Common Assault under Hong Kong Law

Legal basis

• Offences against the Person Ordinance (Cap. 212), section 40: Common Assault.

• Common assault is a summary offence (triable in the Magistrates’ Courts), but may be dealt with in higher courts depending on seriousness.

  
  

  What conduct amounts to “common assault”

• Actual bodily injury is not required; it suffices to intentionally or recklessly cause another person to fear the immediate application of unlawful force.

  
  

  Common scenarios:

  • Making aggressive movements or gestures that cause the other party to reasonably fear being struck immediately (e.g., raising a hand as if to hit, advancing while feinting a punch).

  • Unlawful touching/contact (e.g., pushing, slapping, grabbing) even without visible injury.

  • Words combined with actions can amount to assault; mere words alone are generally insufficient unless accompanied by conduct creating immediate fear.

• Physical contact is not necessary; creating a fear of immediate unlawful force is enough.

  
  

  Elements (ingredients of the offence)

• Act: Applying or threatening to apply unlawful force, or intentionally/recklessly causing another to fear immediate assault.

• Mental element: Intent or recklessness.

• Absence of lawful justification: For example, consent, self-defence, or lawful execution of duties must not apply for the offence to be made out.

  
  

  Common defences

• Self-defence: Must be to repel an imminent unlawful attack; the force used must be necessary and proportionate.

• Reasonable use of force: By law enforcement officers acting lawfully in the execution of their duties.

• Consent: Voluntary physical contact in certain contexts (e.g., sports) is not an assault.

• Lack of immediacy or reasonable fear: The complainant did not fear immediate violence, or the fear was not reasonable in the circumstances.

• Mistake/lack of intent or recklessness.

  
  

  Penalties (maximum)

• Up to 1 year’s imprisonment and/or a fine (in practice, outcomes often include fines, Community Service Orders, or probation, depending on facts and prior record).

• Sentencing factors:

  • Whether force was actually used and for how long

  • Presence and extent of injury; vulnerability of the victim

  • Premeditation; public setting/against public officers

  • Plea of guilty, remorse, prior record, reconciliation/compensation

    
    

  Distinctions from related offences

• Common assault vs. Assault occasioning actual bodily harm (AOABH, s.39): If “actual bodily harm” (e.g., bruises, cuts) is caused, the offence is more serious.

• Assaulting a police officer: Using or threatening force against law enforcement attracts heavier sentencing.

• Criminal intimidation: Causing someone to fear for their personal safety due to threats of violence (often not immediate; a different offence).

  
  

  Reporting and procedure (brief)

• Victims may report to the police and provide statements and evidence (medical reports, CCTV, witnesses).

• Police may arrest and charge; first appearance is in the Magistrates’ Court, followed by case progression depending on plea and evidence.

• Defendants have the right to legal representation; legal aid may be sought from the Legal Aid Department if needed.

  
  

  Practical tips

• If you are a victim: Seek medical attention promptly and retain medical proof; take photos; preserve communications and any footage; report early.

• If you are a suspect or may be investigated: Seek legal advice promptly to understand your rights on interviews, bail, and defences.

• Settlement or apology may influence sentence in minor cases but does not guarantee withdrawal of charges; obtain advice from a lawyer.

October 2025

Dr. Anthony Lai and Mr. Herbert Kwoon