Resistance to the mainlandization of criminal justice practices: A barrier to the development of restorative justice in Hong Kong

Abstract

This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the “mainlandization” of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as “rule by the people,” “absence of the presumption of innocence,” “leniency for self-confession and severity for resistance,” and “toeing the party line,” RJ would be devoid of any restorative substance and could breach the principles of due process.