One Country, Two Systems: Cross-Border Crime between Hong Kong and China

One Country, Two Systems: Cross-Border Crime between Hong Kong and China

by Kam C. Wong


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One Country, Two Systems: Cross-Border Crime between Hong Kong and China by Kam C. Wong

The legal issues evoked by cross-border crime in Hong Kong and China are sparse and what does exist is mostly in Chinese. This book provides the first systematic, comprehensive, and in-depth analysis of how Chinese, British, Hong Kong, and international law were applied in the "Big Spender" case. Kam C. Wong outlines the respective positions of various parties to the dispute. Part of the case's fascination involves competing interests, and that political clout counted for more than legal theory.

"Big Spender" may be little known outside Hong Kong and China, but he made history there. It was the first time a Hong Kong legal resident had been prosecuted, tried, and ultimately executed in China for acts largely perpetrated in Hong Kong. The case tested the limits of the one-country, two-systems approach under which Hong Kong and China coexist. It also forced politicians, government officials, and the public in both Hong Kong and China to come to terms with the legal and policy issues related to cross-border crime.

Wong sees the "Big Spender" case as making clear the dire need for both sides to find workable solutions to concurrent jurisdiction, police cooperation, and judicial assistance. Until there is an acceptable arrangement governing the rendition of offenders between Hong Kong and mainland China, the one- country, two-systems formula cannot be stabilized. This is a "case study" in large-scale terms.

Product Details

ISBN-13: 9781412846233
Publisher: Taylor & Francis
Publication date: 04/15/2012
Pages: 234
Product dimensions: 6.20(w) x 9.30(h) x 0.80(d)

About the Author

Kam C. Wong is associate professor of criminal justice at Xavier University. Previously he was a police inspector with the Hong Kong Police and was awarded the Commissioner’s High Commendation. In addition, he was the former director of the Chinese Laws Program at the Chinese University of Hong Kong and currently acts as a legal consultant to the Canadian government on Chinese policing and criminal process issues. His writings have appeared in numerous journals, including Police Quarterly, Criminal Law Bulletin, and the Asian Journal of Criminology.

Table of Contents

Foreword ix

Preface xiii

1 Introduction 1

2 Background 13

3 Chinese Criminal Justice Process 35

4 One Country, Two Systems 101

5 Cross-Border Cooperation: HK versus the PRC 123

6 Legal Analysis 141

7 Policy Analysis 165

8 Final Reflections 193

Appendix 207

Index 211

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