Pub Date : 2016-06-15DOI: 10.1163/15718158-01701009
S. Davies, Jazz Robson
Two significant events occurred in Indonesia in 2014 in relation to children in conflict with the law. First, Indonesia’s Law No. 11/2012 on the Juvenile Criminal Justice System came into effect on 30 July, with the first minors being tried on 12 August 2014. Second, the United Nations Committee on the Rights of the Child (UNCRC) presented its concluding observations to Indonesia’s periodic report. It is timely to reflect on the progress Indonesia is making in respect to children in conflict with the law. In providing the first systematic analysis of Indonesia’s juvenile justice system, we trace the history of juvenile justice in Indonesia, outlining both international and national conventions and laws applicable to Indonesia. We assess judicial and pragmatic progress and highlight areas of continuing concern regarding children in conflict with the law in Indonesia. We conclude that despite Indonesia becoming an early signatory to the UN Convention on the Rights of the Child (UNCRC) and the nation’s subsequent ratification of child-friendly judicial policies, Indonesia has failed to follow through on its various commitments. This failure demonstrates not only the difficulties of effecting change in a super-diverse country with systemic corruption and poverty, but suggests a concern in Indonesia for presenting a positive public image above substantively improving the lives of children in conflict with the law. We argue that while Indonesia’s law changes are positive, adequate resources must be allocated to ensure successful implementation. We conclude by suggesting that indigenous restorative justice practices can be utilised to strengthen Indonesia’s juvenile justice system.
{"title":"Juvenile (In)justice: Children in Conflict with the Law in Indonesia","authors":"S. Davies, Jazz Robson","doi":"10.1163/15718158-01701009","DOIUrl":"https://doi.org/10.1163/15718158-01701009","url":null,"abstract":"Two significant events occurred in Indonesia in 2014 in relation to children in conflict with the law. First, Indonesia’s Law No. 11/2012 on the Juvenile Criminal Justice System came into effect on 30 July, with the first minors being tried on 12 August 2014. Second, the United Nations Committee on the Rights of the Child (UNCRC) presented its concluding observations to Indonesia’s periodic report. It is timely to reflect on the progress Indonesia is making in respect to children in conflict with the law. In providing the first systematic analysis of Indonesia’s juvenile justice system, we trace the history of juvenile justice in Indonesia, outlining both international and national conventions and laws applicable to Indonesia. We assess judicial and pragmatic progress and highlight areas of continuing concern regarding children in conflict with the law in Indonesia. We conclude that despite Indonesia becoming an early signatory to the UN Convention on the Rights of the Child (UNCRC) and the nation’s subsequent ratification of child-friendly judicial policies, Indonesia has failed to follow through on its various commitments. This failure demonstrates not only the difficulties of effecting change in a super-diverse country with systemic corruption and poverty, but suggests a concern in Indonesia for presenting a positive public image above substantively improving the lives of children in conflict with the law. We argue that while Indonesia’s law changes are positive, adequate resources must be allocated to ensure successful implementation. We conclude by suggesting that indigenous restorative justice practices can be utilised to strengthen Indonesia’s juvenile justice system.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87664165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-15DOI: 10.1163/15718158-01701010
Bonny Ling
In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People’s Republic of China released the country’s first national anti-trafficking plan in December 2007, followed by China’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China’s response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China’s criminalisation of trafficking since the adoption of the country’s first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context.
{"title":"Human Trafficking and China: Challenges of Domestic Criminalisation and Interpretation","authors":"Bonny Ling","doi":"10.1163/15718158-01701010","DOIUrl":"https://doi.org/10.1163/15718158-01701010","url":null,"abstract":"In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People’s Republic of China released the country’s first national anti-trafficking plan in December 2007, followed by China’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China’s response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China’s criminalisation of trafficking since the adoption of the country’s first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83602398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-15DOI: 10.1163/15718158-01701008
Thi Kim Ngan Nguyen
Viet Nam has finished two national reports under the United Nations Human Rights Council’s Universal Periodic Review. The Vietnamese national reports were prepared in accordance with the general guidelines of the Human Rights Council and experience learnt from other countries. However, the process of Viet Nam’s preparation of its national reports reveals some shortcomings that should be considered. In order to fulfill the obligations of international human rights treaties of which Viet Nam is a party, the process of Viet Nam’s preparation of national reports should be continuously improved to further ensure and promote fundamental human rights in Viet Nam.
{"title":"The Process of Viet Nam’s Preparation of the National Report under the United Nations Human Rights Council’s Universal Periodic Review","authors":"Thi Kim Ngan Nguyen","doi":"10.1163/15718158-01701008","DOIUrl":"https://doi.org/10.1163/15718158-01701008","url":null,"abstract":"Viet Nam has finished two national reports under the United Nations Human Rights Council’s Universal Periodic Review. The Vietnamese national reports were prepared in accordance with the general guidelines of the Human Rights Council and experience learnt from other countries. However, the process of Viet Nam’s preparation of its national reports reveals some shortcomings that should be considered. In order to fulfill the obligations of international human rights treaties of which Viet Nam is a party, the process of Viet Nam’s preparation of national reports should be continuously improved to further ensure and promote fundamental human rights in Viet Nam.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86851800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-05-19DOI: 10.1163/15718158-01802001
H. Gui
Under the Constitution of China, the Communist Party (CPC) does not merely play a leadership role in the political field, but also in the legal arena. Legislation must reflect the Party’s outlook and achieve its policies, including any legal provisions governing particular systems, such as arrangements for the death penalty. After introducing the relationship between the CPC and legislation, this article will discuss the shift in the CPC’s approach to human rights and changes to the death penalty system in the Maoist, Deng Xiaoping and post-Deng eras. In the Maoist era, the government rejected human rights, but its policy on execution – at least on paper – was cautious and even stricter than during the other eras; the CPC recognised and accepted human rights in the Deng era, but emphasised national security and stability. As a result, individual human rights were not fully taken into account. Execution was considered an important measure to control crime and the scope of the relevant legislation was expanded. Post-Deng, human rights have developed gradually. Human rights protection has been incorporated into the Constitution and individual human rights have become more valued, but the CPC still focuses on state security, development and stability, and has not valued the right to life to the same extent as the right to subsistence. Although steps to reform the death penalty are being taken, 46 crimes are still punishable by death. The CPC should change its outlook and focus on the right to life, and abolish the death penalty de facto and de jure.
{"title":"The Communist Party of China’s Approach to Human Rights and the Death Penalty","authors":"H. Gui","doi":"10.1163/15718158-01802001","DOIUrl":"https://doi.org/10.1163/15718158-01802001","url":null,"abstract":"Under the Constitution of China, the Communist Party (CPC) does not merely play a leadership role in the political field, but also in the legal arena. Legislation must reflect the Party’s outlook and achieve its policies, including any legal provisions governing particular systems, such as arrangements for the death penalty. After introducing the relationship between the CPC and legislation, this article will discuss the shift in the CPC’s approach to human rights and changes to the death penalty system in the Maoist, Deng Xiaoping and post-Deng eras. In the Maoist era, the government rejected human rights, but its policy on execution – at least on paper – was cautious and even stricter than during the other eras; the CPC recognised and accepted human rights in the Deng era, but emphasised national security and stability. As a result, individual human rights were not fully taken into account. Execution was considered an important measure to control crime and the scope of the relevant legislation was expanded. Post-Deng, human rights have developed gradually. Human rights protection has been incorporated into the Constitution and individual human rights have become more valued, but the CPC still focuses on state security, development and stability, and has not valued the right to life to the same extent as the right to subsistence. Although steps to reform the death penalty are being taken, 46 crimes are still punishable by death. The CPC should change its outlook and focus on the right to life, and abolish the death penalty de facto and de jure.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84249743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-10-06DOI: 10.1163/15718158-01601002
Champathong Phochanthilath
Lao People’s Democratic Republic is a multicultural country within the Association of South East Asian Nations. It recently adopted the Intellectual Property Law in the context of enhancing regional and global economic integration. The traditional handicraft textile sector is important in Laos. It is of benefit to the country’s economic development, as well as being recognized as an important element of both national culture and the identity of Lao women. However, Lao craftswomen are facing a strong challenge preserving their traditional knowledge due to the extremely cheap imitations of items such as scarves and Lao skirts, which are being sold in Laos.This article aims to discuss the existing international instruments and related national laws regarding intellectual property and protection of traditional knowledge with particular regard to women’s rights. Intellectual property and traditional knowledge issues attract more attention than intellectual property rights under the World Intellectual Property Organization regime; UNESCO , TRIPS , CBD and human rights treaties, all to which Lao is a party, are also relevant. Nationally, Laos is still lacking adequate and appropriate means to protect rights of women as traditional knowledge holders in terms of national laws.
{"title":"Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao pdr","authors":"Champathong Phochanthilath","doi":"10.1163/15718158-01601002","DOIUrl":"https://doi.org/10.1163/15718158-01601002","url":null,"abstract":"Lao People’s Democratic Republic is a multicultural country within the Association of South East Asian Nations. It recently adopted the Intellectual Property Law in the context of enhancing regional and global economic integration. The traditional handicraft textile sector is important in Laos. It is of benefit to the country’s economic development, as well as being recognized as an important element of both national culture and the identity of Lao women. However, Lao craftswomen are facing a strong challenge preserving their traditional knowledge due to the extremely cheap imitations of items such as scarves and Lao skirts, which are being sold in Laos.This article aims to discuss the existing international instruments and related national laws regarding intellectual property and protection of traditional knowledge with particular regard to women’s rights. Intellectual property and traditional knowledge issues attract more attention than intellectual property rights under the World Intellectual Property Organization regime; UNESCO , TRIPS , CBD and human rights treaties, all to which Lao is a party, are also relevant. Nationally, Laos is still lacking adequate and appropriate means to protect rights of women as traditional knowledge holders in terms of national laws.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73925469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-10-06DOI: 10.1163/15718158-01601006
Deepika Udagama
Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.
{"title":"The Politics of Domestic Implementation of International Human Rights Law","authors":"Deepika Udagama","doi":"10.1163/15718158-01601006","DOIUrl":"https://doi.org/10.1163/15718158-01601006","url":null,"abstract":"Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85236179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-10-06DOI: 10.1163/15718158-01601004
Bounmy Ladsamyxay
This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao PDR complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.
{"title":"The Right to Access a Lawyer in Laotian Criminal Law","authors":"Bounmy Ladsamyxay","doi":"10.1163/15718158-01601004","DOIUrl":"https://doi.org/10.1163/15718158-01601004","url":null,"abstract":"This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao PDR complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78267429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The right to education is an important fundamental right for all Lao citizens and is regarded as one of the priorities of development in Lao PDR . The Lao PDR realizes the importance of education for all as a significant tool to help the country graduate from the least developed country status in 2020. Primary and tertiary education is therefore one of the Lao PDR Government’s priorities.This research analyses the existing rights of children to access primary education in Vientiane Province, the education system in Lao PDR and its education policy for all children. The researchers conducted an in-depth review on the actual implementation of children’s access to education in Vientiane Province, identifying barriers to the full implementation of education policy in the province as well as other important external factors for education. Recommendations are made for increasing children’s access to education, thereby improving the right to education in the state and building a much stronger foundation for the development of Lao PDR .
{"title":"The Right of Children in Accessing Primary Education: Vientiane Province Case Study","authors":"Khonsavanh Vongvannasay, Khamphang Vongphachanh, Vilay Langkavong","doi":"10.1163/15718158-01601003","DOIUrl":"https://doi.org/10.1163/15718158-01601003","url":null,"abstract":"The right to education is an important fundamental right for all Lao citizens and is regarded as one of the priorities of development in Lao PDR . The Lao PDR realizes the importance of education for all as a significant tool to help the country graduate from the least developed country status in 2020. Primary and tertiary education is therefore one of the Lao PDR Government’s priorities.This research analyses the existing rights of children to access primary education in Vientiane Province, the education system in Lao PDR and its education policy for all children. The researchers conducted an in-depth review on the actual implementation of children’s access to education in Vientiane Province, identifying barriers to the full implementation of education policy in the province as well as other important external factors for education. Recommendations are made for increasing children’s access to education, thereby improving the right to education in the state and building a much stronger foundation for the development of Lao PDR .","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82303344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-10-01DOI: 10.1163/15718158-01601007
Jack Tsen-Ta Lee
In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court of Appeal in Lim Meng Suang and another v Attorney-General with slight differences in the reasoning. This article examines the courts’ analysis of equality law, and submits in particular that the courts ought to re-evaluate whether they should apply a presumption of constitutionality, refuse to assess the legitimacy of the object of the impugned provision, and rely on a standard of mere reasonableness or lack of arbitrariness when determining if a rational relation exists between the provision’s object and the differentia underlying a classification used in the provision.
2013年，在Lim bbbbo Suang和Kenneth Chee munleon诉总检察长案和Tan Eng Hong诉总检察长案中，新加坡高等法院首次在司法管辖区作出判决，考虑到刑事法典第377A条的合宪性，该条款将两名男子之间的“严重猥亵”行为定为刑事犯罪，无论他们发生在公共场合还是私人场合。法院裁定，这项规定并不违反《新加坡共和国宪法》第12(1)条所规定的法律面前人人平等和法律平等保护的保证。2014年，上诉法院在Lim孟Suang案和另一起诉总检察长案中维持了这一结果，但在推理上略有不同。本文考察了法院对平等法的分析，并特别提出，法院应该重新评估它们是否应该适用合宪性假设，拒绝评估被质疑条款的对象的合法性，并在确定条款的对象与条款中使用的分类差异之间是否存在合理关系时，依赖纯粹合理性或缺乏任意性的标准。
{"title":"Equality and Singapore's First Constitutional Challenges to the Criminalization of Male Homosexual Conduct","authors":"Jack Tsen-Ta Lee","doi":"10.1163/15718158-01601007","DOIUrl":"https://doi.org/10.1163/15718158-01601007","url":null,"abstract":"In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court of Appeal in Lim Meng Suang and another v Attorney-General with slight differences in the reasoning. This article examines the courts’ analysis of equality law, and submits in particular that the courts ought to re-evaluate whether they should apply a presumption of constitutionality, refuse to assess the legitimacy of the object of the impugned provision, and rely on a standard of mere reasonableness or lack of arbitrariness when determining if a rational relation exists between the provision’s object and the differentia underlying a classification used in the provision.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80894780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-04-06DOI: 10.1163/15718158-15010206
Graham Smith
Practitioners define the police complaints system of Hong Kong as a two-tier system. In this article, written at the request of the organisers of a 2014 Symposium, the international reform trend and purposes of police complaints systems are briefly outlined before examination of the Hong Kong system. A different conceptualisation is suggested to the one currently preferred by practitioners. It is observed that three organisations – the Independent Commission Against Corruption, the Complaints Against Police Office of the Hong Kong Police Force, and the Independent Police Complaints Council – share responsibility for handling complaints against the police. It is proposed that a full and comprehensive audit of the powers, duties and responsibilities of the three organisations that comprise this tripartite system, supported by research on the experiences of complainants, would provide an important evidence base for developing the system.
{"title":"THE TRIPARTITE POLICE COMPLAINTS SYSTEM OF HONG KONG","authors":"Graham Smith","doi":"10.1163/15718158-15010206","DOIUrl":"https://doi.org/10.1163/15718158-15010206","url":null,"abstract":"Practitioners define the police complaints system of Hong Kong as a two-tier system. In this article, written at the request of the organisers of a 2014 Symposium, the international reform trend and purposes of police complaints systems are briefly outlined before examination of the Hong Kong system. A different conceptualisation is suggested to the one currently preferred by practitioners. It is observed that three organisations – the Independent Commission Against Corruption, the Complaints Against Police Office of the Hong Kong Police Force, and the Independent Police Complaints Council – share responsibility for handling complaints against the police. It is proposed that a full and comprehensive audit of the powers, duties and responsibilities of the three organisations that comprise this tripartite system, supported by research on the experiences of complainants, would provide an important evidence base for developing the system.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2014-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86105942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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