LAW AIDER

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  • What is an “Offer No Evidence” (ONE) Bind-Over?

In Hong Kong criminal proceedings, the prosecution may sometimes decide to “Offer No Evidence” (ONE) against a defendant. This means they formally inform the court that they will not present any evidence to support the charges. This is not an acquittal but a discretionary decision by the prosecution, often based on public interest factors, the evidence’s weakness, or the defendant’s personal circumstances.

Key Implications:

  1. No Conviction Record: If the bind-over is accepted, the defendant will not receive a criminal conviction for the charge. This is a primary benefit.
  2. Bind-Over Terms: The court will order the defendant to enter into a recognizance (a binding promise) for a sum of money to be of good behaviour for a fixed period (typically 12 to 24 months).
  3. Consequence of Breach: If the defendant commits another offence during the bind-over period, they may be required to pay the sum of the recognizance and could face sentencing for the new offence.
  4. Not an Admission of Guilt: Agreeing to a bind-over is not an admission of guilt. It is a pragmatic decision to avoid the risk, cost, and stress of a full trial with the benefit of no conviction.

When is it Used?

This approach is common in minor offences, first-time offenders, or cases where:

  • The evidence is borderline.
  • The complainant does not wish to proceed.
  • A resolution is reached that serves the interests of justice

How to Apply?

A ONE Bind-Over application is applied via submitting a bind-over letter to the Department of Justice. Given the complexity of the legal processes and principles, engaging a lawyer is essential to draft a persuasive application.

Legal Advice is Crucial

Accepting a bind-over has legal consequences. You should always seek advice from your legal representative to understand the full implications and ensure it is the correct strategy for your case.

Disclaimer: This newsletter is for informational purposes only and does not constitute legal advice. You should consult a qualified legal professional for advice on your specific situation.