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Restorative Justice in Hong Kong — a Research Study on the Struggle Between Retribution and Restoration

Restorative Justice in Hong Kong — a Research Study on the Struggle Between Retribution and... Hong Kong has been a place where the rule of law is upheld as the cornerstone of the legal system, and the notion of rule of law is based very much on retributory justice — a system where defendants are given sufficient due process protection, and proportionate punishment is levied in a legal sense. In the criminal prosecution process, restorative justice exists in a peripheral way in the form of victim offender mediation. Though named as a form of mediation, the practice of restorative justice has been receiving much lesser attention when the use of mediation in the civil justice system has enjoyed huge growth in the territory. This article examines how the promotion of mediation in Hong Kong has supported potential development of restorative justice through the well-established pool of professionals, lawyers and helping professionals included, in the field. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian Journal of Criminology Springer Journals

Restorative Justice in Hong Kong — a Research Study on the Struggle Between Retribution and Restoration

Lui, Wendy
Asian Journal of Criminology , Volume 18 (2) – Jun 1, 2023
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References (40)

Publisher
Springer Journals
Copyright
Copyright © The Author(s), under exclusive licence to Springer Nature B.V. 2022. Springer Nature or its licensor holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law.
ISSN
1871-0131
eISSN
1871-014X
DOI
10.1007/s11417-022-09380-9
Publisher site
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Abstract

Hong Kong has been a place where the rule of law is upheld as the cornerstone of the legal system, and the notion of rule of law is based very much on retributory justice — a system where defendants are given sufficient due process protection, and proportionate punishment is levied in a legal sense. In the criminal prosecution process, restorative justice exists in a peripheral way in the form of victim offender mediation. Though named as a form of mediation, the practice of restorative justice has been receiving much lesser attention when the use of mediation in the civil justice system has enjoyed huge growth in the territory. This article examines how the promotion of mediation in Hong Kong has supported potential development of restorative justice through the well-established pool of professionals, lawyers and helping professionals included, in the field.

Journal

Asian Journal of Criminology – Springer Journals

Published: Jun 1, 2023

Keywords: Restorative justice; Retribution; Mediation; Criminal justice process; Helping professionals

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