Pcll conversion notes hong kong criminal procedure notes. Criminal law in hong kong hong kong university press. Guidelines for making applications under the mutual legal assistance in criminal matters ordinance chapter 525, laws of hong kong guide to asset recovery in the hong kong special administrative region. The firm has been a finalist in the asian legal business awards for criminal law firm of the year for the last five consecutive years. Butterworths hong kong criminal law and procedure handbook second edition publication date june, 2019 authors. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so.
Criminal law uses a twostep process to augment learning, called the applied approach. Buy criminal law in hong kong in hong kong, hong kong. From criminal justice to constitutional issues, he brings in the latest updates and in depth. Amendment to annex ii to the basic law of the hong kong special administrative region of the peoples republic of china concerning the method for the formation of the legislative council of the hong kong special administrative region and its voting procedures recorded at the sixteenth session of the standing committee of the eleventh national. It also offers an introduction to some key areas of the hong kong legal system, including the judiciary, criminal law and legal assistance. The centre for international law research and policy, the european university institute department of law, peking university international law institute, and city.
Clic hong kong legal system criminal and civil law. Following the common law system introduced into hong kong when it became a crown colony, hong kong s criminal procedural law and the underlying principles are very similar to the one in the uk. Issue state the legal issue relevant to the problem. Understanding criminal justice in hong kong, 2nd edition offers a. However, becoming proficient in the law takes more.
The department of justice of the hksar government is responsible for the conduct of criminal prosecutions in hong kong. Hong kongs proposed extradition bill could extend beijing. Contrary to hong kong public policy or a rule of hong kong law which is mandatory see below, irrespective of the law otherwise governing the contract. The appeal system seeks to ensure that any failures or mistakes claimed to have been made in or in relation to a court hearing, or indeed during an investigation, can be corrected by way of appeal to a. This principle penetrates the whole system of hong. Research study on the agreement between hong kong and the. Spatial effect of the chinese criminal law 47 criminal jurisdiction of hong kong 52 characteristics of hong kong criminal law 52 territorial jurisdiction 52 extraterritorial jurisdiction 52 criminal jurisdiction controversies between the mainland and hong kong arising from the cheung tzekeung case 54 article 6 of the chinese criminal law 55. Introduction to crime, law and justice in hong kong by mark. Under chinese criminal law, beijing claims jurisdiction in cases of anyone who commits a crime in the people. The interaction between hong kong law and united states immigration law. After briefly discussing the reasons for and against the prohibition of insider dealing, this paper outlines the legislative history of the.
We have also been named as a finalist in dispute resolution boutique law firm of the year since 2017. However, domestic public policy plays only a minimal role, except where it has been codified in specific statutory provisions for example, contracts relating to certain gambling activities. Even nowadays, after the handover and years of development and modification, these laws are still very similar to those in the uk. In the discharge of that function the department enjoys an independence which is guaranteed by article 63 of the basic law. She previously worked in hong kong, is currently engaged in an empirical sociolegal study of crime and justice in china, and remains a visiting fellow of the centre for asian studies, the university of. Request pdf criminal justice in hong kong containing a wealth of archival material and statistical data on crime and criminal justice, criminal justice in.
Former hong kong chief executive donald tsang has charges of. Access study documents, get answers to your study questions, and connect with real tutors for law lw5606a. For example, the societies ordinance cap 151 deals with triads. Constitutional law, administrative law and criminal law are included here. Labor law and property law are also a part of the civil law and set forth the regulations when dealing with these types of litigations. Clic police and crime court procedure criminal cases.
Hkba observations on bill v6 hong kong bar association. Denise souza, andra le rouxkemp, victor lui, micky yip, peter yu and emily yu. A decision of the lands tribunal, unless on a point of law and leave to appeal has been granted. Hong kong elegislation hkel is the official database of hong kong legislation. These include criminal law and hong kong legal system, the latter now a compulsory subject for anyone planning to practice law in hong. The lifechanging potential of the proposed changes to foo have, naturally, caused more anxieties than evidencegathering and other. Tran a803bf hong kong legal system and legal english lecture 1 what law is about. Hong kong s authorised official law report with preferential citing in court coverage from 1905 cases selected on importance and relevance by our editorial team and indexed with catchwords for easier searching and browsing.
It provides free online access to current and past versions of consolidated legislation dating back to 30 june 1997 and pdf copies marked verified copy have official legal status. Information based on the departmental publication legal system in hong kong printed in 2008. Tran a803bf hong kong legal system and legal english. Many pieces of hong kongs legislation, such as the theft act and the theft ordinance cap 210, are duplications of english acts. Cooperation between hong kong and other places on juridical. Hong kongs laws to allow extraditions to mainland china. Already the chinese have indicated that they may not abide by. This was the first of two seminars analysing the main historical origins of international criminal law as a discipline of international law, the second taking place in new delhi on 2930 november 2014. The historical origins of international criminal law. The hkba observes that the concerns over the significant differences between the judicial and criminal justice systems practised in hong kong and the mainland in terms of protection of fundamental human rights have not been answered by the hksar government.
Criminal law conference 2019 department of justice. As if in other common law jurisdictions, hong kong follows the principle of presumption of innocence. Each stage of the criminal process is examined with reference to the relevant statutory provisions and case law, from initial investigative powers to indictment, trial and appeal. He is a member of the criminal law and procedure committee of the law society of hong kong, and has practised criminal litigation both in new zealand and in hong kong. Part one, criminal law the united states is a major destination for the people of hong kong. We have never overlooked this area of practice and have acted in all the courts of hong kong in such cases. Criminal law is one of the free open textbooks in business discipline. After briefly discussing the reasons for and against the prohibition of insider dealing. What does the extradition law mean for foreigners based in or traveling to hong kong. Established in 1975, our experienced partners have an extensive understanding of legal practice in hong kong, asia and internationally.
Criminal law and civil law 1 target behaviours criminal law is the law that pertains to certain kinds of wrongdoings or offences, e. Introduction to the hong kong basic law hong kong lawyer. The hong kong evidence law notes are formatted into a stepbystep guide, which you can use as a checklist in your exams to ensure that every element of the exam question is answered. The us consulate in hong kong issues around 69,000 nonimmigrant visas for temporary stays in. Drafting and making legislation in hong kong drafting legislation in hong kong a guide to styles and practices how legislation is made in hong kong a drafters view of the process. We conduct cases ourselves or with counsel in the magistrates courts and the district courts, and instruct counsel in higher courts. Feel free to use, adapt and modify the content to your own needs, and share the improved content with others because the book is offered under creative commons cc license. However, some criminal legislation is specific to hong kong. Criminal law in hong kong has been evolving relatively rapidly in the past few years.
Criminal law is one of the free open textbooks in business discipline for tertiary level. Chris is a reporter specialising in court and legal affairs in hong kong. This book offers the only comprehensive introduction to all the major parts of hong kongs criminal justice system. Managing the property and affairs of persons with mental incapacity dispute resolution.
Michael jackson is a lecturer in the department of law at the university of hong kong, where he has taught criminal law since 1984. First, after building a strong foundation from scratch, criminal law introduces you to crimes and defenses that have been broken down into separate components. Morley chow seto mcs is an awardwinning team of hong kong criminal defence lawyers with a toptier reputation. Criminal justice in hong kong request pdf researchgate. Morley chow seto is a hong kong criminal law firm committed to your defence. Cases can be conducted in either chinese or english. Hong kongs criminal justice system is large and complex enough to. As professor gittings points out in his book, which includes a chapter on what might happen after hong kongs 50year autonomy ends, readability was a key aim. Insider dealing law in hong kong cuhk faculty of law. Everything you need to know about hong kongs extradition law. Criminal procedure in hong kong is a comprehensive guide on the many and varied aspects of criminal procedure and the criminal justice system in hong kong. You should also answer the exam question using the ilac method, which will ensure your answer is comprehensive. The two ordinances, effective since 1997, aim at enabling hong kong and other places.
Criminal defence lawyers criminal attorney criminal. A number of principles of defence in criminal cases, which are in accordance with article 14 of the international covenant on civil and political rights which has been applied to hong kong by the hong kong bill of rights ordinance, have been incorporated in the criminal procedure ordinance, legal aid in criminal cases rules, or absorbed. The main difference between criminal and civil proceedings is that the former are instituted under the name of the hksar to suppress crimes and to punish criminals, while the latter are taken to protect and to recover properties or to enforce obligations. The purpose of criminal procedure in hong kong is to provide students and practitioners with a guide to the rules of criminal procedure in hong kong. City university of hong kong course syllabus offered by school of.
Latest news on the hong kong extradition bill crisis, hong kong extradition law and hong kong protests. Criminal law is the body of substantive law underlying the criminal justice system in hong kong. Due to the vast power that politicians and officials exert over the mainland legal system, businesses that want contracts in china to be respected typically include a provision that allows for any disputes to be resolved under hong kong law, thereby making hong kong a safe and stable haven for multinational corporations. After 1997, when hong kong ceases to be a british colony and reverts to chinese sovereignty, the existing institutions may be dramatically changed. When a person is charged with a crime, this involves an assertion or allegation that he or she has acted in a manner falling within the scope of one or more of the myriad offences recognized under hong kong law. Raj sethuraju, assistant professor, school of law enforcement and criminal justice, metropolitan state university, 9110 brooklyn boulevard, brooklyn park, mn 55445, usa. Not all persons suspected of criminal offences will. Morley chow seto criminal defence solicitors in hong kong.
Understanding death penalty support and opposition among. The general framework and the body of hong kongs criminal laws were in fact imported from the united kingdom when hong kong was first become a crown colony in 1842 under the treaty of nanking. The term criminal law generally refers to substantive criminal laws. Introduction to crime, law and justice in hong kong. What are the differences between criminal and civil litigation in hong kong. Our defence lawyers are available to you during every step of the process in the criminal justice system. Introduction 25 sources of hong kongs criminal law 26 foundations of hong kongs criminal justice system 34 classifying offences 47 hong kongs courts of criminal jurisdiction 50 criminal jurisdiction 56. Hong kongs proposed extradition bill could extend beijings. Criminal law in hong kong offers a clear and comprehensive account of the general principles of criminal law in hong kong and will be useful to students, practitioners, and all who are responsible for or interested in the administration and practice of the criminal justice system in hong kong. The hong kong criminal justice system is a fascinating but perhaps temporary structure. A stepbystep practical guide combining essential statutes, cases and case scenarios, this title is a handy volume for criminal practitioners to bring to court. Although hong kong became a region of peoples republic of china, which is a civil law system, after 1 july 1997, it has a. Acts done partly within and partly beyond the jurisdiction.
Introduction to the hong kong criminal justice system on jstor. Mar 02, 2014 the centre for international law research and policy, the european university institute department of law, peking university international law institute, and city university of hong kong sought to explore and crystallise a subdiscipline of history of international criminal law by bringing together leading experts from around the world for a. Although prohibited since the 1970s, insider dealing has only become a crime in hong kong since 2002. Hong kong extradition bill south china morning post. Trial on indictment is a two volume looseleaf set that seeks to provide clarity and certainty in facilitating access to the laws relating to procedure in hong kong, in relation to trial, or other disposal of indictable offences. Kevin steel is a criminal law specialist who has practiced criminal law, including fraud, financial crime and defence cases for individuals and corporations in hong kong for the last twenty eight years. Jun 11, 2019 what does the extradition law mean for foreigners based in or traveling to hong kong. We represent clients from the initial investigation stage often involving arrest, search and seizures through to bail, charge, plea, mitigation or trial, appeal. Criminal law in hong kong 3rd edition pdf publication date. Feel free to use, adapt and modify the content to your. Criminal procedure hong kong criminal litigation in hong kong, christopher knight and anthony upham hong kong contract law in hong kong cpaa hong kong well standard aia hong kong van gogh hong kong bitfinex hong kong coronavirus hong kong e hong kong guide hong kong weather hong kong toponymy footbridge hong kong 15 things not to do.
World factbook of criminal justice systems hong kong. Hong kongs authorised official law report with preferential citing in court coverage from 1905 cases selected on importance and relevance by our editorial team and indexed with catchwords for easier searching and browsing. Carol jones is professor of law at the university of glamorgan. The basic law of hong kong includes various legal areas, including civil rights and proceedings. Me9fzu20190606 a brief guide to issues arising from the. In addition, as is reflected in the title introduction to crime, law and justice in hong kong, many of the chapters in this book offer a valuable introduction to related legal subjects. Development of thirdparty funding in dispute resolution in major common law jurisdictions industry insights cases in brief professional moves practice skills.
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