practice areas / 04

Criminal Defence

An investigation or charge puts everything at stake. What is decided early shapes everything that follows.

the starting point

A call from the police. A request to attend an interview. A search, an arrest, a charge. Whatever the starting point, a criminal matter reaches into a person’s liberty, livelihood and reputation at once — and it moves on the authorities’ timetable, not the client’s.

KCL acts for individuals and businesses under investigation or facing prosecution in Hong Kong. The work is measured and discreet. The first task is rarely the trial — it is to understand the case being built, to protect the client’s position before decisions are made under pressure, and to make sure nothing is given away that cannot be taken back.

what kcl handles

The Matters KCL Takes On

KCL defends both general criminal matters and white-collar prosecutions. Its work runs from the most serious offences tried on indictment to commercial and regulatory cases built on documentary evidence.

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Customs and import-export offences

Customs prosecutions — smuggling, dutiable goods, and import-export offences — turn on documentation, valuation and the chain of handling. KCL defends in this area regularly, and prepares these matters with attention to the paper trail on which they are usually decided.

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Drug offences

Offences under the Dangerous Drugs Ordinance — including matters concerning storage, delivery and trafficking — carry severe penalties and often turn on questions of knowledge and possession. KCL defends across the range of these charges.

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Serious offences against the person

Allegations of money laundering, fraud and dishonesty arising in a commercial setting carry their own demands — documentary volume, parallel regulatory exposure, and reputational stakes. KCL acts for individuals and businesses in matters of this kind.

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Fraud, deception and dishonesty

Conspiracy to defraud, deception, handling and related dishonesty offences — frequently document-heavy and, in deception matters, factually intricate. KCL acts for individuals and businesses facing charges of this kind.

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Across every stage

KCL acts at each point a criminal matter passes through — advising clients approached by the police or a regulator and attending interviews under caution, applying for bail at the police station and in court, conducting the defence at trial across the Magistrates’ Courts, District Court and Court of First Instance, and advising on appeal where there are grounds.

KCL’s Approach

What happens first often matters most

A criminal case is not won or lost only at trial. By the time of trial, much has already been decided — what the client said in interview, what was disclosed, what was preserved, the terms of bail, the charges the prosecution chose to bring.

KCL’s work begins from that reality. The early priority is to understand the case the authorities are building, to advise the client on what is required of them and what is not, and to make decisions deliberately rather than under pressure. A measured response early often does more for the outcome than anything that follows.

The matter is conducted with discretion throughout. For many clients, the fact of an investigation is itself sensitive, and KCL handles it accordingly.

representative matters

Drawn From The Public Record

A fatal road traffic charge reduced to the lesser offence  ·  DCCC 972/2023 

representative matters

KCL acted for a professional driver charged with causing death by dangerous driving after a pedestrian was struck and killed. The defence had indicated from the outset a willingness to admit the lesser charge of careless driving; the prosecution declined, and the matter went to trial. Relying on an accident reconstruction and the question of what the driver could reasonably have seen, the Court was not satisfied that the driving fell far below the standard required for the more serious offence. The driver was acquitted of causing death by dangerous driving and convicted of careless driving — the offence he had been prepared to admit at the start.

A grievous bodily harm charge met with a non-custodial sentence  ·  DCCC 1045/2023

representative matters

KCL acted for a defendant of previous good character charged with inflicting grievous bodily harm. Following trial, and having regard to the defendant’s background and the circumstances of the incident, the Court took the unusual course of imposing a community service order rather than a custodial sentence.

common questions

What People Ask First

You are generally entitled to take legal advice before attending, and to have a solicitor present during an interview under caution. It is usually best to speak with a solicitor before agreeing to be interviewed, so that you understand what is being asked and what your position is.

Bail is the question of whether a person is released, and on what conditions, while a case is ongoing. It is decided by reference to factors such as the risk of failing to attend court and the nature of the charge. The terms of bail can have a significant practical effect, and they can be applied for and varied.

A charge begins a court process whose shape depends on the offence and the court. Early steps include understanding the prosecution case, the available defences, and decisions about plea — none of which should be made without advice. KCL can explain what applies to your matter.

Broadly, less serious offences are dealt with in the Magistrates’ Courts, while more serious ones are tried in the District Court or the Court of First Instance, sometimes before a jury. The level affects procedure, the potential penalty, and how a defence is prepared.

Generally, yes. A person facing a criminal matter is entitled to choose their own legal representation, including at a later stage of proceedings.

That is not a decision to make without advice. Whether to plead, and to what, has consequences that are not always obvious, and it should be decided only once the case against you, and the options open to you, are properly understood.

speak with kcl

If you are under investigation or facing a charge and want to understand where you stand.

KCL is available for a confidential initial discussion.

This page provides general information about criminal defence matters in Hong Kong. It is not legal advice, and it does not create a solicitor–client relationship. Criminal proceedings are time-sensitive and fact-specific. For advice on your own situation, speak with a qualified solicitor.