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Criminal Procedure In Hong Kong
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. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong. Principle of presumption of innocence and its extended rights Apart from case law, Hong Kong also enacted a series of statutes to ensure the principle of presumption of innocence and its extended rights promptly implanted and recognised by the government and the society. Prosecution Right to institute criminal prosecution There is not a rule or law explicitly saying that the absolute right to institute a criminal prosecut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitrary Arrest And Detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be depri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either Way
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of First Instance (Hong Kong)
The Court of First Instance is the lower court of the High Court of Hong Kong, the upper court being the Court of Appeal. Formerly the High Court of Justice of the Supreme Court of Hong Kong, it was renamed the Court of First Instance by the Basic Law after the transfer of sovereignty over Hong Kong from the United Kingdom to China. The Court of First Instance is the highest court in Hong Kong that can hear cases at first instance with unlimited jurisdiction in both civil and criminal matters. It hears predominantly civil cases but only relatively few criminal cases were heard at first instance, mostly involving the most serious crimes such as homicide offences, rape, serious drugs offences and major commercial frauds. It is also an appellate court hearing appeals against decisions made by Masters as well as those of: *Magistrates' Courts * Small Claims Tribunal * Obscene Articles Tribunal *Labour Tribunal *Minor Employment Claims Adjudication Board It is the only court in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Court (Hong Kong)
The District Court is the intermediate court system in Hong Kong, having limited criminal law, criminal and civil law (common law), civil jurisdictions. The District Court was established in 1953 with the enactment of the District Court Ordinance. It is located in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road. In the past there were six district courts, namely Former French Mission Building, Victoria, Old South Kowloon District Court, Kowloon, :File:FanlingMagistratesCourtBuilding2.jpg, Fanling, :File:Tsuen Wan Magistracy.JPG, Tsuen Wan, :File:HK Tuen Mun Law Courts Tuen Hing Road.JPG, Tuen Mun and :File:HK Shatin Magistrates Courts View1.jpg, Sha Tin, before being amalgamated and moved to the same location Jurisdiction Civil jurisdiction The District Court has limited civil jurisdiction. For a contract, quasi-contract or tort claim to be handled by the District Court, it should be for an amount over HK$75,000 but not more than HK$3 million. If the claim is more ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either Way
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2020 Hong Kong National Security Law
The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed in 2020. It is implemented in Hong Kong in accordance to Hong Kong Basic Law Article 18, which allows for Chinese laws to be valid in Hong Kong if they are included in Annex III. It was formulated under the authorization of the National People's Congress decision on Hong Kong national security legislation. The law was passed on 30 June 2020 by the Standing Committee of the National People's Congress as a means of resolving the 2019–2020 Hong Kong protests, anti-extradition bill protests instigated by a 2019 Hong Kong extradition bill, Hong Kong local bill proposed in 2019 to enable Extradition law in China, extradition to other territories including the mainland, and came into force the same day. Among others, the national security law estab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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