This essay explores the human rights situation in Hong Kong prisons. The main problem of the all prison facilities is overcrowding of inmates which means the capacity of prisons is not sufficient to accommodate the present number of prisoners…
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Hong Kong has a rich economy and has been one of the biggest centers of trade in the world. According to the Joint Declaration, in 1984, Chinese government signed a treaty not to change the laws in Hong Kong, established by British Government, during its reign. According to this treaty, all the laws in Hong Kong, except foreign affairs and defense, will remain in tact till 50 years after declaration. The International Covenant on Civil and Political Rights or the ICCPR, along with The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, governs the human rights standards for prisoners in Hong Kong. ICCPR aims to require that every imprisonment should be a basis of social reform and no prisoner should face inhuman or cruel treatment without any discrimination. Article 10 of ICCPR states that: “1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as un-convicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.”...
s that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms” And, so far juvenile prisoners are concerned, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, also called as the Beijing Rules. However, after Hon Kong had been given back to China, several questions were raised as to the applicability of United Nations Standard Minimum Rules for The Treatment of Prisoners, as, unlike Britain, China had not signed for it. Hong Kong has overall twenty-two penal facilities, along with adult prisons, juvenile facilities, drug addiction treatment facility and remand facility for prisoners waiting for trials, under the administration of Correctional Services Department (CSD), also known as Hong Kong correctional services, with a total capacity of more than 10,000 inmates excluding Vietnamese detention centre. However the number of prisoners in Vietnamese detention centre is far more than the rest of the facilities. CSD, a quasi-military agency, has around 10,000 employees with around 5,000 working staff. They are only allowed to carry wooden batons, only in male prisons, inside the prison unlike military prisons. They are well trained, before their appointment, and completely aware of their responsibilities inside the prisons. The staff appointed, inside prisons, is of the same gender as of the prisoners. The operations of CSD are mainly regulated by the Prison Ordinance, 1954 and the Prison Rules, 1954 and the agency is subject to report to the Department of Security. In addition to it, several other laws are also enacted like the Drug Addiction Treatment Ordinance, Immigration Ordinance for the Vietnamese migrant, the Detention Centre Ordinance and the Training
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