根据A v Secretary for Justice and Another【2020】hkcfi 427，香港因错误定罪/司法不公而获得的赔偿；hcal 176/2018（2020年3月11日）

Q3 Social Sciences

International Human Rights Law Review Pub Date : 2021-11-29 DOI:10.1163/22131035-10020005

J. D. Mujuzi

{"title":"根据A v Secretary for Justice and Another【2020】hkcfi 427，香港因错误定罪/司法不公而获得的赔偿；hcal 176/2018（2020年3月11日）","authors":"J. D. Mujuzi","doi":"10.1163/22131035-10020005","DOIUrl":null,"url":null,"abstract":"\nArticle 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Compensation for Wrongful Conviction/Miscarriage of Justice in Hong Kong in Light of A v Secretary for Justice and Another [2020] hkcfi 427; hcal 176/2018 (11 March 2020)\",\"authors\":\"J. D. Mujuzi\",\"doi\":\"10.1163/22131035-10020005\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nArticle 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.\",\"PeriodicalId\":13730,\"journal\":{\"name\":\"International Human Rights Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-11-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Human Rights Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/22131035-10020005\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Human Rights Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/22131035-10020005","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}

引用次数: 2

摘要

《公民权利和政治权利国际公约》第十四条第六款规定了对错误定罪或误判获得赔偿的权利。在香港，有两项针对被错误定罪人士的赔偿计划，即《人权法案条例》第11（5）条下的法定计划和特惠计划（同样适用于错误监禁）。虽然香港法院曾处理过根据特惠金计划获得赔偿的权利的案件，但直到2020年3月，高等法院才在A诉律政司司长和另一案中首次处理了根据第11条第（5）款获得赔偿权利的案件。在这篇文章中，提交人讨论了香港因错误定罪而获得赔偿的权利，特别是根据《人权法案条例》第11（5）条。提交人处理A诉律政司司长及另一人一案，并说明高等法院对《人权法案条例》第11（5）条的解释可能会对香港日后因错误定罪而获得补偿的权利产生影响。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

Compensation for Wrongful Conviction/Miscarriage of Justice in Hong Kong in Light of A v Secretary for Justice and Another [2020] hkcfi 427; hcal 176/2018 (11 March 2020)

Article 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

International Human Rights Law Review Social Sciences-Law

CiteScore

0.80

自引率

0.00%

发文量

期刊介绍： The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.