Introduction
Physical violence and the law about it in Hong Kong are split into two groups: fatal (meaning the violence results in death) and non-fatal (meaning the violence does not result in death). In Hong Kong, it is the police’s job to investigate violent criminal offences. Afterwards, the police then pass the case to the Department of Justice, who will take the case to court.
Fatal Physical Violence
Fatal physical violence is a physical violence that results in death and in Hong Kong, the crime is divided into two groups: murder and manslaughter.
Murder
Murder is the most serious crime a person can commit. Any person who uses violence and intends (wants) to kill someone or to cause them really serious harm will be guilty of murder if the victim dies because of the violence. Under section 2 of the Offences Against the Person Ordinance, anyone who commits murder can be sent to prison for the rest of their life.
Manslaughter
Manslaughter is similar to murder, but the main difference is the intention of the person. If A pushes B with a lot of force, and B falls down, hits the ground and dies, A may be guilty of murder or manslaughter. To be guilty of manslaughter, A must not intend (or want) to cause B’s death or to cause B really serious harm.
Non-fatal physical violence
Non-fatal physical violence is simply any violence that does not cause the death of another person. There are many non-fatal violent crimes.
Attempted murder
Attempted murder is simply when someone wants to kill another person, but they fail to kill the other person. For example: A puts poison in B’s drink but A fails to put enough poison so B does not die. A would be guilty of attempted murder because B did not die, but A wanted to kill B.
Common assault
Common assault, or simply “assault” is a crime under section 40 of the Offences Against the Person Ordinance. Assault is when a person intentionally (knowingly) or carelessly puts another person in immediate fear of force. The other person must feel that they are going to get hurt by the assaulter. Under the law, it is also possible to commit an assault without physically touching the other person.
An example of common assault is when someone picks up a bat during an argument. Carrying the bat itself is not a crime, but the other person in the argument might get scared that the person will use the bat to hurt them.
If a person is found guilty of assault, they can be sent to prison for 1 year.
Assault occasioning actual bodily harm (battery)
Battery is a crime when a person physically touches and harms someone else. The difference between battery and assault is that battery needs the person to physically touch the other person in some way without the other’s consent. Assault does not require physical touching.
Not all physical touching is battery under the law. For physical touch to be a crime, the other person must not consent to the touching, and the other person should be harmed.
Wounding – Offences Against the Person Act
Wounding is another crime that involves hurting another person by causing their skin to break and be injured. Wounding is causing really serious injury to another person, which causes the other person’s skin to break and “wound”. To be guilty of wounding, the offender must intend to (want to) hurt the victim, or be careless in hurting the victim. It is possible to wound someone without physically touching them, for example: setting a dog to bite or attack another person.
There are two types of wounding under the Offences Against the Person Act: section 17 offence of wounding with intent to do grievous bodily harm (really serious harm) and section 19 offence of wounding or inflicting grievous bodily harm.
Under section 17, any person who unlawfully and ‘maliciously’ (knowingly) causes really serious harm to another person is guilty of wounding.
Under section 19, any person who wounds or inflicts really serious harm to any other person, with or without a weapon is guilty of the crime of “wounding or inflicting grievous bodily harm”. The wounding or the harm must be illegal, so that means things like medical surgery is not a crime.
Criminal Intimidation (Threats)
Under section 24 of the Crimes Ordinance, if someone threatens to harm you, your reputation, or your property, or if they threaten to do something illegal to scare you, they are committing a crime. The punishment can be a fine of HK$2,000 and up to 2-5 years in prison. This also applies if the threat is meant to control or dominate you.
Breach of the Peace
Breach of the peace is a crime when someone takes an action that is considered to be disturbing the peace in a society, or is likely to disturb the peace in a society. The police have wide powers to arrest people they believe are breaching the peace, or are likely to breach the peace.
A breach of the peace happens when harm is done, or is likely to be done, to a person or their property while the offender is present. It can also happen when a person fears being harmed through an assault, a fight, an unlawful gathering or some other disturbance.
One example of a potential breach of the peace is when a money lender or debt collector goes to the borrower’s work address and starts to shout loudly. Even if the money lender’s words are not illegal, because they are shouting, it is possible that the money lender will breach the peace in the neighborhood.
Helpful Tips
- Remove yourself from unsafe situations. If you are victim of a crime or danger, remove yourself from that location as soon as possible and seek help. If the person who hurt you is your employer, make sure you get yourself to a safe location.
- If you are a victim to physical or sexual violence, go to a safe place and consider calling the police (999) or contacting an NGO to help you. The police or NGO might be able to help you find a temporary shelter. You can also call your Consulate for help.
- Once you are in a safe location, consider contacting an NGO or legal advisor to file a civil claim. A civil claim is different to a criminal claim. A civil claim means that you can sue the person who harmed you (the offender) and get compensation (money).
