This course will examine the rights and obligations of citizens in the context of the justice system as it operates in contemporary society. Primary attention will be upon criminal justice system. The rights and obligations of citizens during a criminal investigation and a criminal prosecution will be examined as will the role, powers and obligations of the law enforcement agencies. The characteristics, strengths and weaknesses of the Hong Kong criminal justice system and possible areas of development and reform will also be considered. The jurisdiction, role, powers and functions of the criminal courts will be examined as will the protections afforded to citizens during the criminal trial process, including issues of sentencing and restorative justice. The role, functions and obligations of the personnel engaged in the criminal justice process will also be considered. The rights, obligations and protections afforded to the victims of crime and to witnesses at all stages of the criminal justice process will also be examined. Though the primary concentration will upon the operation of the criminal justice system attention will also be paid to problems of access to justice and issues of denial of justice in everyday life, for example, in relation to discrimination and anti-discrimination measures, particularly in the context of rights under the Basic law and international conventions.

1. Explain the role of law in establishing a society based on fundamental principles of justice.
2. Analyse the role of legal institutions in establishing a rule of law society and in particular in understanding the contribution of citizenry in protecting the rule of law.
3. Explain the operation of the Hong Kong justice system and particularly the criminal justice system and its impact upon individual rights and liberties.
4. Compare and contrast those principles in terms of the past, present and future development of the Hong Kong society.
5. Identify factors relevant to the commission of crime in contemporary society.
6. Analytically and critically discuss the strengths and weakness of the criminal justice system.
7. Identify and analytically and critically discuss potential areas of reform and/or development particularly in relation to reform and development in other jurisdictions.
8. Critically evaluate citizens rights and protections in the criminal justice process particularly in relation to the Basic Law and International Human Rights Treaties.
9. Identify and discuss problems of access to justice and issues of denial of justice, for example, in relation to discrimination and anti-discrimination measures, particularly in the context of rights under the Basic Law and international conventions.

Mr Michael Robert SANDOR (Email: msandor@cityu.edu.hk, Phone: 2784 4178)

http://eportal.cityu.edu.hk/bbcswebdav/institution/APPL/Course/Current/GE1103.htm