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Human Rights Abuses By Hong Kong Police
Human rights protection is enshrined in the Hong Kong Basic Law, Basic Law and its Bill of Rights Ordinance (Cap.383). By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. Any local legislation that is inconsistent with the Basic Law can be set aside by the courts. This does not apply to national legislation that applies to Hong Kong, such as the Hong Kong national security law, National Security Law, even if it is inconsistent with the Bills of Rights Ordinance, ICCPR, or the Basic Law. Hong Kong is generally perceived to enjoy a moderate level of civil liberties. Although the Government of Hong Kong, Hong Kong government claims that it respects the human rights of citizens, there are significant concerns surrounding human rights in practice, particularly in the political sphere and press. There are concerns over the freedoms to the people which is restricted by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victim to an unintended victim, the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bound Over
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances. In the United Kingdom In a 1988 article in the ''Cambridge Law Journal'', British legal commentator David Feldman describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the British criminal justice system, and explains the process as follows: The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs" and (2) the separate device of sureties of good behavior, which originated as a type of conditional pardon given by the king. The modern statutory authorizati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flag Of Hong Kong
The flag of Hong Kong, officially the regional flag of the Hong Kong Special Administrative Region of the People's Republic of China, depicts a white stylised five-petal Hong Kong orchid tree (''Bauhinia blakeana'') flower in the centre of a Chinese red field. Its original design was unveiled on 4 April 1990 at the Third Session of the Seventh National People's Congress. The current design was approved on 10 August 1996 at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region. The precise use of the flag is regulated by laws passed by the 58th executive meeting of the State Council held in Beijing. The design of the flag is enshrined in Hong Kong's Basic Law, the territory's constitutional document, and regulations regarding the use, prohibition of use, desecration, and manufacture of the flag are stated in the Regional Flag and Regional Emblem Ordinance. The flag of Hong Kong was officially adopted and hoisted on 1 July 1997, during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flag Of The People's Republic Of China
The National Flag of the People's Republic of China, also known as the Five-star Red Flag, is a Chinese red field with five golden stars charged at the canton. The design features one large star, with four smaller stars in an arc set off towards the fly. It has been the national flag of China since the foundation of the People's Republic of China on 1 October 1949. The red represents the Chinese Communist Revolution and the five stars and their relationships to each other represent the unity of the Chinese people under the leadership of the Chinese Communist Party (CCP). The flag was first hoisted by the People's Liberation Army (PLA) on a pole overlooking Beijing's Tiananmen Square on 1 October 1949, at a ceremony proclaiming the establishment of the People's Republic of China. History Early flags The previous flag of China was the " Yellow Dragon Flag" used by the Qing dynasty — the last imperial dynasty in China's history — from 1865 until the overthro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Life
The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as immoral; abortion, where some feel an unborn fetus is alive and should not be ended prematurely; euthanasia, where the decision to end one's life outside of natural means is seen as incorrect; and in killings by law enforcement, which is seen by some as an infringement of a person's right to live. Various individuals may disagree in which of these areas the principle of a right to life might apply. Abortion The term "right to life" is used in the abortion debate by those who wish to end the practice of abortion, or at least reduce the frequency of the practice,Solomon, Martha"The Rhetoric of Right to Life: Beyond the Court's Decision" Paper presented at the Southern Speech Communication Association (Atlanta, Georgia, April 4–7, 197 ... [...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 so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standing Committee Of The National People's Congress
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state power and the legislature of China. Although the parent NPC has superiority over the Standing Committee, and certain authorities are not delegated, the Standing Committee is generally viewed to have more power, albeit inferior to its parent, as the NPC convenes only once a year for two weeks, leaving its Standing Committee the only body that regularly drafts and approves decisions and laws. History In 1954, the 1st National People's Congress was held in Beijing, which became the statutory parliament of the People's Republic of China. The Standing Committee was established as its permanent body. The 1954 Constitution of the People's Republic of China stipulates that "the National People's Congress is the sole organ that exercises the legisl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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