Criminal justice represents more than just a collection of laws and departments, but the delivery of justice to those who have committed crimes.  The exact nature of justice is subject to considerable debate; while some view crime control, which stresses on the efficient processing of the accused, as the rightful goal of justice, some regard due process to be the ultimate aim of criminal justice, which focuses more on the protection of the rights of the individual and the limitation of state power.

 

The criminal justice system in Hong Kong is based on several fundamental assumptions about the role of law in society to safeguard the rights of the accused and respects the notion of the rule of law (Traver & Gaylord, 1994).

 

 

The criminal justice system is a complex social institution which involves a series of government agencies and departments to regulate potential, alleged and actual criminal activity within limits designed to protect people from wrongful treatment and wrongful conviction (Sanders, Young, & Burton, 2010).  The criminal justice system in Hong Kong entails, for instance, the Police Force who enforces the law, the Department of Justice, which is responsible for prosecution, local courts who try the accused, and the Correctional Services Department which hold and create rehabilitation opportunities for convicts.

 

ANTI - TERRORISM

Journals/other Articles

Responses to terrorism in China  - by Hualing Fu 

Global Anti-Terrorism Law and Policy (January 2012)

Security laws for Hong Kong - by Simon Young

Global Anti-Terrorism Law and Policy (January 2012)

The Swindle of Fragmented Criminalisation: Continuing Piecemeal Responses to International Terrorism and Al Qaeda - by James Fry

(2009) 43 New England Law Review 377-436 

Hong Kong's Anti-Terrorism Measures Under Fire - by Simon Young

(January 2003)

Terrorism as a Crime Against Humanity and Genocide: The Backdoor to Universal Jurisdiction - by James Fry
(2002) 7 UCLA Journal of International Law and Foreign Affairs 169-200

Government Submissions
 

Second Submission (January 2004) - by Simon Young

Administration's Response to First Submission (November 2003) - by Simon Young

Submissions on the United Nations (Anti-Terrorism Measures) (Amendment) Bill 2003 (October 2003- by Simon Young

(Submissions by other parties can be found on the Bill Committee's page on the LegCo website.)

In the Shadow of the Law, A Report by the International Civil Liberties Monitoring Group in response to Justice Canada's 1st annual report on the application of the Anti-Terrorism Act (Bill C-36) (May 2003)

Upcoming/Past Events

Conversation: Fu Hualing: Should the U.S. Cooperate with China on Terrorism? (26 September 2014)

Terrorism and the Global Rule of Law (18 February 2013)

Terrorism and the Global Rule of Law - by Valsamis Mitsilegas (12 February 2013)

 
 

FAIR TRIAL

 

INTERNATIONAL CRIMINAL JUSTICE

Journals/other Articles

Early Security Council Efforts at Nuclear Non-Proliferation Law and Policy: Cooperation Forgotten  - by James Fry

(2012) 21 Transnational Law & Contemporary Problems 337-358

Of Pinpricks and Cannon Shots: UN Arms Embargoes and Peacekeeping as Coercive Disarmament Measures - by James Fry

(2011) 17 U.C. Davis Journal of International Law & Policy 213-232

Gas Smells Awful: UN Forces, Rito-Control Agents and the Chemical Weapons Convention - by James Fry

(2010) 31 Michigan Journal of International Law 475-559

Sovereign Equality under the Chemical Weapons Convention: Doughnuts over Holes - by James Fry

(2010) 15 Journal of Conflict & Security Law 45-63 (Oxford University Press)

Dionysian Disarmament: Security Council WMD Disarmament and Arms Control Measures and their Legal Implications - by James Fry
(2008) 29 Michigan Journal of International Law 197-292

Arbitrating Arms Control Disputes - by James Fry

(2008) 44 Standford Journal of International Law

Coercion, Causation and the Fictional Elements of Indirect State Responsibility - by James Fry

(2007) 40 Vanderbilt Journal of Transnational Law 611-642

Contextualised Legal Reviews for the Methods and Means of Warfare: Cave Combat and International Humanitarian Law - by James Fry

(2006) 44 Columbia Journal of Transnational Law 453-519

The UN Security Council and the Law of Armed Conflict: Amity or Enmity? - by James Fry

(2006) 38 George Washington International Law Review 327-348

[Book Review] Introduction to the International Criminal Court by William Schabas - by Simon Young

(2003) 33 Hong Kong Law Journal 508-511

Terrorism as a Crime Against Humanity and Genocide: The Backdoor to Universal Jurisdiction - by James Fry

(2002) 7 UCLA Journal of International Law and Foreign Affairs 169-200

Obligations to Surrender Accused to the International Criminal Court: The case of the Hong Kong SAR as a Non-State Party 
- by Simon Young
 (2002)

Surrendering the Accused to the International Criminal Court - by Simon Young

(2000) 71 British Yearbook of International Law 317-356

Upcoming/Past Events


Rights Talk Series

International Criminal Law in Practice: The Challenges of Prosecuting and Defending Mass Atrocities
- by Andrew Cayley QC (12 October 2012)

 

POLICE POWERS

Journals/other Articles

Was it Lawful for the Police to use Teargas on Protestors in Hong Kong? 
- by Simon Young (29 September 2014)

News Commentary
 

[Video] Hong Kong Sex Workers fight Long Arm of the Law - Simon Young (August 2012)

Hong Kong Police Adopt Controversial Body Cameras (15 August 2012) - by Trinna Leong

Government Submissions

Submission to the Legislative Council's Security Panel on Police Undercover Operations for Vice Activities for Zi Teng, an organisation working to protect the rights of sex workers:

First Submission (April 2006) - by Simon Young

 

Administration's Response (September 2006) - by Simon Young

Second Submission (September 2006) - by Simon Young

Past/Upcoming Events

Police Complaints in Hong Kong: Where are We Heading? (27 May 2014)

Rights Talk Series

Seminar: Sex Offender Registries: The U.S., Europe & Interpol (20 January 2012)

Seminar: The Challenges of Modern Policing (24 April 2009)

 

PRIVACY

News Commentary

Hong Kong Police Adopt Controversial Body Cameras by Trinna Leong

 (15 August 2012) The Wall Street Journal

Upcoming/Past Events

Privacy Rights in the Digital Age: The Strange Case of Data Retention (23 March 2012) - by Fernando Rodriguez

[Joint Seminar] Privacy: The Changing Landscape (8 April 2009)

 

RESEARCH PROJECTS

Covert Surveillance in an Age of Privacy

This project examined covert surveillance regulatory systems in overseas jurisdictions from theoretical and practical perspectives with a view to assessing the existing regulatory model adopted in HK in 2006 following the enactment of the Interception and Covert Surveillance Ordinance (Cap. 589)

 

FACULTY EXPERTISE

 
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Johannes Chan

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Simon Young

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Michael Jackson

This project is supported by the HKU Knowledge Exchange Fund granted by the University Grants Committee.