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Author: Fang Xiang Publisher: Open Dissertation Press ISBN: 9781361097526 Category : Law Languages : en Pages : 188
Book Description
This dissertation, "Mutual Legal Assistance in Criminal Matters Between Hong Kong and the Mainland" by Fang, Xiang, 向芳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled Mutual Legal Assistance in Criminal Matters between Hong Kong and the Mainland Submitted by Xiang Fang for the degree of Master of Philosophy at The University of Hong Kong in August 2004 Mutual legal assistance in criminal matters between Hong Kong and Mainland China is problematic. To date, there is no formal agreement on criminal matters between the two jurisdictions. Legal assistance is rendered on the basis of individual cases according to the principle of reciprocity. The substantial differences in the political and legal systems of the two jurisdictions directly affect the negotiation progress and pose numerous theoretical and practical issues. These issues include the delimitation of criminal jurisdiction, the treatment of political offences and capital punishment, the applicability of the double criminality principle, the availability of a fair trial on the Mainland, etc. On a more general level, the resolution of these issues would have a significant impact on the preservation of the "one country two systems" policy and the rule of law in Hong Kong and the Mainland. Geographic adjacency between the two jurisdictions allows criminals to take advantage of the common border to avoid prosecution and conceal the evidence of and profit of their crimes. The rise in cross-border crime necessitates formal mutual legal assistance in criminal matters between Hong Kong and the Mainland. Judicial assistance is an essential part of the mechanism in combating cross-boundary crime. And compared with informal arrangements such as using abduction as an alternative mechanism for rendition, formal judicial assistance is a better way to protect individual rights during that process. This study focuses on the challenges of and difficulties in executing mutual legal assistance in criminal matters between Hong Kong and the Mainland. This paper discusses the current status in cross-border cooperation and draws references from international conventions and practice. This study argues that the mutual legal assistance between Hong Kong and the Mainland needs to be institutionalized. And political and legal differences notwithstanding, there are common grounds for the two parties to begin cooperating together on a more formalized and institutionalized manner according to mutually agreeable principles. An abstract of exactly 315 words DOI: 10.5353/th_b3370854 Subjects: Criminal justice, Administration of - China - Hong Kong Criminal justice, Administration of - China
Author: Fang Xiang Publisher: Open Dissertation Press ISBN: 9781361097526 Category : Law Languages : en Pages : 188
Book Description
This dissertation, "Mutual Legal Assistance in Criminal Matters Between Hong Kong and the Mainland" by Fang, Xiang, 向芳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled Mutual Legal Assistance in Criminal Matters between Hong Kong and the Mainland Submitted by Xiang Fang for the degree of Master of Philosophy at The University of Hong Kong in August 2004 Mutual legal assistance in criminal matters between Hong Kong and Mainland China is problematic. To date, there is no formal agreement on criminal matters between the two jurisdictions. Legal assistance is rendered on the basis of individual cases according to the principle of reciprocity. The substantial differences in the political and legal systems of the two jurisdictions directly affect the negotiation progress and pose numerous theoretical and practical issues. These issues include the delimitation of criminal jurisdiction, the treatment of political offences and capital punishment, the applicability of the double criminality principle, the availability of a fair trial on the Mainland, etc. On a more general level, the resolution of these issues would have a significant impact on the preservation of the "one country two systems" policy and the rule of law in Hong Kong and the Mainland. Geographic adjacency between the two jurisdictions allows criminals to take advantage of the common border to avoid prosecution and conceal the evidence of and profit of their crimes. The rise in cross-border crime necessitates formal mutual legal assistance in criminal matters between Hong Kong and the Mainland. Judicial assistance is an essential part of the mechanism in combating cross-boundary crime. And compared with informal arrangements such as using abduction as an alternative mechanism for rendition, formal judicial assistance is a better way to protect individual rights during that process. This study focuses on the challenges of and difficulties in executing mutual legal assistance in criminal matters between Hong Kong and the Mainland. This paper discusses the current status in cross-border cooperation and draws references from international conventions and practice. This study argues that the mutual legal assistance between Hong Kong and the Mainland needs to be institutionalized. And political and legal differences notwithstanding, there are common grounds for the two parties to begin cooperating together on a more formalized and institutionalized manner according to mutually agreeable principles. An abstract of exactly 315 words DOI: 10.5353/th_b3370854 Subjects: Criminal justice, Administration of - China - Hong Kong Criminal justice, Administration of - China
Author: United States Congress Senate Publisher: ISBN: 9781296009045 Category : Languages : en Pages : 52
Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Kam C. Wong Publisher: Routledge ISBN: 1351501690 Category : Law Languages : en Pages : 202
Book Description
The legal issues evoked by cross-border crime in Hong Kong and China are sparse and what does exist is mostly in Chinese. This book provides the first systematic, comprehensive, and in-depth analysis of how Chinese, British, Hong Kong, and international law were applied in the Big Spender case. Kam C. Wong outlines the respective positions of various parties to the dispute. Part of the case's fascination involves competing interests, and that political clout counted for more than legal theory.Big Spender may be little known outside Hong Kong and China, but he made history there. It was the first time a Hong Kong legal resident had been prosecuted, tried, and ultimately executed in China for acts largely perpetrated in Hong Kong. The case tested the limits of the one-country, two-systems approach under which Hong Kong and China coexist. It also forced politicians, government officials, and the public in both Hong Kong and China to come to terms with the legal and policy issues related to cross-border crime.Wong sees the Big Spender case as making clear the dire need for both sides to find workable solutions to concurrent jurisdiction, police cooperation, and judicial assistance. Until there is an acceptable arrangement governing the rendition of offenders between Hong Kong and mainland China, the one- country, two-systems formula cannot be stabilized. This is a case study in large-scale terms.
Author: Mark S. Gaylord Publisher: Hong Kong University Press ISBN: 9622099785 Category : Law Languages : en Pages : 270
Book Description
An essential text for anyone interested in crime, law and justice in Hong Kong, this book offers the only comprehensive survey of all the major parts of Hong Kong's criminal justice system. It also provides an introduction to some key areas of the Hong Kong legal system, including the judiciary, criminal law and legal assistance. The book will appeal not only to social and political science students but also those studying for a number of law courses.
Author: Raymond Wacks Publisher: ISBN: 9789622095083 Category : Constitutional law Languages : en Pages : 0
Book Description
As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u
Author: Fang Xiang
Author: Fang Xiang
Author: Fang Xiang
Author: Hong Kong
Author: Hong Kong
Author: Hong Kong Security Bureau
Author: United States Congress Senate
Author: 
Author: Kam C. Wong
Author: Mark S. Gaylord
Author: Raymond Wacks