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Provides a listing of articles on restorative justice developments in Hong Kong. Articles appear in the order in which they were added to the site with the most recent appearing first.

. Adopting a restorative approach to young offenders in Hong Kong: a public survey.
With declining faith in the retributive and rehabilitative models of the criminal justice system, the restorative justice (RJ) model has become increasingly favored. Most countries that practice RJ do so for juvenile offenders, and most of these are western countries. It is believed that the illegal acts of most juvenile offenders are committed impulsively. Hong Kong, as an international Asian city that is predominantly Chinese, may want to follow the global trend in adopting some types of RJ practice to deal with juvenile offenders. As public sanction/endorsement is one of the crucial criteria for the implementation of RJ, this article presents the findings of a telephone survey in Hong Kong to explore public support for the idea. It was found that the general public is in favor of the idea of RJ even though their knowledge of the local juvenile justice system is typically inadequate. Some preliminary recommendations are offered. (author's abstract)
Wing Lo, T and Maxwell, Gabrielle and Wong, Dennis and Maxwell, Gabrielle. Community Support and Diversionary Measures for Juvenile Offenders in Hong Kong: Old Legacy, New Age.
This paper begins by examining the arguments that led to the change of emphasis from residential training and detention to community-based measures in Hong Kong. Police cautioning and community support services are introduced. An evaluation of the services provided found that the majority of respondents reported high levels of satisfaction with them. It is likely that the services exerted positive influences on the respondents_ deviant behaviour, family values and sense of social responsibility, but one-fifth of them continued to commit deviant acts. Parents_ participation was not high. Young offenders rarely took responsibility for the offence they committed or understood the harm they had done to victims, and victims were not involved in deciding the intervention plan. The conclusions raise issues about the future for Hong Kong. They consider new diversionary strategies for responding to young people and debate the values that should underpin them.
Wan King Hung and Chuk Wing Hung. Restorative Justice: A Way Forward in Hong Kong.
This paper presents a microcosmic perspective of the demand for restorative justice in Hong Kong. Offenders and victims, a primary student and university professor, juvenile offenders and lifers, prison volunteers and social workers, as well as imprisoned offenders and a rehabilitated person respectively present thirteen voices. It further elaborates that pilot project such as "The Post-superintendent Cautioning Scheme plus Family Group Conferencing," implemented in Hong Kong, are effective and positive and can untie the inner "knots" of the parties, parents and the community involved. As such, victims are humanized with material, symbolic, and mental compensations as well as offenders can be re-socialized into the society with lower rate of recidivism. This process can enhance relationships among the parents, offenders and their offspring. This can largely improve the public safety in the community and save a great amount of outlays and expenses. In the end, the writers of this report put forward some practical suggestions on the development of restorative justice in Hong Kong which require support from the Hong Kong Law Reform Commission and the Security Bureau. These suggestions could be executed by Hong Kong Magistracy & Juvenile Court, Hong Kong Correctional Services Department, Hong Kong Social Welfare Department, Hong Kong Police Force and non-governmental organizations (such as Hong Kong Mediation Council, Hong Kong Mediation Center, Non-governmental Criminal Mediation Organizations and volunteers). Together, we can collaboratively achieve restorative justice.
Wong, Dennis S. W.. The Development of Restorative Justice in Hong Kong
The juvenile justice in Hong Kong embraces disciplinary welfare-oriented approach for treating juvenile delinquents. Because of the ignorance of the restorative justice concepts by legal and criminal justice professionals and the worry about whether real justice can be achieved outside the court system, restorative practice is not common. In this workshop, I will share with participants on what I have done in promoting such a new concept in Hong Kong. A 15 mins video, which documented the first victim-offender mediation process ever conducted in Hong Kong, will be presented.
Wong, Dennis S. W.. Juvenile crime and responses to delinquency in Hong Kong
This article describes the juvenile crime trend and responses to juvenile delinquency in Hong Kong since the 1970s. It explores how changing conceptions of the causes of juvenile crime have influenced delinquency control policies. Although Hong Kong has a relatively low crime rate, the heavy emphasis on the use of custodial programs over community-based programs is obvious. Whereas the scope of delinquency literature is narrow and the legal professional’s opinion is rather conservative, new initiatives to further advance the juvenile justice system are difficult. Author's abstract.
Kin-man, Tai. Community Involvement in Corrections in Hong Kong
The paper focuses on corrections under the penal jurisdiction of the Correctional Services Department, as well as the community-based corrections under the Social Welfare Department. At any time, there are over 20 non-governmental organizations involved in the work of the correctional system in Hong Kong. They are dominated by religious organizations, which engage mostly in evangelistic activities. Other groups provide reintegration support, prison visits, and counseling services. The Society for the Rehabilitation of Offenders is dedicated to helping ex-prisoners in their reintegration in the community. The Prisoners' Friends' Association provides prison visits, primarily to those prisoners who do not receive visits from relatives or friends. In addition to non-governmental organizations, private individuals from the community are also involved in rehabilitative activities for offenders. These range from evening education classes to hobby classes, sports training, recreation, and character training. The media promotes public awareness of the goals of offenders' rehabilitation.
Wing Lo, T and Harris, Robert J. Community Service Orders in Hong Kong, England, and Wales: Twins or Cousins
Hong Kong was a British colony until July 1, 1997, and it developed CSO's 14 years later than England and Wales. The birth of CSO's in both jurisdictions was strongly influenced by the rehabilitative concepts outlined in the Wootton Report, which originally launched the CSO in England and Wales in 1973; however, Hong Kong has maintained its distinctiveness in emphasizing rehabilitation and reintegration. England and Wales, on the other hand, have given higher priority to the retributive goal of the CSO. The recent renaming of the CSO as a community punishment order has confirmed this priority. In Hong Kong, the 1997 takeover presented the risk that Chinese legal and penal practices might contaminate the British-based system of law and criminal justice; however, this has not happened with respect to the CSO's, as personalized social services that contain elements of restorative justice have been persistently advocated. The CSO's in both jurisdictions thus look more like cousins. If current trends in Hong Kong and England and Wales continue, CSO's will move toward restorative justice. The incorporation or the reparative elements advocated in restorative justice might confer greater perceived legitimacy on CSO's. The authors of this paper argue that one way to achieve restorative justice in CSO's is to involve victims in the choice of community service to be performed by the offender, thus promoting both the rehabilitation of offenders and the empowerment of victims to seek appropriate reparations. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Gray, Patricia. Community corrections and the experiences of young male offenders in the Hong Kong youth justice system
In this article, Gray compares and contrasts England and Hong Kong in terms of "deinstitutionalization" and "decarceration" in youth justice policies. Because of legal changes, the number of juvenile offenders sentenced to custody fell noticeably in England in the 1980s and early 1990s. In contrast, and despite the influence of English legislation and policies, large numbers of juvenile and young adult male offenders continue to be placed in residential and custodial institutions in Hong Kong. To explore this situation, Gray looks at the following subjects: deinstitutionalization, decarceration, and the collapse of the rehabilitative ideal in the West; the concept of rehabilitation in Hong Kong; prospects for a developmental approach to youth justice in Hong Kong; and possible paths to community-based rehabilitation programs within the cultural context of Hong Kong.
Hayes, Hennessey and Morris, Allison and Maxwell, Gabrielle and Hayes, Hennessey. Conferencing and Restorative Justice
Family group conferences in the New Zealand youth justice system have been the centre of international interest since they were introduced there in 1989, and they have since been imitated by a number of countries. Enabling legislation for juvenile offenders has been passed in New Zealand, Australia, England and Wales, Canada, Ireland, and Singapore. Also in New Zealand, legislation has been passed for adult offenders. Various versions of conferencing for young offenders have been introduced in Belgium, Hong Kong, Japan, the Netherlands, South Africa, Sweden, and the United States. More recently, new initiatives have been taken to introduce restorative conferencing in Brazil and Argentina for both adults and young people. In this chapter, we describe restorative justice conferencing for juveniles with a particular emphasis on New Zealand and Australia and assess the extent to which it can be said to reflect restorative justice processes and to result in restorative justice outcomes using research chiefly drawn from Australasia and North America. In addition, we examine data on the extent to which conferencing can reduce re-offending. But first, we discuss the development of restorative justice conferencing. (excerpt)
Maxwell, Gabrielle and Wing Lo, T and Wong, Dennis and Maxwell, Gabrielle. Diversion From Youth Courts in Five Asia Pacific Jurisdictions: Welfare or Restorative Solutions
This article examines how juvenile offenders are diverted from prosecution in juvenile courts in five Asia Pacific jurisdictions: Queensland, Australia; New Zealand; Hong Kong; Singapore; and China. In all of these jurisdictions, there has been a trend away from punitive and retributive approaches to the diversion of juvenile offenders from prosecution in a court to the community-based welfare model and the restorative model. The community-based welfare model relies primarily on counseling, community support, and educational assistance and is usually led by professionals. This model tends to categorize juvenile offenders as having problem behaviors and emotional conditions that require treatment and supervision. The restorative model emphasizes the accountability of juvenile offenders for the harms their behavior caused and uses negotiation among the youth, their victims, and the youth's family to develop measures for repairing the harm done and addressing the youth's behaviors that caused the harm. This model limits the involvement of professionals in decisionmaking about the disposition of the case. New Zealand and Queensland use the restorative model. Criticisms of this model have included the lack of due process and protections for the rights of offenders, as well as the potential for undue influence by the police. Hong Kong and Singapore have adopted a traditional rehabilitation and welfare orientation whereby police divert juveniles from the courts through police cautions and referrals to community support and guidance services operated by social workers. In China, community-based practices such as police cautions, mediation, and educational assistance are used in diverting youth from court-based processing. Community-based sanctions are particularly susceptible to the influence of personal power and persuasion, and outcomes may favor those who have close affiliations with or hold powerful positions in the government. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.
Editor. New Zealanders Awarded the 2005 International Prize for Restorative Justice.
Kim Workman and Jackie Katounas were awarded the 2005 International Prize for Restorative Justice. The Prize recognizes significant contributions to advancing restorative justice around the world. It is presented every two years by the Centre for Justice and Reconciliation at Prison Fellowship International (PFI) and is made possible by a gift from Prison Fellowship Canada. The winners were announced during PFI’s International Council Meeting, held August 14-17 in Hong Kong.
Wong, Dennis S. W.. Restorative Justice for Juveniles in Hong Kong: Reflections of a Practitioner
Having studied different types of juvenile justice models and practised various kinds of therapeutic methods, I find restorative justice (RJ) an appropriate answer to my first question. I also believe that RJ is a balanced strategy, and that it can be put into practice through various conferencing and mediation techniques. I will not attempt to provide explanations about why I find RJ so powerful now, but you will get the answer after knowing about our recent works more thoroughly. (excerpt)
Wong, Dennis S. W.. Using Restorative Strategies to Tackle Bullying
Bullying affects a substantial number of children and youth in all schools. Like many countries, bullying is an issue of growing concern to parents, teachers and social workers in Hong Kong. In general, bullying is defined as repeated oppression, physical or mental, of a less powerful person by a more powerful person or group of persons. It occurs where there is an imbalance in power between people, and it is a persistent or continued unwelcome behavior (Olweus, 1993; Rigby, 1996; Smith & Sharp, 1994). It ranges from simple teasing to violent physical acts. This paper illustrates the growing concern with bullying in Hong Kong and the possibility that it may be the precursor of general juvenile delinquency or youth violence. Apart from highlighting some recent incidences and research results of bullying in the community, this paper discusses the negative spiral effect of bullying and a restorative anti-bullying strategy for tackling the problem. Author's abstract.
Lee, Stephen. Developing Restorative Justice in China
China’s changing social situation and the growth of social services has left the door open for the emergence of restorative justice. Following an annual Symposium of China Ministry in California, a memorandum of understanding between Prison Fellowship Hong Kong and Nanjing University was entered into that established the Nanjing University Crime Prevention and Control Research Centre. The Centre combined practical services with academic research to improve offender rehabilitation and to implement restorative justice practices in China. It was thought that the principles of restorative justice would fit well with the Chinese philosophy of “Willingness for Peace." Following the establishment of the Centre, a joint project with Nanjing Women Prison resulted in the provision of inmate counseling services. The program underscored the importance of appreciating the crime process and the prior life experiences of the offender. The importance of restorative justice was highlighted when it was realized that many offenders had previously been victims; a restorative approach addresses the victim’s needs, thus reducing the chances of them becoming future offenders. Restorative justice in China can hopefully play a part in making this a more harmonized country. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Wong, Dennis S. W.. School Bullying and Tackling Strategies in Hong Kong
In view of the rising problem of school bullying in Hong Kong, scholars have endeavored to study the prevalence, causes, and tackling strategies of school bullying. This article highlights some typical incidences of school violence and reports research results of school bullying. It is noted unresolved school bullying problems are often a precursor of school violence and delinquency. Based on results from local studies of bullying, this article identifies risk and protective factors that contribute to the emergence and continuation of the bully-victim problem in Hong Kong. The article argues that suppressive tactics, such as reprimanding bullies, calling parents to school, and suspension, are ineffective. Other than suppressive tactics, adopting a comprehensive antibullying strategy such as assisting students to develop adequate self-competency, strong social skills, and good relationships with parents and teachers seems to be a useful antiviolence strategy. Author's abstract.
Wong, Dennis S. W.. Developing Restorative Justice for Juvenile Delinquents in Hong Kong
This paper focuses on development of restorative justice in Hong Kong. Restorative practices are now rapidly gaining acceptance in many countries around the world. In Hong Kong, social workers have been adopting different kinds of restorative practices in a number of settings recently such as family mediation, neighborhood disputes settlement, commercial disputes resolution, and post-court victim-offender mediation. In order not to confuse readers, this paper narrows the scope of discussion to discussing the restorative justice for juvenile delinquents only. By contrasting the existing retributive justice model which has been already in place, I argue that there should be R.J. developed to take care of victims’ needs, and to help offenders be integrated into the community. Author's abstract.
Wai-To Chan. Current Trend of Criminal Justice- Review of Victim Programmes in Hong Kong and Victim Offender Mediation & Advocacy
Chan Wai-to begins with the observation that the criminal justice process has generally focused on the details of an actual offense and the judicial disposition of the offender. As a result, victims of crime often do not receive proper attention in the criminal justice process. More specifically, the current provision of victim programs in Hong Kong is hampered by the absence of a sound philosophical basis for attention to the victim. In view of this situation, Wai-to contends that the enforcement of a Victim’s Charter and the use of offender/victim mediation and reparation would promote restorative justice in Hong Kong. To make this case, Wai-to examines existing victim programs in Hong Kong, critiques of such programs, and potential ways to advance victim rights and assistance in a restorative scheme.
Wai-To Chan. Victims of Crime: A Critical Review of Essential Programmes in Hong Kong
Overall, Hong Kong does not have sound, comprehensive, and well-coordinated victim programs. The primary victim-support features are statutory provisions for compensation orders and criminal and law enforcement injuries compensation, along with voluntary efforts by nongovernmental organizations such as Harmony House for Battered Wives, Serene Court of Christian Family Service Center, and Services for Sexually Assaulted Victims. The mandated compensation scheme has been criticized because only those crime victims with "serious" injuries, as defined by medical examiners, have an incentive to apply for compensation. "Serious" injuries are accorded a minimum of 3 days of sick leave from work. Although this rule does not apply to cases in which the victim is killed or sustains permanent disability, or when the victim incurred injury while trying to prevent a crime, the effect is that the compensation scheme does not encourage victims with less serious injuries to apply for the compensation they need. Also, rather than focusing on victims' needs, the compensation boards tend to follow the concept that only "deserving" or "innocent" victims warrant compensation. The voluntary welfare sector has been more responsive than the government to the increasing incidence of family violence and the needs of sexual assault victims. The existing system of victim services is based on the "care" or "welfare" model, under which the community should absorb the burden of severe hardship suffered by individual citizens as a consequence of misfortunes. The "retributive" model is also evident, under which the victim is compensated in accordance with the damage inflicted by the offender. The author advocates improving the conceptual basis for victim programs in Hong Kong under the model of restorative justice, which emphasizes restitution as a means of improving the conditions of both victims and offenders. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
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