Criminal record in Hk

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  1. #21

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    Quote Originally Posted by shri:
    >> Jay may be right about countries like the USA looking at this type of
    >> crime very seriously

    I was under the impression (atleast pre-9/11) that you could only be deported for serious felonies. Shop lifting by itself a minor crime which a lot of celebrities are known to indulge in.
    US ICE (Immigrations and Customs Enforcement) considers shoplifting to be an aggravated felony:

    * In 2001, a federal appeals court agreed with DHS that due to a conviction for a misdemeanor shoplifting crime, Alexander Christopher met the legal definition of an aggravated felon. The court ruled that the fact that his sentence was suspended was "irrelevant" but noted that Congress, in expanding the reach of aggravated felony provisions of the law, was "breaking the time-honored line between felonies and misdemeanors."

    * In 1999, a federal court upheld an aggravated felony designation for Winston Graham for the misdemeanor crime of petty larceny. The panel of judges said its hands were tied under the federal statute, calling it a "carelessly-drafted piece of legislation."

  2. #22

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    getting into the us is tough... with so many applicant to choose from why bother.. But once you're in i think the deportation stuff isnt a real risk. Deporting people is a hassle, and even if u manage to do it many people ignore the deportation order anyway.

    That being said we got enough problems in the US without foreigners coming here and robbing some local businessman trying to make a buck.

    I know for one i would never go to a foreign country and start ripping off the locals.. takes some fucking balls. Maybe the US is a little too nice to these guys.

    Last edited by beeph; 04-12-2008 at 08:16 AM.

  3. #23

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    Quote Originally Posted by beeph:
    getting into the us is tough... with so many applicant to choose from why bother.. But once you're in i think the deportation stuff isnt a real risk. Deporting people is a hassle, and even if u manage to do it many people ignore the deportation order anyway.

    That being said we got enough problems in the US without foreigners coming here and robbing some local businessman trying to make a buck.

    I know for one i would never go to a foreign country and start ripping off the locals.. takes some fucking balls. Maybe the US is a little too nice to these guys.
    The US deports thousands of people a month and even uses its own planes to send people back to the Caribbean. Haitians tend to make a big fuss, so they get on a plane thinking they're going to a new federal institution and then find themselves in Port-au-Prince.
    Last edited by jayinhongkong; 04-12-2008 at 09:05 AM.

  4. #24

    I was curious to know how this case was resolved. Was the extension of stay granted eventually?


  5. #25

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    How long does the shoplifting offense stay on the record in Hong Kong?


  6. #26

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    CLIC - Police and Crime: Criminal liability and types of penalties - Under what circumstances could the criminal record be deleted?

    Once a person has been convicted of a criminal offence, the criminal record cannot be deleted from the police or court files (unless the offender successfully appealed against the conviction). However, under section 2 of the Rehabilitation of Offenders Ordinance (Cap. 297) , if a person who has not previously committed any offence before that person is convicted of an offence and is not sentenced to imprisonment exceeding three months or a fine exceeding $10,000, that person's conviction record will be considered as "spent" if he has not re-offended within a period of three years.

  7. #27

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    What does it mean by "spent"?


  8. #28

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    Quote Originally Posted by pucca:
    What does it mean by "spent"?
    Well in the UK it means you don't have to declare it when you apply for jobs unless the job has to do with children or a few other circumstances. No idea about immigration.

  9. #29

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    Quote Originally Posted by pucca:
    What does it mean by "spent"?
    Spent means it is gone with some exceptions of course as Hullexile notes.

    When we do criminal records checks we have to be very clear what position the job candidate is applying for as in HK when our staff see the record with the job applicant's permission we need to know first if the position is subject to spent convictions or not.

    A very good explanation here. The balance of the source Shri used :

    CLIC - Police and Crime: Criminal liability and types of penalties - Under what circumstances could the criminal record be deleted?

    Once a person has been convicted of a criminal offence, the criminal record cannot be deleted from the police or court files (unless the offender successfully appealed against the conviction). However, under section 2 of the Rehabilitation of Offenders Ordinance (Cap. 297) , if a person who has not previously committed any offence before that person is convicted of an offence and is not sentenced to imprisonment exceeding three months or a fine exceeding $10,000, that person's conviction record will be considered as "spent" if he has not re-offended within a period of three years.

    The effect of a spent conviction is that in general that person should be regarded as not having been convicted of the offence. Hence, if that person is asked by his potential employer or other person whether he has committed any offence before, he can simply say "No". He cannot be dismissed by his employer on the ground that he did not disclose his criminal record or on the ground that he has a conviction.

    However, this spent conviction scheme is subject to a number of exceptions. For example, it does not apply if that person wants to apply for some high ranking jobs in the Government or if he wants to become a lawyer, accountant, an insurance broker or the director of a licensed bank (see sections 3 and 4 of the Rehabilitation of Offenders Ordinance for further details of the exceptions). Moreover, if that person applies for a Certificate of No Criminal Conviction from the police for emigration purposes, the police will still disclose such criminal record in the Certificate with a note that the relevant conviction is regarded as spent under Hong Kong Law.