial.

Closing Thoughts on the Standard of Proof

As I close, I think it’s important to mention the concept of “beyond reasonable doubt. ” The idea of a “beyond reasonable doubt" is meant to make sure that a defendant is not found guilty based solely on suspicion or conjecture, but rather on proof that is adequate to dispel any reasonable question regarding their guilt. There must be sufficient proof presented by the prosecution to convince the jury that the defendant committed the offense beyond a reasonable doubt. Therefore, it is crucial for jurors to understand that they must find the defendant not guilty if they have any reasonable doubts and that the standard is intentionally high.

As the case is currently still ongoing, I hope it gets resolved in the upcoming retrial.

How Ravenscroft and Schmierer Can Support You in Criminal Cases

Criminal investigations and trials require experienced legal guidance at every stage, from arrest and arraignment through evidence examination, witness handling and trial preparation. At Ravenscroft and Schmierer, our team provides clear, strategic advice to protect your rights and ensure you understand every step of the process.

Whether you or someone you represent is involved in a criminal investigation or facing trial, our team is ready to support you. Speak with our team through our Contact Page.

FAQ: Hong Kong Criminal Trial Procedure

What is arraignment in Hong Kong?

Arraignment is the first step in a criminal court process where the charges and rights are read to the defendant, who then enters a plea.

How are jurors selected in Hong Kong?

Jurors are chosen from a pool of summoned citizens, assessed for eligibility and may be challenged by both prosecution and defense.

Can someone avoid jury duty in Hong Kong?

Yes, but the threshold is high. Jurors need to provide valid documentation supporting their reason for exemption.

What role do witnesses play in criminal trials?

Witnesses provide firsthand accounts or expert evidence that helps the jury determine guilt or innocence.

What is a hung jury?

A hung jury occurs when jurors cannot reach the required majority decision, leading to a mistrial or retrial.

What does beyond reasonable doubt mean?

It is the high standard of proof required for conviction. If jurors have reasonable doubts, they must acquit.

Why is jury empanelment important in Hong Kong?

It ensures the selected jurors are fair, impartial and capable of understanding the trial proceedings.

Can a defendant be convicted without unanimous agreement?

Yes. In Hong Kong, a 7 to 2 majority is sufficient for a verdict in jury trials.

What happens after a hung jury?

The judge may order a retrial, which is what occurred in this case.

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Kelly Leung is a trainee solicitor at Ravenscroft & Schmierer. She completed a summer internship with the firm in 2021, and represented Ravenscroft & Schmierer as a Campus Ambassador at HKU (The University of Hong Kong) during the academic year 2021/22. She graduated with an LLB (Bachelor of Laws) from the University of Birmingham in the United Kingdom and a PCLL (Postgraduate Certificate in Laws) from HKU.

Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.

For specific advice about your situation, please contact:

Kelly Leung 

Associate Solicitor

+852 2388 3899

kleung@rs-lawyers.com.hk