Law Commons^™

Cyberspace Governance In China, Kam C. Wong

Kam C. Wong

This book begins with an investigation into the latest development of Internet in China. This is followed by an exploration of the nature, prevalence and distribution of computer crime. Following that the PRC’s cyberspace regulatory regime is detailed. Finally, various recommendations in improving cyberspace governance and Internet regulation are proposed.

The Hong Kong report begins with an investigation into computer usage and Internet penetration in Hong Kong. This is followed by investigation into the “discovery” of cybercrime as a cognizable phenomenon in Hong Kong. The report then explores the nature, prevalence and distribution of computer crime in Hong Kong. All …

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 …

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

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 …

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?

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 …

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 …

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 …