Criminal Records In Hong Kong

Hong Kong criminal records are maintained by the Hong Kong Police Force. Unlike any other countries, no employers, schools, health agencies are allowed access to criminal records in Hong Kong. Read on to know more about the criminal records of Hong Kong.

The Chief Executive of Hong Kong has the solitary power to forgive offences taken place in Hong Kong under section 12 of article 48 Basic Law of Hong Kong. To pardon people charged with criminal offences or alter their penalties, it is only the Chief Executive of the Hong Kong Special Administrative Region who can exercise these powers.

Regardless of time or gravity of the case, the Hong Kong criminal records are not purged. Though, under the Rehabilitation of Offenders Ordinance, a criminal record in Hong Kong is considered ‘obsolete’ if it was the first criminal offence with a sentenced of less than 3 months in jail or the culprit has a fine of less than $10,000. The criminal record is also seen as ‘spent’ if a time period of 3 years has gone since conviction and the person has no fresh charges registered against him.

The spent criminal records in Hong Kong are recorded as such with the exclusion of:

• Any person attempting to become licensed as a barrister, solicitor , accountant or insurance broker

• He is trying to become a trustee or controller for Mandatory Provident Fund or a bank controller, executive or employee

• Any judicial officer, members of disciplined services, probation officer, employees of Hong Kong Monetary Authority, Mandatory Provident Fund Schemes Authority, Office of the Commissioner of Insurance and Securities and Futures

• Government officials who are paid on any Directorate or Directorate Pay Scale and those above point 27 on the Master Pay Scale.

To complete the info on the criminal records in Hong Kong, it is important to mention here that all Hong Kong residents who want to adopt children or are traveling or migrating to another country can ask for a Certificate of No Criminal Conviction, which is a document that is issued directly to the Consulate and/or government agencies. It is however not given to the requester.