HK criminal record = UK criminal record?



ORIGINAL POST
Posted by mod_83 20 yrs ago
Hi,


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COMMENTS
mod_83 20 yrs ago
I've not broken the law but am an activist and peaceful direct action can sometimes land in you scrapes with the law - despite the fact one may be campaigning peacefully about democracy, human rights etc...


Anyways. So, if one applies for a job in the UK after my year in HK, and I'd been arrested in HK, which box do I tick when it asks whether I've a crinimal record?


Do I literally automatically gain a criminal record in my home country? UK?


Thanx...

T =o)

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Michigan J 20 yrs ago
Sorry, but you think you dont have a criminal record just because the employer may not find out about it? A criminal record is a criminal record - wherever it may be.

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mod_83 20 yrs ago
I love how things get twisted on here - I'm not trying to commit deception - I want to be honest, I just wanted to know if it would be applicable back home...


I think I have my answer, so cheers =o)

t

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associates 20 yrs ago
[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


HK and UK have their independent jurisdictions. The HK Government will not take the initiative to disclose the criminal record of a person in HK to the UK Authority unless and until there are some reasons for them to do so, e.g. to deport the person, or being requested by the UK Authority to provide such information.


As far as job opportunity is concerned, it depends how the job-seekers would respond to a UK employer in the question like “Please state if you have committed any criminal offence in or outside UK”.


Weir & Associates

Solicitors & Notaries

Tel : (852) 2526-1767

Fax : (852) 2868-3568

email : weirlaw@weirandassociates.com

www.weirandassociates.com/weirlaw

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mod_83 20 yrs ago
I guess not TC - I believe you'd have to be charged and found guilty to gain a criminal record. Am I right? Forgive my ignorance on legal matters, I haven't a clue...


Associates - your advice sounds realistic, thanks for your time =o)


T =o)

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Michigan J 20 yrs ago
No charge = no record (actually even if charged, no trial or plea etc = no record). Usually 'criminal records' refer only to indictable offences, which are at the relatively serious end of the spectrum (not sure of the defn under HK / UK law).


But I think in all honesty you would still have to say 'yes' to the plain old criminal record question if you DID have a record in any other country. As an employer, I would expect it.


Associates, just as a legal point, if the question only said 'criminal record' - I think a court would take that as referring to a record under any jurisdiction - it would have to be a fairly unusual case where you could validly argue that a criminal record outside the jurisdiction is not of interest to an employer - at least where the employer directly asked before an employment contract.

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Trademark Maven 20 yrs ago
Michigan J, unless you are Bill (Ï did not inhale) Clinton, who said that he did not violate any criminal laws of his country when he smoked pot in the UK.

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douglaskoh 20 yrs ago
Michigan J, I agree that as a legal point, if the question only said 'criminal record', it has to refer to all countries.

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zubylove7 14 yrs ago
Please am applying for a work visa in hong kong and I do have a criminal record in uk (am a uk citizen) would it affect me getting a work permit? Please can anyone help as it is a matter for to address. Thanks

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