Suchergebnisse

Criminal procedure in China had been governed by the 1979 Criminal Procedure Law (CPL 1979). This was amended in 1996 (the Amendment). The 1996 Amendment introduces an element of procedural justice into China's criminal justice system. There are high expectations that the Amendment will better protect the rights of a suspect. The substantial improvement in the law and the symbolic values embodied in it are expected to provide an opportunity for such an improvement. However, given the ingrained pattern of practice in China's criminal justice system, the practical impact of the Amendment in protecting the right to counsel will be limited. Efforts to amend the law will not give the rights real protection. Amending the CPL will not make the rights real unless they can be effectively enforced. While the Amendment may have laid a foundation for improvement, there is little likelihood that the legislation will bring about meaningful change in the practice of criminal defense in the near future. ; published_or_final_version

Modem states, democratic ones in particular, have grown to prefer the use of more subtle, or at least less visible, police surveillance to open confrontation in a courtroom, where the state itself may be scrutinised in public. Well-equipped national security agencies enable the state to respond to potential security threats before they mature. Hong Kong's political police unit, the Special Branch, was indispensable to Hong Kong's colonial political order. Although it was disbanded before the handover of Hong Kong to China in 1997, political policing and monitoring probably continue under the new legal order. This article examines the historical origin of political policing in Hong Kong, including the establishment of the Special Branch and its initial focus on communist activity in Hong Kong. It then traces the demise of the Special Branch prior to the handover, examines the role played by the Independent Commission Against Corruption, and explores the relevance of political policing to contemporary society. ; published_or_final_version

This paper considers the legality of the detention of Hong Kong businessmen in the mainland through an examination of the case of Lok Yuk-shing. It points out the ambiguous status of Hong Kong residents in China's criminal process and the disadvantageous position Hong Kong residents are in, relative to the position of foreign nationals and mainland residents. It argues that while stronger action by Hong Kong government and closer cooperation between Hong Kong and the mainland authorities in criminal matters may offer limited assistance to Hong Kong residents detained in the mainland the ultimate remedy lies in the further liberalization of China's legal system. ; published_or_final_version