Jane Richards on Discrimination against Defendants with Disabilities in the Hong Kong Criminal Justice System: Unfitness to Plead Rules, the Insanity Defence and Disposition Orders (HKLJ)

"Discrimination against Defendants with Disabilities in the Hong Kong Criminal Justice System: Unfitness to Plead Rules, the Insanity Defence and Disposition Orders"
Jane Richards (PhD candidate)
Hong Kong Law Journal, 

2021, Vol. 51, Part 3 of 2021, pp. 875-916

Abstract: In 1996 and 1997, in recognition of the inappropriate outcomes available for people who have mental disabilities and commit crimes, the Hong Kong Government introduced legislative reforms. These reforms aimed to ensure that people with mental disabilities would not be detained indefinitely without proof that they had committed the physical element of the crime and also sought to give judges broader discretion in the range of disposition orders available. This article analyses those legislative reforms and finds that they were largely successful in achieving their policy objectives. However, in light of Hong Kong’s obligations under the Convention on the Rights of Persons with Disabilities, the analysis also shows that Hong Kong’s legislative framework discriminates against persons with mental disabilities who are accused of criminal offences or who receive an insanity acquittal. The article concludes that further reform is needed; however, what this should look like is unclear.