Do you explain or do you keep quiet?  This is the primary question everyone who is subject to an investigation wants to know. The usual advice given is to remain silent because you are presumed to be innocent until found guilty by the Court. The burden is on the prosecution to prove the offence and hence the adage “silence is golden.” However, new legal developments dictate this may no longer hold true and, in some circumstances, there may not be a right to remain silent, such as investigations by the Securities and Futures Commission (“SFC”). 

It is important to seek proper legal advice promptly once you become aware of any criminal or regulatory investigation so that you understand your rights and any potential personal liability to formulate an effective defence strategy.  Our litigation team regularly advises both corporate and individual clients in investigations by various public authorities, including the Hong Kong Police Force, the Independent Commission Against Corruption (“ICAC”), the Customs and Excise Department and the SFC.  We have successfully defended clients on a variety of offences, some of which have attracted media attention. Our team is experienced in handling cases from arrest to trial at all levels of Hong Kong Courts and in assisting clients with mitigation and plea bargaining in Courts and other relevant regulatory authorities. 

We understand the pressure, stress and exposure that comes from being arrested and we are available for confidential consultations on an emergency basis.