Ability to stand trial

In Hong Kong, trial competence, also known as fitness to plead, is governed by section 75 of the Criminal Procedure Ordinance (Cap. 221). The provision outlines the criteria for assessing whether an accused is competent to understand the nature and purpose of the criminal proceedings against him and to instruct his legal representative effectively.

The determination of competence to stand trial in Hong Kong involves an assessment of the accused's mental capacity to participate in legal proceedings. To ensure that the accused receives a fair trial and is able to participate actively in the defense. If it is found that the defendant has received written or oral evidence from not less than two registered psychiatrists that the defendant is unfit to stand trial or is incompetent to stand trial, the proceedings may be stayed until he or she regains competence.

We can provide an evaluation to determine the defendant's competency to stand trial.