CIVIL & CRIMINAL PROCEDURE

Hong Kong Civil and Criminal Procedure

Hong Kong Civil and Criminal Procedure

Does the law and procedure in relation to Court Bail prior to conviction inCriminal Proceedings in Hong Kong ensure that the rights and freedomsguaranteed by the Basic Law and Bill of Rights are protected?

Introduction

The protections of human rights in Hong Kong arepreserved in the Basic Law and its Bill of Rights. The Bill of rights consists of the International Covenant on Civil and Political Rights and any legislation not consistent with these are set aside by the courts. Generally, Hong Kong is considered as a country that possesses high level of civil liberties and there is a high regard of human rights of the citizens. However, there are concerns regarding the freedom of assembly which has some restrictions in the Public Order Ordinance. There has been many scenarios where police has been blamed for using tactics towards those who protest and many argue about the widespread powers given to the police. There are fewer concerns of the human rights of Hong Kong in international community due to its world city status.

Discussion

The Basic Law- Hong Kong

Human rights have gained great importance in the past years and therefore, it has become important for all states to protect human rights in an effective and legitimate way. In Hong Kong, there has been considerable significance of human rights as compared to China, where the rights have stayed uncertain for many years. The legal system of Hong Kong is unique in a way that it has experienced the Western traditions and has stayed at the top as leading financial centers of the world. China is a country that depends on the strong economic system of Hong Kong and is able to gain huge profits due to stability in Hong Kong. In 1984, China was declared as a sovereign state and entire region of Hong Kong was transformed from British to Chinese territory. The drafting of Basic law was conducted by Mainland of China and Hong Kong. Therefore, there were two systems in the Basic Law, liberal capitalism and socialist system. The system upholds the commitment of the government to hold rights and also according to Chinese perspectives; the rights are looked as a gift from the state. The protection of human rights is guarded by the implementation of Basic Law and an international standard has been adopted to protect the rights and freedom of individuals living in Hong Kong.

The basic law is a constitutional document in Hong Kong.it comprise of a total of nine chapters with 160 articles. The annexes have a multitude of aspects to be considered like method of selection of the chief executive, formation of the legislative council, national laws that need to be used and designs of the national flag. The protection of rights and freedoms is one of its major claims. The Hong Kong court shall protect the right of private ownership according to the rules laid down in the basic ...