Fitness to plead in Hong Kong

Fitness to plead (FTP) is a fundamental legal concept derived from old English common law. In England and Wales, FTP is determined on the basis of the Pritchard criteria: ability to plead; ability to understand evidence; ability to understand the court proceedings; ability to instruct a lawyer; and knowing that a juror can be challenged. At the high courts, juries are empanelled to ascertain fitness issues. Both in Hong Kong and the United Kingdom, the two main "agents" involved in the legal decision-making pertaining to FTP are the judges and the jurors. This chapter focuses on FTP in Hong Kong. It provides an overview of FTP as well as its applications in England and the United States. Fitness issues are mainly raised when there are indications that a defendant is suffering from a mental disorder. Issues concerning FTP can be raised by the prosecution, the defence, or the trial judge.