This book sets out the basic principles and practices of criminal procedure in Hong Kong, which is still to a large extent based on the laws of England and Wales. Criminal procedure in Hong Kong is best understood in the context of legal developments in England and Wales and other commonwealth jurisdictions, notably Canada and Australia. However, criminal procedure in Hong Kong is not simply a derivative of English law; political and legal changes effected by the handover of Hong Kong to the Peoples’ Republic of China in 1997, and the concomitant advent of law reforms initiated by the government of the Hong Kong Special Administrative Region are also fully reflected in this text. This book forms the first part of a series on criminal justice in Hong Kong – the other titles being on the law of evidence and criminal law (general principles and specific offences). The cross-references in the three volumes underscore the practical and theoretical interplay between the three subject areas, which will prove useful for academics, students, and practitioners alike.


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Part A: Selected General Principles of the Law of Criminal Procedure

Chapter 1 Introduction to Criminal Procedure

Chapter 2 The Prosecuting Authority of Hong Kong

Chapter 3 Criminal Courts and their Jurisdiction

Part B: Pre-trial Criminal Procedure

Chapter 4 Police Powers and the Investigation of Crime I – Arrest, Interrogation and Detention

Chapter 5 Police Powers and the Investigation of Crime II – Search and Seize

Chapter 6 The Independent Commission Against Corruption (ICAC)

Chapter 7 Compelling the Attendance of an Accused at Trial and Fair Trial Rights

Chapter 8 Bail

Chapter 9 Preparation for Trial and Discovery

Chapter 10 Commencement of Criminal Proceedings

Part C: The Criminal Trial

Chapter 11 Indictments and Charge Sheets

Chapter 12 Pleas and Plea Bargaining

Chapter 13 Verdicts, Judgments and Miscellaneous Matter to the Trial

Part D: Post-trial Criminal Procedure

Chapter 14 Sentencing

Chapter 15 Appeals and Reviews

Chapter 16 Mercy, Indemnity and Free Pardon

About the Author

Andra le Roux-Kemp is an Associate Professor at the Lincoln Law School, University of Lincoln (UK). Her scholarship centres on the situatedness of law and explores the theoretical and practical dynamics of legal change in its various spatial and temporal localities. She was awarded a Y-rating as a Promising Young Researcher by the National Research Foundation of South Africa in 2016, and is, at the time of this publication, finalising a transdisciplinary and mixed-method study on the recognition of remorse in law, as part of a research project funded by the Hong Kong Research Grants Council.