Criminal Justice System in Hong Kong Essay

Abstract The fairness of the criminal justice system in Hong Kong is affected by different factors. Social disposition and public outlook of the person in trial is one of the greatest factors. The â€Å"personality† of the person in trial and the number of vital government â€Å"connections† that he or she has also affects the fairness of the justice system. Generally speaking, the justice system in Hong Kong is considered â€Å"fair†. This is true to almost all citizens not until a person in trial possesses a lot of connections, holds a great deal of fortune, and is a critical part in socio-political relations in Hong Kong or in the outside countries. Different factors range from social, political and other aspects. For an important job involving decision-making, we know that people involved in this aspect have to make important, significant and intricate decisions in every part of their work. Today, it is very surprising to realize that a lot of judges/adjudicators have written only a fraction of amount telling the moment of decision. This also includes the thought process that they undergo each time they decide about a given subject. There are numerous reasons to think about and reflect about this on-going silence. One of the most important reasons is that the declaratory theory of judicial decision-making persuaded decision-makers to further believe that their personal role in the decision making is put to a minimal percent. The decision-makers role in interpreting our very own Constitution will simply be a factor which declares about differentiated purposes. Correspondingly, in discovering many differentiated and widespread laws to administer a case, the decision-maker is simply carrying out a straightforward application of logical reasoning. The outcome of this process is not a creation of the judge. The creation of the decision came and grew out before the time the judge even thought about the person in trial. The thought of stereotyping judges as to merely being a purpose driven person or a propaganda administrator is not good. Somewhere in the middle of that range will most likely produce judges which will slowly show a fair degree of consistency. As we know, we can always suggest that each case is different form the other and it is always dependent upon its own unique facts. These facts and truths will be found in the language and structure of the article and file that the decision-makers scrutinize. Because of this, we can always deny and renounce any type of attitudinal philosophy. We, as rational human beings, can always seek to discern and determine diverse and differentiated styles and approaches. This of course greatly depends on whether the act in question concerns criminal violations, tax evasions, compensation benefits or otherwise. In the process of analyzing different views about statutory construction, I have a great deal of certainty that there must always be an explanation at a higher level of reasoning. Reasoning, decision-making, and implementation of statutory laws in Hong Kong are considered â€Å"fair† enough. The main structure of the criminal justice system in Hong Kong and the fairness of their decisions are affected by the following factors. First, political connections – even a good judge will have difficulty in denying this factor. Political connections range from having a wide array of known people and having the full support of all the persons/groups. Second, social disposition – a judge will most likely consider the social disposition of a defendant once he/she is in trial. If the conviction or the release of the said person will largely affect different sectors in the country especially the economic sector then most likely the decision of the judge will be a little bit in favor to the defendant. Third, money – yes, money. Having a lot of money in Hong Kong changes everything. We, of course, are not assuming the fact that all judges in Hong Kong could be bought by money. Money plays an important role in the fairness of the justice system of Hong Kong by providing a possible â€Å"loophole† in the decision making. This idea need not to be discussed a lot because we all know that in today’s businesses and transactions, money is power.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On the issue of having a â€Å"fair† justice system in Hong Kong, I do believe that they can still be considered fair. This is because of the various external influences that they receive. But of course, the factors affecting the decision of the jury or judge are still very much alive and pose a great amount of threat to the equality and fairness of the trial.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Factors that affect the fairness of the justice system in Hong Kong are not confined to the topics that I have mentioned. These factors start from the individual himself and go beyond the usual factors like money, social disposition and government connections. Certain strategies put up by the defensive side will not be confined to just manipulating the decision but also the key persons involved in the whole proceedings. Hong Kong is a place of organized crime groups and rich people. I will leave all of these to your own imagination on how creative and clever these criminals and rich people might be in escaping possible â€Å"guilty† declarations. References Forrester, R. B (1986). Law and the Loopholes.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   New Jersey. Aurora Publishing.