Hong Kong courtroom proceedings ensure a level playing field
Article 25 of the Basic law declares that “All Hong Kong residents shall be equal before the law” . However, in Hong Kong courtroom proceedings, in my opinion do not ensure a level playing field. The reason being in Hong Kong has established a well-organized legal system procedure. Level playing field refers to the fairness and justice in the process of reaching conclusion of a trial. However, there are some factors that may affect the fairness and justice such as the professionalism of jury, the misleading in the adversary system and the language barrier. In this essay, I am going to suggest some advantages and limitations of the courtroom proceedings to show how these factors may affect the fairness of a decision. One major factor ensuring a level playing field is the responsibility of the jury. The jury consists of seven people randomly selected from different areas of the community. Jury is a representation of the public, and its role is to analyse the facts of the case objectively as a reasonable person, and to decide as a group whether the defendant is liable for his conduct . The Jury’s main role is to assist the judge to reach a conclusion and they are not responsible for the decision as to the sentence .
The language of law is quite different from normal English. This language barrier may cause some difficultly for people without a high degree of education, even for the educated ones, because the language of law is so formal and contains a lot of argots that can only be understood by occupation itself, there may be still some misunderstanding such as communication problems between these people and the lawyers and the judges. Most courtroom proceedings operate in English, I myself as a university student did not have full understanding of the language in the court, and 98% of Hong Kong inhabitants claim Chinese to be their native language. In courts, the use of English and Chinese are common, and hence without complete knowledge of both languages, this could lead to an unfair playing field because of these types of people. However, It is not that ideal in reality. People are emotional and sometimes they may not see the issues objectively as different people have different values and beliefs. For example, from the video “Trail Consultancies”, the jury was selected scientifically from the mock trial to attend in a sexual harassment case, there were more male juror’s than female juror’s, as a result, the defendant did not get convicted for his conduct because the jury contained male and hence they were less sensitive to the issue. There is also a professionalism problem I observed from the court that the jury wa
Some topics in this essay:
Chinese English,
Hong Kong,
Language Barrier,
Courts English,
English Chinese,
playing field,
level playing field,
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hong kong,
language barrier,
courtroom proceedings,
fairness justice,
adversary system,
language law,
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Approximate Word count = 962
Approximate Pages = 4 (250 words per page double spaced)
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