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False Statements/ Declarations

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Our lawyers have a proven track record of representing clients in a wide range of cases involving various government agencies, such as the police, the Independent Commission Against Corruption (ICAC), the Immigration Department, the Customs and Excise Department, the Inland Revenue Department, and the Housing Department. We are unwavering in our commitment to providing clients with pragmatic and feasible legal advice. Our primary focus is to protect their interests and ensure they can achieve the best results in the legal proceedings.

Our comprehensive range of services spans the entire legal process, encompassing everything from confessions and pre-trial investigations to court proceedings, ONE Bindover, a pre-trial review (PTR), trial, and appeal (Appeal). This breadth of expertise ensures that we can handle any legal situation our clients may face.

False Statements/ Declaration offenses include: 

  1. Cap. 200 Crimes Ordinance ─ Section 36 False statutory declarations and other false statements without oath

  2. Cap. 283 Housing Ordinance ─ Section 26 False statements

  3. Cap. 283 Housing Ordinance ─ Section 27 Refusal to furnish information

 

Common cases: 

  1. Omission or Misrepresentation in Well-off Tenant Policy (WTP) Declarations

  2. Failure to Declare Property Ownership When Green Form Applicants Purchasing Subsidized Housing

  3. Failure to declare any property purchase twithin one month of signing a provisional sale and purchase agreement

If I were invited to give a statement, what should I do?

It is recommended to first study the case with a lawyer, and then have the lawyer accompany you when giving the oral statement. Depending on the specifics of the case, you may also attach a written statement.

​Is there any chance of being criminally prosecuted without a criminal record?

Suppose the defendant has no criminal record and the crime committed is relatively minor (for example, fighting in a public place, common assault, theft, etc.). In that case, we can apply to the Department of Justice for an O.N.E. Bind Over. If it is successful, the defendant will not be formally convicted, offering a chance for a clean record. As long as the defendant does not commit any crime during the compliance period, there will be no criminal record.

Our services:

  1. Attending the police station, Independent Commission Against Corruption, Customs, Immigration Department, Inland Revenue Department, Housing Department or other law enforcement agencies to accompany clients to give statements and apply for bail

  2. Conducting case research and providing advice on criminal legislation and related procedures

  3. Appointing a barrister with relevant experience on behalf of the clients

  4. Advising and assisting in Plea Bargaining

  5. Obtaining case-related information from the police before trial

  6. Assisting in gathering evidence before trial

  7. Applying for blind overs on behalf of a client

  8. Applying for bail before trial or pending appeal

  9. Attending courts at all levels, from the Magistrates’ Court to the High Court

  10. Interceding and applying for commutation of sentence

  11. Appeals for clients in courts 

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