The Judiciary always aims to deal with criminal cases expeditiously and efficiently as far as practicable while ensuring that they are handled fairly and strictly in accordance with the law.

The department made the statement in response to media enquiries regarding time taken for processing criminal cases before the courts.

It said when a criminal charge is laid against a defendant, the case will first be brought up in a Magistrates' Court. In the majority of cases, at the first appearance, the prosecution will ask for no plea to be taken as both the prosecution and the defence are not yet ready for trial and need more time to prepare the case, such as conducting further investigations, gathering evidence or taking legal advice.

Those cases will be adjourned for further mention hearings until they are ready for a plea to be taken, and until the parties inform the court that it is ready to proceed to trial either in the Magistrates' Court, District Court or the Court of First Instance of the High Court.

The department said the actual time required for a criminal trial to take place from its first appearance at the Magistrates' Courts varies from case to case.

It depends mainly on the time required for both the prosecution and the defence to prepare for trial, taking into account all relevant factors such as the complexity of the case, the number of defendants involved, the number of factual or expert witnesses involved, and the time needed for processing any duty lawyer or legal aid application.

It is also affected by the anticipated length of the trial, the availability of counsel and the court's availability.

On rare occasions where a plea can be taken on the first appearance, the magistrate will ask for a plea from the defendant. If the defendant pleads guilty, the magistrate will sentence immediately or adjourn sentencing pending the obtaining of relevant reports. Where a crime is serious, the magistrate may commit him or her to a higher level of court for sentence.

In most cases when a case cannot be disposed of at the first appearance and is adjourned for further hearings, the magistrate will deal with bail strictly in accordance with the Criminal Procedure Ordinance.

The magistrate is required by law to grant bail to a defendant unless it appears to the magistrate that there are substantial grounds for believing that the defendant would fail to surrender to custody as the magistrate may appoint, or commit an offence while on bail, or interfere with a witness or pervert or obstruct the course of justice.

In deciding bail, the magistrate will consider the position and arguments of the prosecution and the defence, and all relevant materials placed before it by the parties.

Both the prosecution and the defendant can apply to the Court of First Instance of the High Court for review or variation if they are dissatisfied with the magistrate's decision on bail.

  
The Judiciary stressed that the rule of law is the cornerstone of Hong Kong.

“In upholding the rule of law in the administration of justice, the Hong Kong courts exercise judicial powers independently and strictly in accordance with law.

“In adjudicating cases, the courts always ensure that they are dealt with and disposed of fairly and justly, and that all the legitimate rights of all the parties before the courts are fully protected in accordance with law,” it added.