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The Idea Of Police In China, Kam C. Wong

Kam C. Wong

Specialized and professionalized police came to China by way of Japan, circ 1889. Western policing, in the guise of bureaucratic, scientific, technocratic and legalistic policing began to spread and take roots in the People’s Republic of China (PRC) after 1979. Given China’s lack of exposure to Western policing it is interesting and useful to investigate into how China comes to police herself through the ages; more pointedly, whether China has her own indigenous conception (or image, or sense) of police? In the words of Deng, what does policing “with Chinese characteristics” looks like, conceptually, organizationally and operationally?

Miscarriage Of Justice In Imperial China:The Case Of “Yang Nai Wu And Xiao Bai Cai”(杨乃武与小白菜)., Kam C. Wong

Kam C. Wong

This article provides an annotated translation of court documents attending to the “Yang Nai Wu and Xiao Bai Cai”(杨乃武与小白菜) case. By reading the court papers we can come to a dipper appreciation of justice is done in imperial China.

Policing With Chinese Characteristics, Kam C. Wong

Kam C. Wong

A review of (occidental) literature on Chinese social control-policing shows that there is an imbalance in research output. There is a lot of research into social control system in imperial China; its historical roots, philosophical foundation, structural framework, and functional process. However, there are very little raw data and research output on how Chinese police worked in the past or PRC public security functions at present.

This book is the only book that provide for a systematic and comprehensive treatment on various aspects of China policing, including: idea (Chapter 2), origin (Chapter 3), history (Chapter 4), education (Chapter 5), culture …

A General Theory Of Community Policing, Kam C. Wong

Kam C. Wong

Introduced in the 1970s (in the United States), community policing is a philosophy and strategy to involve and engage the public to fight crime and improve quality of life in their own community.

A cursory review of literature reveals that in spite of its success there is no scientific – logical, predictable, refutable - theory explaining and explicating, predicting and refuting CP practices. This is a first attempt to do so. The theory being proposed: “State police as a social resource theory” (SRT) is a people’s theory of policing. As such it looks at the nature of crime and functions …

Police Education In China, Kam C. Wong

Kam C. Wong

A comprehensive review of literature shows that there is currently no academic study on PRC police education, in the West. More significantly, a review of a selected comparative criminal justice text books shows that the U.S. students are not being exposed to Chinese criminal justice and policing. The lack of literature on China obstructs comparative criminal justice (police) research.

This article of first impression seeks to provide an overview PRC police education system.

This article is organized as follows. To anchor the study, Section I provides a brief review of literature on general theory and best practice of police education …

Cyberspace Governance In The People’S Republic Of China, Kam C. Wong

Kam C. Wong

This project investigates into and reports upon computer related crime and control in China. Particularly, it investigates into the nature and extent of computer related crime in China and reports upon the effectiveness of legal measures addressing computer related crime. This research project is a first attempt to study cyberspace governance and Internet regulations in China with indigenous PRC data and from a China perspective

Study Of Policing In China, Kam C. Wong

Kam C. Wong

This article is a critique of Western approach to the study of Chinese policing, with a proposition, i.e., the study of policing in China should be conducted from bottoms up and inside out, by adopting an indigenous perspective and as informed by local data. This article is organized into three sections. Section I discusses “Problems with the Study of Chinese Policing in the West.” It points out that Western study of Chinese law and policing is factually ill informed and theoretically unsubstantiated. Section II: “Policing with Chinese Characteristics: Another Approach” argues for the studying of Chinese policing from inside out …

Chinese Jurisprudence And Hong Kong Law, Kam C. Wong

Kam C. Wong

On July 1, 1997, Hong Kong, a colony (euphemistically called dependent territory) of Britain, was returned to the fold of the motherland, China, as a Special Administration Region (SAR), with a high degree of autonomy. Ten years on, we find that the common law system established by the British in Hong Kong, as guaranteed by the Basic law, survived and thrived. A cursory review of legal and social science literature shows that there is little scholarly discourse or public debate on the proper jurisprudential standards to be applied in the making and evaluating Hong Kong legislation. This research raises a …

Chinese Thinking On Crime And Punishment: Old And New, Kam C. Wong

Kam C. Wong

ABSTRACT As a scholarly discipline, criminology in China is growing in stature, maturity, and utility. To date, there are very few investigations into Chinese thinking of crime, punishment and control in China. This is a first attempt to do so.

The article begins with an exploration of “Literature on law, crime and punishment in China.” This is followed by discussions on “The idea of crime (“Fanzui”),” “Traditional thinking on crime and punishment in China,” and “Contemporary thinking on crime and punishment in China.” Finally, the conclusion summarizes what we have learned.

How Chinese E-Public Feel And Think About Corruption, Kam C. Wong

Kam C. Wong

On June 23, 2004, the China National Auditing Office stunned the nation with the submission its 2003 Audit Report to the National People’s Congress of the People’s Republic of China. The Audit Report uncovered extensive financial improprieties and egregious budgetary irregularities within various government offices and by many local officials. A systematic review of literature uncovers no investigation on the Chinese people’s reception and reaction to the Audit Storm. This is a first attempt to do so.

This is a research into the “feelings” and “thinking” of Chinese internet users on (anti) - corruption in China. Specially, it tries to …

Idea Of Terrorism In China, Kam C. Wong

Kam C. Wong

This research investigated an old political problem in a new cultural context: what is the idea of terrorism in China? Specifically, this research posed two inter-related research questions in search of an understanding of terrorism on Chinese soil: how did China conceive of terrorism in the imperial past? What is China’s conception of terrorism in the communist present?

The Study Of Criminology (犯罪學) In China, Kam C. Wong

Kam C. Wong

As a scholarly discipline, criminology in China is growing in stature, maturity, and utility. In a short 30 years since 1979, China has successfully established criminology as a scientific field of study with well defined subjects, recognized scholars, and copious research/publications.

To date, there is very few systematic and comprehensive study of criminology (in English language) as an emerging and important field of academic discipline in China. As a result, we know very little about its focus and scope, direction and trend, theories and findings, problems and issues. This is a first attempt to do so.

The article begins with …

Policing Hong Kong Police, Kam C. Wong

Kam C. Wong

This paper is about HKP power, its proper exercise and effective control, i.e. police accountability, thus the title “Policing the HKP.” This is a first attempt to provide for a comprehensive, descriptive, and analytical account of the police accountability system in Hong Kong.

Hong Kong Interception Of Communications And Surveillance Ordinance: A Critical Assessment, Kam Wong

Kam C. Wong

ABSTRACT On August 6, 2006, the Hong Kong Legislative Council passed the Interception of Communications Surveillance Ordinance (ICO) in Hong Kong. The ICO is a first successful legislative attempt by the Hong Kong government to regulate the interception of citizens’ private communications. A review of the literature finds no comprehensive, systematic and critical assessment of the IOC since its passage. This is a first attempt to do so. As a critique, this article makes seven observations. First, viewed in a historical context, the ICO is a politically mature legislation. Second, viewed in a legal context, the ICO is a constitutionally …

Usa Patriot Act: The Impact Of Usa Patriot Act On American Society: An Evidence Based Assessment, Kam C. Wong

Kam C. Wong

No abstract provided.

Retribution And Corporate Crime, Kam C. Wong

Kam C. Wong

This paper explores the issue of whether the retribution theory can be applied as a justification for or as an assessment of corporate criminal punishment.

The fact that the white-collar criminals are being treated more leniently is no longer in doubt. The only question is whether the disparity in treatment is justified or more to the point whether it is fair? Issues of fairness in punishment are properly the concerns of retributionists. Ultimately, the question that needs to be answer is: on account of our understanding of the retribution theory what punishment properly fits corporate crimes and criminals? More generally, …

“Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis)”, Kam C. Wong

Kam C. Wong

On September 11, 2001, terrorists attacked America without warning, killing 2749 in New York City alone. 9/11 precipitated a renew call for stricter monitoring of foreign visitors. Consequently, the Congress passed the USA PATRIOT ACT on October 26, 2001 mandating the establishment the Student and Exchange Visitor Information System (SEVIS) by January 30, 2003. SEVIS was designed to track and monitor international students electronically while they are in the United States.

A cursory review of literature informs that there is no comprehensive and systematic study of the SEVIS related implementation problems and issues, especially from the university administration perspective. This …

Understanding Prc Criminal Justice Process: Anatomy Of The “Big Spender” Case, Kam C. Wong

Kam C. Wong

On October 20, 1998 Cheung Tse-keung, also known as the “Big Spender,” and 35 others accomplices went on trial in China for a host of criminal charges, ranging from murder to kidnapping to smuggling of explosives committed in Hong Kong and China from 1991 to 1997. The “Big Spender” case made legal history in Hong Kong and China. It is the first time a Hong Kong legal resident (Cheung Tse-keung) was prosecuted, tried and executed in China under the PRC Criminal Law for criminal conduct largely perpetrated in Hong Kong. As such, it tests for the first time the criminal …

Fighting Cross-Border Crimes Between China And Hong Kong, Kam C. Wong

Kam C. Wong

This article is a first attempt to investigate into HKP and PSB cooperative practices in dealing with cross-border crimes penetrating the two jurisdictions, in the backdrop of “one country two systems” political settlement, provided for under the Basic Law oh Hong Kong. It is hoped that findings from this investigation can be used to inform upon future discussion and facilitate prospective handling of cross-border crimes and criminals.

This article is organized into six parts. After this brief introduction, Part II: “The nature and extent of cross-border crime problem in China” informs upon the nature and extent of cross-border crimes in …

Confucianization Of Qing Law Ii, Kam C. Wong

Kam C. Wong

In traditional China, the Confucians proposed to govern people with li (rites) and by means of ren (benevolence). The legalists wanted to govern the people with fa (law) and with the use of xing (punishment). Confucianization of the law integrated these two schools of contending philosophical thoughts, i.e., Confucian (“ru jia”) vs. legalist (“fa jia”), in search of a better way to govern China. Confucianization of the law in merging these two schools of thought proposed that: firstly, law should adopt Confucian ethical values and principles, and, secondly, Confucian ethical rules should be enforced by law. Though the Confucianization of …

Beat Patrol Deployment In Hong Kong, Kam C. Wong

Kam C. Wong

On March 14, 2001 a young Hong Kong Police (HKP) Constable (PC) Leung Shing-yan was shot and killed in the line of duty. The incident aroused a fierce public debate as to whether HKP should adopt a one-officer (single beat or SB) vs. two-officers (double beat or DB) patrol deployment policy. This article addresses critical policy issues raised in the SB vs. DB debate. How should such a policy debate be resolved? What are the pros and cons of both patrol deployment measures？More importantly, what immediate and effective remedial steps can be taken to secure the front line police officers’ …

Federalization Of Local Criminal Justice Procedure: A Study Of Conflicts In Values And Process, Kam C. Wong

Kam C. Wong

This article is an investigation into why the U.S. federal courts have failed to effectively control local police conduct by means of constitutional rules. In so doing, the article finds that the federal courts’ approach to the control of police abuse of power – federalization and constiotutionalization of criminal procedures – is ill informed of the nature and essence of police work within the community context and at the grassroots level. Particularly, it fails to take into account the structural and normative forces giving rise to police abuse. The central thesis of this paper is that the federal courts’ constitutional …

Origin Of Communist Policing In The People's Republic Of China, Kam C. Wong

Kam C. Wong

This is an investigation into the origin of Communist policing in the People’s Republic of China (PRC). Existing literature on the PRC police (baowei, gongan, jingcha) are not in agreement as to the origin of Communist policing. Most sources, particularly western ones, point to the formation of the Ministry of Public Security in November of 1949 as the origination of Communist police. Others, particularly the PRC police historians, have traced the starting date to November of 1931 when the Chinese Soviet government in Shan-Gan-Ning border area established the Political Security Department (zhengzhi baoweiju). Still, a minority have suggested that Communist …

Black's Theory On The Behavior Of Law Revisited Iii: Law As More Or Less Governmental Social Control, Kam C. Wong

Kam C. Wong

In 1976 Donald Black introduced a scientific social theory on The Behavior of Law. Black defines law as “governmental social control.” In 1997, Wong restated Black’s concept of law as “more or less governmental social conrol.” Law as more or less governmental social control exists when the government endorses private social control activities or otherwise delegates social control powers to private parties. This research used Wong’s restatement of Black’s concept of law to investigate the law enforcement role and functions of the Strike Committee during the Canton-Hong Kong strike (1925-1926). It found that during the Canton-Hong Kong strike the KMT …