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Hong Kong Criminal Law
The general framework and the body of Hong Kong’s 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. Even nowadays, after the handover and years of development and modification, these laws are still very similar to those in the UK. Just like in Britain, criminal laws in Hong Kong are entailed in different statutory law and common law. Although an individual can initiate a criminal prosecution, this is very rare due to many reasons: expensive costs involved in legal proceedings, lack of power and information to carry out formal investigation and collect evidence, exclusive right for the Secretary for Justice to get involved or even take over any private criminal prosecution, etc. Therefore, it is the Secretary for Justice who normally initiates a formal criminal prosecution. Before the Secretary initiates a prosecution, the Secretary must first determine (1) if there is enough evidence t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Colony
A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council. In some cases, this Council was split into two: an Executive Council and a Legislative Council, and was similar to the Privy Council that advises the Monarch. Members of Executive Councils were appointed by the Governors, and British citizens resident in Crown colonies either had no representation in local government, or limited representation. In several Crown colonies, this limited representation grew over time. As the House of Commons of the British Parliament has never included seats for any of the colonies, there was no direct representation in the sovereign government for British subjects or citizens residing in Crown colonies. The administration of Crown colonies changed over time and in the 1800s some became, with a loosening ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Nanking
The Treaty of Nanjing was the peace treaty which ended the First Opium War (1839–1842) between Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese later termed the Unequal Treaties. In the wake of China's military defeat, with British warships poised to attack Nanjing, British and Chinese officials negotiated on board HMS ''Cornwallis'' anchored in the Yangtze at the city. On 29 August, British representative Sir Henry Pottinger and Qing representatives Qiying, Yilibu, and Niu Jian signed the treaty, which consisted of thirteen articles. The treaty was ratified by the Daoguang Emperor on 27 October and Queen Victoria on 28 December. Ratification was exchanged in Hong Kong on 26 June 1843. The treaty required the Chinese to pay an indemnity, to cede the Island of Hong Kong to the British as a colony, to essentially end the Canton system that had limited trade to that port and allow trade at Five Treaty Ports. It was foll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secretary For Justice (Hong Kong)
The Secretary for Justice () is the head of the Department of Justice (Hong Kong), Hong Kong Department of Justice, the chief legal advisor to the Chief Executive of Hong Kong, and the chief law enforcement officer of the Government of Hong Kong. Before the Transfer of the sovereignty of Hong Kong, Transfer of the Sovereignty in 1997, the position was known as the Attorney-General of Hong Kong. The Secretary for Justice, nominated by the Central People's Government, Chinese government on the advice of the Chief Executive of Hong Kong, is an ''ex officio'' member of the Executive Council of Hong Kong. The Secretary takes office after appointment by the Central People's Government, Government of the People's Republic of China, which is responsible for Hong Kong's diplomacy, foreign affairs and Military, defence. The Secretary for Justice also belongs to the Policy Committee, which is chaired by the Chief Secretary, The Office of the Secretary for Justice was established by the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (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 prosecutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voir Dire
(; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...s. It originally referred to an oath taken by jurors to tell the truth ( la, verum dicere). This term is also used informally to describe the practice of jury selection in certain jurisdictions. Etymology According to the ''American Heritage Dictionary'', it comes from the Anglo-Norman language. The word (or ), in this combination, comes from Old French and derives from Latin , "[that which is] true". It is related to the French language, modern French word , which in a deprecated use can mean "indeed", but not to the more common word , "to see", which derives from Latin . William Blackst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Hong Kong
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong. Since the handover in 1997, the constitutional framework is provided by the Hong Kong Basic Law, which is a piece of National Law of the People's Republic of China and has, practically, constitutional status in Hong Kong. The principle of ‘one country, two systems’ was enshrined in Article 5 of the Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’. The Basic Law provides that the common law system shall be maintained. Some commentators described the theoretically hybrid system of civil law and common law as unique, although there are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime In Hong Kong
Crime in Hong Kong is generally low but is still present in various forms. The most common crimes are thefts, assaults, vandalism, burglaries, drug offenses, sex trafficking, and triad-related crimes. In 2015, Hong Kong had one of the lowest murder rates in the world, comparable to Japan but higher than Macao or Singapore. Statistics In the year 2015, crime dropped to a 36-year low for Hong Kong. There were 10,889 reported incidents of violent crimes in Hong Kong. Hong Kong had 22 homicides, 5,360 incidents of wounding and serious assaults, 223 robberies, 2,579 burglaries, and 70 rapes. In the 2000s, the number and rate of murders were the highest in 2002. 2011 had the lowest rate and number of murders, at 17 (0.2 murders per 100,000 people; lowest in the world). The homicide rate increased 129.6% in 2013 from 2012 though this was due to the inclusion of 39 deaths from the Lamma Island ferry collision. The most common forms of crime in Hong Kong are non-violent crimes. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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