Perverting the course of public justice is one of the most serious common law offences in Hong Kong. Although not codified in any statute, courts consistently treat it as a grave crime because it threatens the integrity of the justice system.
This guide explains what the offence means, how the courts apply it, important case law, and what individuals should avoid during investigations.
1. What Does “Perverting the Course of Justice” Mean?
In Hong Kong, perverting the course of public justice refers to intentional conduct that obstructs, prevents, defeats, or interferes with the administration of justice.
Common examples include:
- Destroying, hiding, or disposing of evidence
- Intimidating or influencing witnesses
- Providing false statements or misleading information to law enforcement
- Assisting a suspect to evade arrest or avoid investigation
Even a single impulsive act may constitute the offence if it is capable of interfering with justice.
2. Elements of the Offence (The Legal Test)
To secure a conviction, the prosecution must prove the following beyond reasonable doubt:
(1) An Act or Positive Conduct
The accused must have done something — or caused something to be done — that could interfere with justice.
(2) Natural Tendency to Pervert Justice
The act must have an inherent or natural tendency to obstruct or defeat the course of justice.
Actual obstruction does not need to occur.
(3) Intention
The accused must intend to pervert the course of justice.
Negligence or accident is not enough.
3. Key Hong Kong Case: HKSAR v Lee Ying-tung [2022] HKCFI 3033
This case illustrates how even a spontaneous act can amount to perverting the course of justice.
Facts:
Police arrested the defendant’s husband outside their home for cocaine-related offences. Hearing the commotion, she shouted a warning and threw a bag — later found to contain cocaine — out of the window to prevent officers from seizing it.
Court’s Findings:
- She did not know the exact quantity of drugs.
- Her act was a quick, emotional reaction rather than a planned attempt.
- Nevertheless, the conduct clearly had a natural tendency to obstruct justice.
Outcome:
She pleaded guilty. Taking into account her health issues, lack of criminal record, family situation, and that she had already spent time in custody, the court sentenced her to time served.
4. Sentencing Factors Considered by Hong Kong Courts
Courts adopt a case-by-case approach, considering:
Seriousness of the Underlying Offence
Acts related to grave offences (e.g., drug trafficking, violence, large-scale fraud) attract heavier penalties.
Whether the Conduct Was Persistent
A single impulsive moment may be treated differently from sustained, deliberate interference.
Degree of Actual Impact
If the conduct caused real delay, misled investigators, or resulted in loss of evidence, sentencing will be more severe.
Personal Mitigation
Age, health, family responsibilities, remorse, guilty plea, and lack of prior convictions.
Sentences range from suspended sentences to several years’ imprisonment, depending on these factors.
5. Why the Courts Treat This Offence So Seriously
Perverting the course of justice undermines:
- The rule of law
- Public confidence in the justice system
- The ability of courts to reach fair verdicts
Because the offence strikes at the core of justice, even seemingly minor interference is treated with great seriousness.
6. Practical Advice – How to Stay Out of Trouble
Kim, for public-facing guidance, here are the key messages readers must understand:
Do NOT interfere with evidence
Destroying, hiding, cleaning, or moving evidence can lead to immediate arrest.
Do NOT coach or influence witnesses
Telling someone what to say — even subtly — can amount to obstruction.
Stay silent if unsure
Silence is a legal right.
Lying, however, can create an additional criminal offence.
Seek legal advice immediately
Early legal assistance is critical when under investigation or when facing police enquiries.
Final Thoughts
Perverting the course of justice is a serious common law offence in Hong Kong. Even a moment of panic can lead to criminal charges carrying potentially severe consequences. Anyone involved in an investigation should avoid interfering in any way and seek legal advice promptly.
Disclaimer: This article is for general reference only. It does not constitute legal advice. For personalised assistance, Ask.Legal can connect you with qualified Hong Kong lawyers.
Contact: https://ask.legal/contact-us
