Certificate of No Criminal Conviction -- Issued?

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  1. #1

    Certificate of No Criminal Conviction -- Issued?

    Say, hypothetically, for a conviction more than three years ago I had a bail of HK$1000, and after being convicted of the offence, I had to pay HK$9000, so I guess the bail went to that, and no jail.

    Since it's exactly HK$10,000, will I still get the certificate?


  2. #2

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    Unless I'm missing something obvious, no.


  3. #3
    a) an individual has been convicted in Hong Kong (before or after the commencement of this Ordinance) of an offence in respect of which he was not sentenced to imprisonment exceeding 3 months or to a fine exceeding $10000; (Amended 24 of 1993 s. 22)
    http://www.hklii.hk/eng/hk/legis/ord...2.html#offence

    Here, too:
    http://www.clic.org.hk/en/topics/pol...lties/q4.shtml

    However, it says "less than" on Wikipedia.

  4. #4

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    The fine would have to exceed $10,000. At exactly $10,000, it does not exceed $10,000. Of course, the conviction would still be shown on the certificate if it's for emigration purposes.


  5. #5

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    First off it depends what the OP is wanting the Cert for and if this is HK OP is referring to.

    HK issues this Cert only under these conditions:

    Notes to Local Applicants

    The issuance of Certificates of No Criminal Conviction is a charged service provided by the Hong Kong Police Force which is solely in connection with a person's application for a visa to visit or reside in another country, or for adoption of children. Applications for the Certificate for any other purposes will not be accepted.
    http://www.police.gov.hk/ppp_en/11_u..._no_crime.html

    And it gets worse if OP needs this for a visa because:
    7. If criminal conviction data is found, both the relevant Consulate / Immigration Authority / Government Authority and the applicant will be replied with a letter advising that the Certificate could not be issued and listing out the conviction data by registered post within the prescribed period.
    If this is wanted for a job some jobs have rules requiring disclosure of ALL offenses and some will just check for sexual convictions here and some jobs and charges will allow for Spent Convictions but OP needs to be clear on all this first:

    You need to be clear on the purpose here and check the rules:

    http://www.clic.org.hk/en/topics/pol...lties/q4.shtml

    None of this is legal advice of course.

  6. #6
    Quote Originally Posted by Claire ex-ax:
    The fine would have to exceed $10,000. At exactly $10,000, it does not exceed $10,000. Of course, the conviction would still be shown on the certificate if it's for emigration purposes.
    Sounds good so far. What kind of details are provided?

  7. #7
    Quote Originally Posted by Football16:
    http://www.police.gov.hk/ppp_en/11_u..._no_crime.html

    And it gets worse if OP needs this for a visa because:
    7. If criminal conviction data is found, both the relevant Consulate / Immigration Authority / Government Authority and the applicant will be replied with a letter advising that the Certificate could not be issued and listing out the conviction data by registered post within the prescribed period.

    If this is wanted for a job some jobs have rules requiring disclosure of ALL offenses and some will just check for sexual convictions here and some jobs and charges will allow for Spent Convictions but OP needs to be clear on all this first:.
    It's for an employment pass in a nearby country, however that page (7.) doesn't mention "spent" records. So I think what it means if one is found, they'll notify the other country's immigration department, but with the "spent" factored in, it's still issued, just simply with a notation of the spent record.

    Am I missing something?