Report Double Jeopardy
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APRES Moi LE DELUGE"? JUDICIAL Review in HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY
"APRES MoI LE DELUGE"? JUDICIAL REvIEw IN HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY Tahirih V. Lee* INTRODUCTION One of the burning questions stemming from China's promise that the Hong Kong Special Administrative Region (HKSAR) would enjoy a "high degree of autonomy" is whether the HKSAR's courts would have the authority to review issues of constitutional magnitude and, if so, whether their decisions on these issues would stand free of interference by the People's Republic of China (PRC). The Sino-British Joint Declaration of 1984 promulgated in PRC law and international law a guaranty that implied a positive answer to this question: "the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong Special Administrative Region of the power of final adjudication."' The PRC further promised in the Joint Declaration that the "Uludicial power" that was to "be vested in the courts" of the SAR was to be exercised "independently and free from any interference."2 The only limit upon the discretion of judicial decisions mentioned in the Joint Declaration was "the laws of the Hong Kong Special Administrative Region and [to a lesser extent] precedents in other common law jurisdictions."3 Despite these promises, however, most of the academic and popular discussion about Hong Kong's judiciary in the United States, and much of it in Hong Kong, during the several years leading up to the reversion to Chinese sovereignty, revolved around a fear about its decline after the reversion.4 The * Associate Professor of Law, Florida State University College of Law. -
Double Jeopardy
The Law Commission Consultation Paper No 156 DOUBLE JEOPARDY A Consultation Paper The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Miss Diana Faber Mr Charles Harpum Mr Stephen Silber, QC When this consultation paper was completed on 6 September 1999, Professor Andrew Burrows was also a Commissioner. The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on this consultation paper before 31 January 2000. All correspondence should be addressed to: Mr R Percival Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: (020) 7453-1232 Fax: (020) 7453-1297 It may be helpful for the Law Commission, either in discussion with others concerned or in any subsequent recommendations, to be able to refer to and attribute comments submitted in response to this consultation paper. Any request to treat all, or part, of a response in confidence will, of course, be respected, but if no such request is made the Law Commission will assume that the response is not intended to be confidential. The text of this consultation paper is available on the Internet at: http://www.open.gov.uk/lawcomm/ Comments can be sent by e-mail to: [email protected] 17-24-01 THE LAW COMMISSION DOUBLE JEOPARDY CONTENTS [PLEASE NOTE: The pagination in this Internet version varies slightly from the hard copy published version. -
Ben Emmerson Qc Cv2011.Qxp
Ben Emmerson QC T. 020 7404 3447 (Practice Manager, Paul Venables 020 7611 7405) E. [email protected] Year of Call: 1986 Silk: 2000 Main Areas of Practice Commercial law Media and Information law Crime, criminal due process and financial Public law regulatory law International law Human Rights law Arbitration In his private practice, Ben Emmerson QC has specialised in international and domestic human rights law, international humanitarian law and international criminal law (as well as constitutional, public and public international law). He has more than 15 years experience of litigating before the European Court of Human Rights and is now independently ranked as one of the United Kingdom's top three leading practitioners at the Bar in the law of human rights and civil liberties, and as one of the United Kingdom's top five leading practitioners at the Bar in criminal law (Chambers & Partners 2011). He has extensive experience in litigation involving the law of armed conflict before international courts and tribunals. Ben is currently Special Adviser to the Prosecutor of the International Criminal Court; Special Adviser to the Appeals Chamber at the UN Khmer Rouge tribunal in Cambodia; and appointed expert adviser to the UN Counter Terrorism Task Force (CTITF) working party on Protecting Human rights while Countering Terrorism. He has appeared as lead counsel in cases involving the law of armed conflict before a number of international courts tribunals, including international criminal tribunals: Prosecutor v Ramush Haradinaj, Case No. IT-04-84-T, Judgment 3 April 2008; Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v Serbia) (International Court of Justice) (extant); Abdelbaset Ali Mohamed Al Megrahi v HM Advocate; Georgia v Russia (ECHR inter-state application) (extant). -
Internal Communication Clearance Form
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. REFERENCE: AL G/SO 214 (67-17) Terrorism (2005-4) GBR 4/2013 2 September 2013 Excellency, We have the honour to address you in our capacities as Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pursuant to Human Rights Council resolutions 16/4 and 22/8. In this connection, we would like to bring to your Excellency’s Government’s attention information we have received concerning the detention of Mr. David Miranda, a Brazilian national transiting through London International Airport and the destruction of hard drives at the Guardian newspaper in London. According to information received: On Sunday 18 August 2013, Mr. David Miranda, a Brazilian national, was detained and questioned by United Kingdom officials for nine hours under Schedule 7 of the Terrorism Act 2000. He was travelling from Berlin to Rio de Janeiro, transiting through London. British authorities later justified Miranda’s detention on the “suspicion of the possession of highly sensitive stolen information that would help terrorism”. -
REPORT No. 187/20 CASE 12.204 ADMISSIBILITY and MERITS ACTIVE MEMORY CIVIL ASSOCIATION ARGENTINA July 14, 2020
OEA/Ser.L/V/II.176 REPORT No. 187/20 Doc. 200 CASE 12.204 July 14, 2020 Original: Spanish ADMISIBILITY AND MERITS ACTIVE MEMORY CIVIL ASSOCIATION (VICTIMS AND FAMILY MEMBERS OF THE VICTIMS THE TERRORIST ATTACK OF JULY 18, 1994 ON THE HEADQUARTERS OF THE ISRAELI-ARGENTIAN MUTUAL ASSOCIATION) ARGENTINA Approved by the Commission at its session No. 2179 held on July 14, 2020 176 Regular Period of Sessions Cite as: IACHR, Report No. No. 187/20. Case 12.204. Admissibility and Merits. Active Memory Civil Association. Argentina. July 14, 2020 www.cidh.org INDEX I. INTRODUCTION .......................................................................................................................................................................................................................... 3 II. PROCEDURE OF THE PETITION BEFORE THE IACHR ................................................................................................................................................ 3 III. POSITION OF THE PARTIES ................................................................................................................................................................................................... 4 A. The petitioners ......................................................................................................................................................................................................... 4 B. The Argentine State ............................................................................................................................................................................................... -
In the Supreme Court State of North Dakota
FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT MARCH 24, 2021 STATE OF NORTH DAKOTA IN THE SUPREME COURT STATE OF NORTH DAKOTA 2021 ND 52 State of North Dakota, Plaintiff and Appellee v. Jordan Lee Borland, Defendant and Appellant No. 20200053 Appeal from the District Court of Nelson County, Northeast Central Judicial District, the Honorable M. Jason McCarthy, Judge. AFFIRMED. Opinion of the Court by Jensen, Chief Justice. Quentin B. Wenzel (argued), Assistant State’s Attorney, Langdon, ND, and Jayme J. Tenneson (on brief), State’s Attorney, Lakota, ND, for plaintiff and appellee. Jessica J. Ahrendt, Grand Forks, ND, for defendant and appellant. State v. Borland No. 20200053 Jensen, Chief Justice. [¶1] Jordan Borland appeals from a criminal judgment entered after a jury found him guilty of criminal vehicular homicide at the conclusion of a third jury trial on the charge. Borland argues double jeopardy barred his retrial; the district court erred by denying his requested jury instruction and special verdict form seeking a jury finding on double jeopardy; and he was denied the right to a speedy trial. We affirm. I [¶2] The State charged Borland with the offense of criminal vehicular homicide on October 17, 2017. Borland’s trial was set to begin July 24, 2018. Two weeks before trial, the State requested additional trial time to present its case in order to accommodate the increased number of potential trial witnesses. Borland did not object to the State’s request to extend the length of trial. To accommodate the request for additional trial time, the district court rescheduled the trial to October 2, 2018. -
Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY Imperial Acts Application Ordinance 1986 No. 93 of 1986 I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910. Dated 18 December 1986. N. M. STEPHEN Governor-General By His Excellency’s Command, LIONEL BOWEN Attorney-General An Ordinance relating to the application in the Territory of certain Acts of the United Kingdom Short title 1. This Ordinance may be cited as the Imperial Acts Application Ordinance 1986.1 Commencement 2. (1) Subject to this section, this Ordinance shall come into operation on the date on which notice of this Ordinance having been made is published in the Gazette. (2) Sub-section 4 (2) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in Gazette. (3) Sub-section 4 (3) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette. Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Imperial Acts Application No. 93 , 1986 2 Interpretation 3. (1) In this Ordinance, unless the contrary intention appears—“applied Imperial Act” means— (a) an Imperial Act that— (i) extended to the Territory as part of the law of the Territory of its own force immediately before 3 September 1939; and (ii) had not ceased so to extend to the Territory before the commencing date; and (b) an Imperial Act, other than an Imperial -
Extension of Double Jeopardy Protection to Sentencing Anne M
Journal of Criminal Law and Criminology Volume 72 Article 6 Issue 4 Winter Winter 1981 Fifth Amendment--Extension of Double Jeopardy Protection to Sentencing Anne M. Pachciarek Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Anne M. Pachciarek, Fifth Amendment--Extension of Double Jeopardy Protection to Sentencing, 72 J. Crim. L. & Criminology 1276 (1981) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/81/7204-1276 THEJOURNALOF CRIMINAL LAW & CRIMINOLOGY Vol. 72, No. 4 Copyright © 1981 by Northwestern University School of Law Prinedin USA. FIFTH AMENDMENT-EXTENSION OF DOUBLE JEOPARDY PROTECTION TO SENTENCING Bullington v. Missouri, 101 S. Ct. 1852 (1981). Last term, the Supreme Court for the first time extended double jeopardy protection to a criminal defendant sentenced by a jury. In Bul'ngton v. Missouri,' the Court held that where a sentencing proceed- ing had the hallmarks of a trial on guilt or innocence, the Double Jeop- ardy Clause2 prohibited the imposition of a greater sentence at retrial. Before Bullington, the Court had refused to extend to sentencing the well- established principle that the Double Jeopardy Clause forbids the retrial of a defendant who has been acquitted of an offense. The holding in Bulngon represents a dramatic departure from the Court's longstand- ing judgment that the distinctions between a sentence and an acquittal are more critical than the similarities. -
Reassessing Packer in the Light of International Human Rights Norms
Reassessing Packer in the Light of International Human Rights Norms † FARKHANDA ZIA MANSOOR I. INTRODUCTION This article analyzes different aspects of Herbert L. Packer’s crime control and due process models in the light of different components of an individual’s right to a fair trial, which is a fundamental individual human right. Packer developed his models to illuminate what he saw as two conflicting value systems that competed for priority in the operation of the criminal justice process. The utilitarian approach dominated the classical period in criminology, where deterrence theory prevailed. However, when the scales tilt too far in the direction of deterrence and crime control, due process rights suffer. Similarly, when the right to a fair trial is violated, it results in questionable convictions, imprisonment, and even execution. When the public learns that innocent persons have been convicted and imprisoned, the justice system itself loses credibility. The risk of human rights violations starts from the moment officials become suspicious of a person and continues through arrest, pre-trial detention, during the trial and appeals, and at the time of imposition of punishment. To avoid wrongful convictions and to protect the individual’s right to a fair trial through all of these stages, international fair-trial standards have been designed. According to Packer’s crime control model, repression of criminal conduct is viewed as the most important function of the criminal process. In the absence of such a repression, a general disregard for the criminal law would develop and citizens would live in constant fear. Crime control and due process (which is analogous to the right to a fair trial) approaches represent the extremes. -
In the Court of Final Appeal of the Hong Kong Special Administrative Region
FACV Nos. 9 & 10 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS. 9 & 10 OF 2006 (CIVIL) (ON APPEAL FROM CACV NOS. 297 & 298 OF 2004) _______________________ Between: SIEGFRIED ADALBERT UNRUH Plaintiff (Respondent) - and - HANS-JOERG SEEBERGER 1st Defendant (1st Appellant) EGANAGOLDPFEIL (HOLDINGS) LIMITED 2nd Defendant (2nd Appellant) _______________________ Court: Chief Justice Li , Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Mr Justice McHugh NPJ Dates of Hearing: 15, 16 and 18 January 2007 Date of Judgment: 9 February 2007 _______________________ J U D G M E N T _______________________ Chief Justice Li: 1. I agree with the judgment of Mr Justice Ribeiro PJ. — 2 — Mr Justice Bokhary PJ: 2. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Chan PJ: 3. I have read the judgment of Mr Justice Ribeiro PJ in draft. I agree entirely with his comprehensive analysis and conclusions. I too would dispose of these appeals as proposed by him in the concluding paragraph of his judgment. Mr Justice Ribeiro PJ: A. The parties and the issues 4. On 19 September 1992, the plaintiff (“Mr Unruh”) entered into a Memorandum of Agreement (“the MoA”) with the 1st defendant (“Mr Seeberger”). The MoA provides that under certain circumstances, Mr Unruh is to become entitled to payment of a “Special Bonus”. Mr Unruh contends that such entitlement has arisen and, not having been paid, brought proceedings to recover the same from Mr Seeberger and from the 2nd defendant (“Egana”, formerly called Haru International (Holdings) Limited). -
Crime (International Co-Operation) Act 2003
Source: http://www.legislation.gov.uk/ukpga/2003/32 Crime (International Co-operation) Act 2003 2003 CHAPTER 32 An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes. [30th October 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 MUTUAL ASSISTANCE IN CRIMINAL MATTERS CHAPTER 1 MUTUAL SERVICE OF PROCESS ETC. Service of overseas process in the UK 1Service of overseas process (1)The power conferred by subsection (3) is exercisable where the Secretary of State receives any process or other document to which this section applies from the government of, or other authority in, a country outside the United Kingdom, together with a request for the process or document to be served on a person in the United Kingdom. (2)This section applies— (a)to any process issued or made in that country for the purposes of criminal proceedings, (b)to any document issued or made by an administrative authority in that country in administrative proceedings, (c)to any process issued or made for the purposes of any proceedings on an appeal before a court in that country against a decision in administrative proceedings, (d)to any document issued or made by an authority in that country for the purposes of clemency proceedings. -
Paths of Justice
PATHS OF JUSTICE Johannes M. M. Chan http://www.pbookshop.com Hong Kong University Press The University of Hong Kong Pokfulam Road Hong Kong www.hkupress.hku.hk © 2018 Hong Kong University Press ISBN 978-988-8455-93-5 (hardback) ISBN 978-988-8455-94-2 (Paperback) All rights reserved. No http://www.pbookshop.comportion of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publisher. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. 10 9 8 7 6 5 4 3 2 1 Printed and bound in Hong Kong, China Preface What is justice? Can justice be done? Jurists and philosophers have been asking these questions for centuries. While there is a huge body of learned work on these questions, no theory can tell what justice is or whether justice has been done in any particular case. At the end of the day, justice perhaps just lies in the hearts of ordinary people. Like the concept of the reasonable man, justice may not be something that can be formulated in abstraction but by and large is something that we recognize when we see it in practice. I have long wanted to write a book to explore these themes through real cases. As an academic lawyer, I have the privilege of being involved in the two related but in fact quite separate worlds of academia and legal practice.