When an offence has been committed there is a moral and social obligation that the perpetrator be tried and convicted. Every criminal justice system has devised a mechanism to bring about this desired effect. The hypothesis here demands an investigation of the two modes of trial that are implemented in the 'democratic' world and whether the system employed in the Hong Kong Magistrates leans to one system over the other.
Adversarial system:
Ask any layperson and his/her perception of a criminal trial will be akin to an adversarial model. As the name suggests the trial is conducted between two parties (the defence representing the accused, the prosecution representing the victim ) going against one another, with a neutral judge or jury to be the final arbiter in determining which side of the facts represents the truth. The main feature of this mode of trial is that the truth is established by means of a 'contest' between the two parties.
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