London Daily

Focus on the big picture.
Thursday, Dec 25, 2025

Hong Kong needs a compensation law for wrongful imprisonment

Hong Kong needs a compensation law for wrongful imprisonment

Hong Kong can look towards Britain and mainland China where there are specific legal frameworks for statutory compensation, enhancing criminal justice.

After China revised its Criminal Procedure Law in 2013, coerced confessions, even if true, are no longer admissible at trial. This followed the exclusionary rules adopted in 2010 by the Supreme People’s Court to guide courts and provide safeguards for suspects.

Wrong convictions are devastating for the individual and bring criminal justice into disrepute. Although this can happen in even the most careful of legal systems, its chances are minimised if high standards of proof are adopted, as in Hong Kong.

In mainland China, since the 2013 reforms, prosecutors must support each fact on which they rely with evidence, ensure evidence is legally admissible, and establish their case beyond a reasonable doubt. Serious attempts have also been made to review convictions based solely on confessional evidence. Shocking instances of wrongful conviction have been discovered, which the authorities have not sought to conceal.

Last August for example, Zhang Yuhuan, 53, who had served 27 years in prison in Jiangxi province for the murder of two boys in 1993, and who had always claimed the police forced him to confess, was freed because of deficiencies in the evidence against him. This was after prosecutors advised the court of inconsistencies in his “confession”.

Zhang Yuhuan tearfully hugs his son after being released from jail.


On October 20, the state awarded Zhang 4.9 million yuan (US$749,000) in compensation, the largest sum ever awarded to a victim of wrongful imprisonment. Zhang has said that “I can’t buy back 27 years of my youth” but the money should at least facilitate his reintegration into society.

Zhang was able to obtain compensation under China’s State Compensation Law, enacted in 1994 and updated in 2010.

The law highlights the “mental injury” arising from the infringement of the claimant’s rights, contains guidance on making a claim, and requires the authorities to “make an apology and pay appropriate consolation money if the infringement causes serious consequences”.

It is applicable where state organs or functionaries “infringe upon the legitimate rights and interests of the citizens [ …] thereby causing damage to them” (Article 2). Various types of misconduct are encompassed, including unlawful detention, loss of personal freedom, and deprivation of rights by unlawful means (Article 3).

On March 25 this year, the Supreme People’s Court issued a judicial interpretation, expanding on compensation rights. Mental anguish now attracts up to 50 per cent of the compensation for loss of liberty, from 35 per cent previously.

This ceiling can also be exceeded in “extremely serious” situations, such as wrongful detention of more than 10 years or where health suffered during incarceration.

The deputy director of the court’s compensation office, Wang Zhenyu, explained that the changes were designed not only to enhance people’s sense of justice when seeking compensation for mental anguish, but also to highlight respect of human rights.

Liu Zhonglin (middle) was awarded a record 1.9 million yuan for “mental harm” in 2019 by the Liaoyuan Intermediate People’s Court, after he was wrongfully convicted of murder and served 25 years in jail.


In Hong Kong, there is no specific compensation law nor general entitlement to recompense for wrongful conviction. It may be denied, for example, if the conviction was quashed on a technicality, or if the victim contributed to the misfortune, perhaps by withholding evidence.

The Bill of Rights Ordinance provides that if somebody’s conviction is quashed after new facts show “there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him” (Article 11).

However, no statutory framework has been created to give effect to this, as in mainland China, and out-of-court settlements are sometimes made.

The government may make an ex gratia payment, but only in exceptional circumstances. These might arise if a claimant has spent time in custody following a wrongful conviction or charge resulting from serious default by the police or other public authority, or where the custody was due to the wrongful act of a judge or magistrate, although this is normally dependent on the judiciary itself recommending it during the appeal process.

If a claim for compensation against the government cannot be satisfactorily resolved, it will need to be adjudicated upon by the courts, like any other civil claim.

A claim for compensation is made to the Department of Justice, with the solicitor general being solely responsible for the final decision. If necessary, outside legal advice is sought. If a claim is considered meritorious, the secretary for financial services and the Treasury decides the payout.

Although details of individual awards are not normally released, the Legislative Council was informed in 2003 that, over a 16-year period ending that year, there had been five cases of wrongful imprisonment, with two being settled out-of-court and three attracting ex gratia settlements.

These cases included the 110 Vietnamese refugee claimants wrongfully detained when they had no intention of staying in Hong Kong, and who received an out-of-court settlement of HK$9 million (US$1.2 million) in 1992.

Although wrongful conviction cases are, mercifully, quite rare, a statutory compensation scheme for victims, as in the mainland, has much to commend it.

In Britain, the Criminal Justice Act 1988 also provides those wrongfully convicted with detailed guidelines on the making of claims, criteria applicable to their determination, and assessment of quantum.

If a legislative scheme of that sort can be adopted in Hong Kong, it will greatly benefit potential claimants, and also enhance criminal justice, by stipulating objective criteria, providing clarity over arrangements often shrouded in secrecy, and placing the whole system in the public domain.

Newsletter

Related Articles

0:00
0:00
Close
UK Mortgage Rates Edge Lower as Bank of England Base Rate Cut Filters Through Lending Market
U.S. Supermarket Gives Customers Free Groceries for Christmas After Computer Glitch
Air India ‘Finds’ a Plane That Vanished 13 Years Ago
Caviar and Foie Gras? China Is Becoming a Luxury Food Powerhouse
Hong Kong Climbs to Second Globally in 2025 Tourism Rankings Behind Bangkok
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
×