Can people with criminal record become a lawyer in Hong Kong

2008-08-08 11:14 pm
Can people with criminal record become a lawyer in Hong Kong? If offense is a not a custodial sentence more than 3 month. I heard the record will be hidden in 3 years but do Law firms in Hong Kong ask to declare criminal records? and does it need to be declared after 3 years?

回答 (1)

2008-08-08 11:35 pm
✔ 最佳答案
According to the Sect. 2 of the Rehabilitation of Offenders Ordinance (Cap.297):
Where-

(a) an individual has been convicted in Hong Kong (before or after the commencement of this Ordinance) of an offence in respect of which he was not sentenced to imprisonment exceeding 3 months or to a fine exceeding $10000;

(b) he has not been convicted in Hong Kong on any earlier day of an offence; and

(c) a period of 3 years has elapsed without that individual being again convicted in Hong Kong of an offence,

then-

(i) no evidence shall be admissible in any proceedings which tends to show that that individual was so convicted in Hong Kong;

(ii) any question asked of that individual or any other person relating to, or any obligation imposed on that individual or any other person to disclose, that individual's previous convictions, offences, conduct or circumstances shall be treated as not referring to that conviction; and

(iii) that conviction, or any failure to disclose it shall not be a lawful or proper ground for dismissing or excluding that individual from any office, profession, occupation or employment or for prejudicing him in any way in that office, profession, occupation or employment.

However, this law does not apply to application to become a member of the Disciplined Service (ie. Police, Immigration, Correctional Service etc) or Law Enforcement Agency (ie. ICAC) or the Judiciary (ie. Judge, Barrister, Solicitor - since they are officially Officers of the Court).

To become a lawyer in Hong Kong you will have to be appointed by a High Court Judge, after having checks on your background to make sure you have no criminal record or have not been declared bankrupt before.

So, the answer to your question is No.
參考: Veni - Vidi - Vici

收錄日期: 2021-04-25 16:00:35
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20080808000051KK01691

檢視 Wayback Machine 備份