祖国大陆与我国香港地区毒品犯罪比较

毒品犯罪是全球性的问题,引起了全世界的关注。如何减少和预防毒品犯罪,各国和地区都在作不懈努力。从香港地区毒品犯罪的历史发展,比较香港和大陆地区在持有毒品犯罪,走私、贩卖、运输、制造毒品罪,毒品原植物犯罪,非法提供麻醉品、精神药品罪等犯罪上的不同,及香港毒品犯罪的综合治疗措施的差异,有助于大陆和香港地区在求同存异的基础上加大司法领域的合作,共同应付毒品犯罪。     

Hong Kong triads after 1997

This paper reports on triad activities in Hong Kong from 1997 to 2004. In opposition to the popular view that mass triad migration to Western countries would occur around the period when Hong Kong was turned over to Mainland China in 1997, what has actually happened is that in the last decade Hong Kong triad members have increasingly been found to enter the Chinese market. There are three general trends of triad activities in Hong Kong. First, triad members from various societies group together to run profitable criminal projects. Second, they team up with legitimate entrepreneurs to monopolize a newly developed market. Lastly, triad members increasingly invest in legitimate businesses. Sun Yee On, Wo Shing Wo, and 14K are selected to be three case studies that illustrate the latest development of triad societies. The data for this paper are largely based on the author's research on triads in the last ten years, and on recent in-depth interviews with anti-triad police officers and different informants in Hong Kong.     

Dragon brothers and tiger sisters: A conceptual typology of counter-cultural actors and activities of American Chinatowns, China, Hong Kong, and Taiwan, 1912–2004

In the past 20 years, criminal activities directed by Chinese, Hong Kongese, and/or Taiwanese have increasingly become a mainstream topic in criminology and criminal justice. Despite the fact that many books, reports, articles, and monographs on the Chinese, Hong Kongese, or Taiwanese organized crime enterprises (as well as gangs) have been published, a comprehensive conceptual framework which would assist criminologists and criminal justice professionals in examining the political, religious, social and other aspects of structured counter-cultural activities and major players in China, Hong Kong, Taiwan, and American Chinatowns seems not to have been proposed yet. The purpose of this paper is to advance a typology that would help academics and law enforcement agents to identify and evaluate the diversities of underworlds of China, Hong Kong, Taiwan, and American Chinatowns. This taxonomy consists of three factors: organizational structure, participation in politics or revolutionary movements, and ideology. Each of these variables is further divided into complicated/loose, frequent/infrequent/, and distinctive/indistinctive levels. Based on such a categorization, the counter-cultural elements of China, Hong Kong, and Taiwan during the period of 1912 to 2004 are classified as CFD, LFD, CFI, LID, CID, CII, LFI, and LII types, as can be characterized respectively by Republican Revolution-involved Triads and tongs; ultra-nationalists; the Shanghai Green Gangs of the 1920s and 1930s; modern Green Gangs; organized Chinese refugee gangs; Chinese-controlled pirate groups; jiaotou brothers of Taiwan; and ordinary Chinese/Taiwanese street gangs.Hua-Lun Huang (hxh0555@louisiana.edu edu) is Assistant Professor of Sociology at the University of Louisiana, Lafayette. His specialized areas include Chinese and Japanese secret societies, Chinese and Japanese organized crime, and pirates of East Asia.     

影像中的有组织犯罪亚文化——以香港黑社会题材电影为例

文化是一个十分模糊的概念，但它的表现形式十分具体。研究跨国有组织犯罪的角度可以有很多，其中黑社会组织犯罪的文化形式可以是其一。作为一种传播广泛的媒体形式，电影与文化生活的互动频繁。以黑社会为题材的电影是华语电影的重要组成部分，其中属香港涉黑题材电影最为典型。电影投射出的黑社会组织犯罪有许多符号，较为突出的包括神秘、“义”、身份认同、崇尚暴力和拜金。而这些只是现实中的香港黑社会组织犯罪亚文化的抽象与简化。尽管如此，研究涉黑题材的香港电影还是能从一个侧面了解现实中的黑社会组织犯罪，回答为什么黑社会摆明了是有组犯罪的姿态却仍然让有些人加入而深陷其中的问题。     

Preferences for Police Response to Domestic Violence: A Comparison of College Students in Three Chinese Societies

While a large amount of research has been conducted in the West on domestic violence related issues, only a small number of studies have focused specifically on Chinese societies. Using survey data collected from Beijing, Hong Kong, and Taipei, this study compares college students’ preferences for traditional and proactive police intervention into domestic violence and assesses the determinants of such preferences in the three Chinese societies. The findings indicate that Hong Kong students showed the highest level of support for traditional police response, followed by students in Beijing and Taipei, while students in Taipei displayed the strongest preference for proactive police response, followed by students in Hong Kong and Beijing. College students’ preferences for traditional police response were shaped mainly by their locality, whereas their preferences for proactive police intervention were influenced chiefly by their attitudes toward violence and gender roles. Directions for future research are discussed.     

香港特别行政区的DNA数据库

香港特区的DNA数据库成立于2001年,法例上此数据库直属于香港警务处长,由香港政府化验师代行管理及维护。被定罪人士其罪行最高刑期为监禁7年或以上及任何罪案之疑犯均可被套取其口腔拭子样本,利用美国App lied B iosystem s的试剂进行DNA分型测试。所确立之DNA图谱将上载到由美国FB I(联邦调查局)在2000年免费为香港政府化验所提供的,名为COD IS(Comb ined DNA Index System)的计算机系统;在罪案现场所收集到的不明来历的DNA数据样本亦会被上载到COD IS。被定罪人士及疑犯的DNA图谱会定期与罪案现场的DNA数据在CO-D IS内进行较对以便协助警方调查。本文介绍香港DNA数据库的操作,其中包括统计数据的讨论。     

Bureaucratic justice: the incarceration of mainland Chinese women working in Hong Kong's sex industry

Since Hong Kong's return to the People's Republic of China (PRC) there has been a significant rise in the number of Chinese visitors to Hong Kong, including women crossing the border to engage in sex work. Sex work itself is not a crime in Hong Kong, but related activities, like soliciting, are prohibited. Sex work is treated as work for immigration purposes, and visitors who engage in work without an employment visa are breaching their conditions of stay. More than 10,000 mainland Chinese women have been arrested, prosecuted, and sentenced in recent years, causing the correctional population to expand beyond capacity. The authors examine the experiences of 58 incarcerated women in their encounters with the Hong Kong criminal justice system and find that women are processed in a highly routinized bureaucratic manner. They consider the purpose served by the largely bureaucratic form of justice that has emerged in response to migrant sex workers in Hong Kong.     

Anti-triad legislations in Hong Kong: issues, problems and development

One way to tackle triad societies is through effective legislation. The present article first describes and reviews the legislation dealing with triad activities in Hong Kong – The Societies Ordinance – and highlights the main issues and problems. Four issues are discussed, namely ambiguity in the definition of triad membership, doubtful neutrality of triad experts, outdated triad-related literature cited in the court, and the contradiction with human rights and freedom of expression. The article further examines the effect of the ordinance in suppressing triad activities and argues that the law is not very effective in penalizing senior triad members, thus justifying the need for a new legislation to contain the growth of triad activities and organized crime.     

中国内地与香港刑法乞讨罪比较研究

修改后的内地刑法增加了“强迫乞讨罪”，虽然中国内地与香港刑法均有与“乞讨”相关的罪名，由于两地分属不同的法系及两地人权保护理念和社会保障制度完善程度的不同，使两地对有关乞讨行为的法律规制诸如立法时限、犯罪主体、犯罪对象和法律处罚等有较大的差异。     

性犯罪被害人权利保护的域外经验

与一般刑事犯罪被害人相比,性犯罪被害人在获得社会同情的时候,往往又容易被一般的社会舆论所中伤,其所受到的身心损害既持久又不易恢复;因此,美国、英国、德国、澳大利亚、日本、韩国等国家以及我国的台湾、香港地区主要从性犯罪被害人的知情权、参与权、免受二次受害权、请求赔偿和补偿权出发制定一系列非常细化、有效的规范,以实现对性犯罪被害人的特殊保护。     

论内地与香港特区间刑事诉讼转移制度的构建

针对同一起跨境犯罪,内地与香港特区在双方根据各自刑事法律均享有刑事管辖权,且均已启动刑事诉讼程序时,可进行区际刑事诉讼转移,即就该案件刑事管辖权的实际行使达成共识,由一方来行使刑事管辖权,对犯罪予以追究,他方承认实际管辖方所做出的刑事判决。在"一国两制"原则的指导下,中国内地与香港特区间开展刑事诉讼转移的刑事司法合作活动,须遵循"双重犯罪原则"、"有限的犯罪地管辖原则"和"一事不二审原则"。内地与香港特区刑事诉讼转移制度的构建,可以从包括原则、条件、程序和刑事诉讼转移的拒绝4个方面入手予以考虑。     

关于我国惩治黑社会犯罪法的立法思考

我国现行反黑刑事法律对于惩治黑社会犯罪起了积极和建设性的作用,但同时也必须看到,现行法律仍存在着一些亟待完善的地方。针对目前反黑实际,应制订反黑单行刑事法律。我国港澳台地区的反黑刑事立法,对于制订大陆地区反黑单行刑事法律,无疑具有重要的参考价值。     

论香港打击黑社会有组织犯罪的立法与实践

香港《有组织及严重罪行条例》为打击香港地区有组织犯罪提供了重要的法律依据。香港地区在实施加重刑罚、打击洗黑钱犯罪及要求披露犯罪财富等方面的司法实践亦已趋于灵活,并在防止、侦查和打击有组织犯罪的各环节上都已渐见成效。但香港打击黑社会有组织犯罪的立法仍有值得改进的空间,主要是应当提高立法的预防性、前瞻性、完备性和针对性。具体而言,可以从打击黑社会主要犯罪、增设黑社会犯罪新罪名、修改刑法中对黑社会的定义以及考虑充公黑社会财富的特别立法等方面予以完善。     

Chinese Organised Crime

Secret societies have always been endemic to Chinese overseas communities, surviving on fear and corruption and prospering through their involvement in a wide range of legal and illegal businesses. For many years, Hong Kong was seen as the 'capital' of this worldwide Chinese criminal fraternity and, in the 1980s, many outside observers and analysts thought the gangs that were based in the then British colony would leave once it reverted to Chinese rule in 1997. In the end, the reverse turned out to be the case. Not only did the Hong Kong Triads make arrangements with the territory's new overlords, but in Chinatowns all over the world, close links were also forged with mainland Chinese interests. In China itself, where cutthroat capitalism has replaced the old, austere socialist system, new secret societies, both Triad-linked criminal groups and various syncretic sects, are also expanding at a breathtaking pace. An entirely new breed of entrepreneurs is emerging on the fringes of China. The businesslike and well-connected, pinstriped suit-wearing managers of the Sun Yee On Triad have shown where the future lies, while gangsters are breaking new ground in such new frontiers as the Russian Far East, which could have far-reaching consequences for the stability of the entire region.     

The Juvenile Delinquency Problem in Japan: Application of a Role Relationship Model

The purpose of this paper is to seek a better understanding of the social conditions within Japan which may be related to the increasing rates of juvenile delinquency. This trend is in sharp contrast to their overall crime patterns. In fact, as reported by Ames (1981:1), Japan has the lowest crime rate in the industrialized world, and its crime totals have declined since 1955. Within this article, we discuss youth crime trends, explain the applicability of a role relationship model, discuss the breakdown in informal social control/social relationship areas, and suggest implications for Western societies.     

The treatment of Chinese customary law in British colonial Hong Kong

A struggle has been underway in Beijing, othering Hong Kong’s British common law legal system by rhetorically subordinating it as a foreign colonial relic. How did the British develop their Hong Kong governance policies for proper law, as they ruled Hong Kong? These policies developed without resort to all the available scholarship, so that they could other the Hong Kong people into a subaltern group. Hong Kong was already constituted as a township with its own continuing township liturgy, customary ritual and social structure. The colonial administration ignored this, creating a Hong Kong subaltern.     

Fatal pulmonary embolism:: A comparative study of autopsy incidence in Hong Kong and Cardiff, Wales

All autopsy reports from 1990–1994 inclusive of the Department of Pathology, University of Hong Kong and the Wales Institute of Forensic Medicine were examined and cases of death due to massive pulmonary embolism were noted. The incidence of this condition was calculated and found to be insignificantly lower in the Hong Kong series than the Welsh series by statistical analysis, both in the crude incidence in all autopsies and when correcting for different case mixes in the two locations. The majority of cases in both locations were in the over-60 age group. The study helps refute the longstanding belief among Hong Kong physicians that fatal massive pulmonary embolism is rare in Hong Kong (with approximately 98% Chinese population) in comparison with a predominantly Caucasian population.     

Crime Volume and Law and Order Culture

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data from the International Social Science Program (N = 15,024). Controls are taken from major theoretical perspectives on public opinion about crime as well as demographic factors. The results from a hierarchical linear model support the hypothesis that individuals residing in nations with high crime rates are more likely than others to support law and order ideologies. The findings extend the support for this relationship from research based on the US alone to other industrialized societies.     

中国内地与香港特区侵犯著作权犯罪刑法立法比较研究

本文对中国内地与香港特区侵犯著作权犯罪的立法模式、罪名体系、主观要件、客观要件、法律后果等方面进行了全面的比较和分析,并相应指出其差异及优缺点,以期为两地著作权刑事立法的相互吸收和借鉴以及合作打击跨境侵犯著作权犯罪提供理论上的支持。