Urgent Legal Help

My 25-year-old niece was arrested yesterday for "soft theft" from a department store. Stolen items totaled $500+ in value. She has never had run-ins of any sort with the law prior to this. I am her only family in HK. Anger and hurt feelings aside, I need to focus on doing damage control on the legal front. I would really appreciate any advice offered, especially for the ff:


1) At the police station, she admitted to the theft and also signed the police report. But because she is not Chinese-literate, she wasn't 100% clear on what the police report said, and felt pushed to sign after the police quickly skimmed over the content of his report in broken English. How would this weigh in on the chances of reversing her admission?



2) The police station has ordered that she report to them one week later. What is this for, and what is the standard procedure from here on?


3) She is currently unemployed but worked in the finance field prior to being layed-off. Is it correct that most employers in the financial/accounting field as well as government departments screen prospective employees with criminal/background checks?


4) What is the likely penalty for first-time offenders such as herself? Is it limited to a fine or is criminal record inevitable? Are there less severe alternatives to having criminal record?



5) Where should I look to secure an appropriate lawyer for her? She is currently unemployed, so would it be advisable to have her look into the Legal Aid subsidy Scheme at the local Legal Department, or would their services be sub-par given that it is government subisidized?


Sorry for the mouthful. I am obviously in distress, so any guidance offered would be very much appreciated.

Sazzy, thank you very much for the info. I have tried calling up several lawyers but it seems most of them are interested in pleading not guilty because there is more money in it for them. I just don't know how wise it would be to plead not guilty when she has already signed admission of guilt at the police station. This is why I was hoping to get some non-pro advice on this forum, where answers are offered thru sheer kindness and not monetary incentive. Thanks again, and any other advice would still be very much appreciated

Hi Canaille. As a former detective in Hong Kong I think your immediate course of action should be to seek legal advice in the first instance. Speak to a lawyer as only a lawyer can advise you accurately.


Whilst its been a few years since I retired I doubt much will have changed since my day on the force. I hope I can be of some help.


Did your niece actually leave the shop or was she intercepted inside? This is actually an important point as a lawyer can argue she intended to pay for the item but was not given a chance to do so. If however she has passed the cashier and walked over the threshold she has some explaining to do.


I'm surprised your niece was not provided with an interpreter when she was interviewed. Moreover, is she certain she was given a verbal and written caution? Both at the time of arrest (verbal) and in writing when interviewed? This is basically being read her rights etc. If she has not been properly cautioned any lawyer worth their salt should gain leverage from this fact. If she has not been properly cautioned the police can be criticized for improper conduct and failing to follow procedure. That said, the Magistrate would most likely only ignore the contents of the statement/admission and base his ruling on the facts. i.e. if she walked out of the shop intending not to make payment etc.


It appears from your account she has been bailed and asked to report in a week. In normal circumstances, I ordinarily 'charged' a person as soon as I was satisfied there was sufficient evidence to do so. In your case this surprises me as shop theft is normally extremely easy to process and not that hard to prove. When your niece reports she should do so with a lawyer. They will best advise her of what action she then takes.


I expect when she next reports the police will formally charge her and change her bail conditions to report to the Magistrates court the following day. She will then do so where the charge will be read over to the court. She will be invited to enter into a plea (guilty or not guilty). Is she pleads not guilty or disputes the facts the court will enter a not guilty plea and a date for trial will be set. Again go with a lawyer. (My advice would be not to rely on the court appointed lawyers. No offense to any whom may be reading this.)


Unlike many parts of the world it is extremely difficult to for a HK employer to vet a candidate to ascertain if they have a previous conviction. That said, many do have 'sources'. Suffice to say, if asked your niece were convicted she would be committing an offense if she secures employed on the basis she claims no previous conviction.


As for sentencing, it’s hard to say. The Magistrate will consider many factors and may even ask for reports before passing sentence. If lucky (unlikely) she may be bound-over for a year. A first offender with clear record is likely to receive a fine. Worse case scenario could be a suspended sentence and fine or even a custodial sentence (Unlikely if a first offender.)


I genuinely hope the advice given above helps. I also hope my advice is accurate. If you only follow one piece of advise its this. GET A LAWYER, it may be her best option and a good lawyer will most certainly have a better chance of acting in her best interests.

I work in the legal field, and am writing to advise that:


1. Get a duty lawyer from the Court Liaison Office, or a barrister through any solicitors' firm.


2. Duty lawyer scheme is free of charge for first representation. Charges for private lawyers, as you know, depend.


3. Your niece still has the right to plead guilty or not guilty in the Court. The admission in her statement does not equal a guilty plea.


4. If the circumstantial evidence against her is strong, e.g. there are CCTVs in the department store or your niece was seen and caught by a security guard outside the store, the chance of conviction is very high.


5. She will be punished less if she pleads guilty at the first opportunity and with the help of an experienced laywer.


6. She will be very likely to get a small fine plus a criminal record.


A final note: Your niece has very strong mitigating factors. I urge you to get her legally represented. Let me know if I can help further.

Sounds like you don't have much on the facts, but the signing of the statement may be disputed, considering you niece is not chinese literate. The statement should have been in English. If she pleads not guilty, there is a chance that this statement will be thrown out and ruled inadmissible, simply because she didn't know what she was signing and felt under pressure. She would have to give evidence to this effect though.


However, other evidence, such as witnesses from the store may be enough to convict her.


The Duty Lawyer scheme is a bit of a gamble. You could be lucky and end up with an experienced advocate who knows what they are doing, or you could end up with someone who spends the majority of their time doing conveyancing paper work. If you want to guarantee the quallity of your legal representation, go private. Having said that though, regardless of who you have representing your niece, she is likely to get a fine if convicted. The criminal record is inevitable unless she gets bound over as 'seriously flawed' suggests, but as he pointed out, this is unllikely.


Private lawyers are not as expensive as you may think. Some solicitors are very experienced advocates, more than capable of conducting a trial in the magistracies or a plea in mitigation. If you have a solicitor advocate, you wouldn't need to hire a barrister, which could double the costs.

How will this affect chances of work visa extension and obtaining a job in the finance field?