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Hong Kong courts
Opinion
SCMP Editorial

Editorial | Justices of the peace play important role

  • It is incumbent upon those institutions managing the visits to keep reinforcing the system so the basic rights of those in custody are taken care of appropriately

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The Ombudsman, Winnie Chiu Wai-yin, in a file photo. Her office  recently announced the completion of an investigation into the operational arrangements for statutory visits under the Justices of the Peace Visit Programme. Photo: Handout

There are reasons why some colonial legacies are still preserved in Hong Kong. The visits to prisons and other custodian institutions by justices of the peace (JPs) are one of them. The arrangements may seem archaic today, but they provide an independent channel for the underprivileged to lodge complaints and help ensure their basic rights are safeguarded.

Credit goes to the Ombudsman for identifying inadequacies in a long-standing system that has been taken for granted. For instance, some institutions did not immediately announce that the JPs had arrived for a surprise visit. Some also failed to inform those in custody or hospitalised that they could request to meet the JPs in private.

Separately, the institutions usually prepare checklists on facilities, treatments and the like for JPs to examine, but some items may be too generalised and go unassessed in the end. There were also inconsistencies across departments regarding informing JPs and the complainants of the outcome of complaints, according to the report.

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The watchdog considered the operation of the visit programmes smooth in general. But the “room for improvement”, as reflected in no fewer than 13 recommendations in the investigation report, underlines the need for closer supervision. This is especially important as the system affects tens of thousands in correctional institutions, detention centres, psychiatric hospitals, remand homes, places of refuge, probation homes, and reformatory schools managed by various official agencies.

The existing some 1,800 JPs have more than honorary titles. Their primary role is to visit custodial sites and detained persons to ensure the rights of those in custody are safeguarded through a system of regular visits by trusted, independent people.

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