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Resistance to the Mainlandization of Criminal Justice Practices

Resistance to the Mainlandization of Criminal Justice Practices This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the “mainlandization” of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as “rule by the people,” “absence of the presumption of innocence,” “leniency for self-confession and severity for resistance,” and “toeing the party line,” RJ would be devoid of any restorative substance and could breach the principles of due process. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Offender Therapy and Comparative Criminology SAGE

Resistance to the Mainlandization of Criminal Justice Practices

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References (67)

Publisher
SAGE
Copyright
© The Author(s) 2012
ISSN
0306-624X
eISSN
1552-6933
DOI
10.1177/0306624X11405481
pmid
21490000
Publisher site
See Article on Publisher Site

Abstract

This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the “mainlandization” of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as “rule by the people,” “absence of the presumption of innocence,” “leniency for self-confession and severity for resistance,” and “toeing the party line,” RJ would be devoid of any restorative substance and could breach the principles of due process.

Journal

International Journal of Offender Therapy and Comparative CriminologySAGE

Published: Jun 1, 2012

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