Tuesday, October 16, 2018

Embedded Courts Awarded 2018 Distinguished Book Award of the Asian Law & Society Association

Congratulations to Professor Frank He, whose co-authored book, Embedded Courts: Judicial Decision-Making in China (Cambridge University Press 2017) (with Kwai Hang Ng of University of California, San Diego) was awarded the 2018 Distinguished Book Award of the Asian Law & Society Association (ALSA).  The award will be presented at an award ceremony to be held during the ALSA Conference on 1 December 2018 at Bond University.
    Embedded Courts "offers a penetrating discussion of the operation of Chinese courts... [and] explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts" (CUP website).
     ALSA was established in 2015 with the aims of fostering scholarship and engaging the broader research community. It succeeds the East Asian Law and Society Collaborative Research Network (CRN 33) of the Law & Society Association as the regional body. Its executive office is housed at Waseda University, Japan. ALSA aims to develop the Asian law and society field into a vibrant and cohesive discipline. Its annual meeting provides a timely platform to define the field, advance theory, and cultivate empirical work and new scholarship.
     This year the selection committee consisted of Setsuo Miyazawa (Chair and Immediate Past President of ALSA), Nick Cheesman (Australian National University), Matthew Erie (University of Oxford), Eric Feldman (University of Pennsylvania) and Dimitri Vanoverbele (Catholic University of Leuven). The awards will be presented at the ALSA 2018 Conference, from 29 November to 1 December 2018, at Bond University in Australia.

Sunday, October 14, 2018

Amanda Whitfort on the Duty to Prevent Harm to Children and Animals (Adelaide Law Review)

Amanda Whitfort
Adelaide Law Review
2018, Volume 39, Issue 1
Abstract: Commencing in 2004, the United Kingdom, South Australia, and New Zealand have each introduced new laws to protect children from serious harm within the home. Members of a household in these jurisdictions living with a child can now be held accountable for neglecting to seek help or take preventative action if the child is killed or seriously injured. The new duty to protect children from serious crime within the home recognises the special vulnerability of victims within a closed environment. In New Zealand, the duty specifically extends to staff of institutions where children reside. In the same period, legislation has been expanded to protect animals from acts of negligence, as well as overt cruelty. In practice, however, many of the protections introduced do not apply to animals used in agriculture and research. Legal protection for farm animals has been further eroded by the introduction of so called 'ag-gag' laws. Historically, the recognition of the special vulnerability of children and animals caused their legal protections to develop in tandem. This article examines the case for extending the duty to prevent serious violent crimes against children in the home, to animals in laboratories, abattoirs and on farms. It concludes that effective protection of animals requires the imposition of a new legislative duty to prevent their unlawful serious harm.

Saturday, October 13, 2018

Upcoming Event: "Superwomen in Intellectual Property: A Sharing Session" (25 Oct 2018, 6:30pm, HKU)

Date: October 25, 2018 (Thursday)
Venue: Moot Court, 2/F Cheng Yu Tung Tower, Centennial Campus, The University of Hong Kong
Time: 6:30pm – 8:00pm
Seats are limited. Please register here as soon as possible.
The University of Hong Kong Faculty of Law proudly presents this sharing session as part of its 50th anniversary celebrations. The sharing session brings together four distinguished graduates of the Faculty of Law to share their experience and advice on intellectual property (IP) practice. As leading IP practitioners, they will speak about different career paths in IP practice, ways to accomplish well in IP practice, and major challenges that lie ahead for IP practitioners, among others. Reception with refreshments will start at 5:45pm, October 25 before the sharing session.

Opening Remarks by Haochen Sun, Associate Professor of Law and Director of Law and Technology Centre, HKU Faculty of Law
Anna Wu Hung Yuk
Chairperson, Hong Kong Competition Commission

Winnie Tam SC
Former Chairman, Hong Kong Bar Association; Chairman, Communications Authority

Winnie Yeung
Assistant General Counsel, Microsoft

Annie Tsoi 
Partner, Co-Head of Intellectual Property Department, Deacons

We are in the progress of applying to the Law Society of Hong Kong for 1.5 CPD points for this talk. We will contact you once CPD accreditation is finalized.

For enquiries, please contact LTC Centre Secretary Ms Grace Chan at mcgrace@hku.hk.

Friday, October 12, 2018

Hualing Fu on Reconciling National Security with Hong Kong's High Degree of Autonomy (SCMP)

Hualing Fu
South China Morning Post
12 October 2018
There are two imperatives that shape Hong Kong’s constitutional development: its high degree of autonomy and China’s national security. Should a free and “semi-democratic” Hong Kong protect the security of an authoritarian state and can Hong Kong offer such protection without compromising its value and integrity? Should Hong Kong legislate to protect the security of China’s political system and, if so, how will it reconcile the two conflicting and seeming irreconcilable imperatives? 
     For the central government, there is a genuine fear among top decision-makers that there are national security risks in Hong Kong which the city has turned a blind eye to. As China’s economy grows, it becomes more confident and assertive. When managing Hong Kong affairs, it has started to insist that the special administrative region take China’s national security and other interests more seriously... Click here to read the full article.

Thursday, October 11, 2018

New Issue of Hong Kong Law Journal (Part 2 of 2018)

Editor-in-Chief: Professor Rick Glofcheski
Associate Editor: Professor Albert Chen
Publisher: Sweet & Maxwell





Chinese Law

Book review
Maritime Law and Practice in China, Liang Zhao and Lianjun Li Anselmo Reyes   783

Click here to read the abstracts of each article. Hong Kong Law Journal is published by Sweet & Maxwell. Full text is available on Westlaw.

Daisy Cheung on Mental Health Law in Hong Kong: The Civil Context (HKLJ)

"Mental Health Law in Hong Kong: The Civil Context"
Daisy Cheung
Hong Kong Law Journal
Vol. 48, Part 2 of 2018, pp 461-484
Abstract: This article takes the first step in addressing the paucity of research on mental health law in Hong Kong, in particular the civil context. It argues that the state of civil mental health law in Hong Kong is in dire need of reform due to its archaic nature and insufficient protection of patients’ rights. This article focuses in particular on the following four key areas: (1) compulsory mental health admission and treatment, (2) compulsory mental health treatment in the community, (3) voluntary and informal mental health patients and (4) the concept of mental capacity. It is argued that the law needs to be reformed in each of these areas to ensure that it reflects both modern trends of mental health law, as well as Hong Kong’s commitment to the protection of fundamental human rights.

Marco Wan on Sexual Orientation and the Historiography of Marriage in Hong Kong (HKLJ)

"Sexual Orientation and the Historiography of Marriage in Leung Chun Kwong v Secretary for the Civil Service"
Marco Wan
Hong Kong Law Journal
Vol. 48, Part 2 of 2018, pp 605-622
Abstract:  This article critically examines the Court of Appeal’s historiography of marriage in Leung Chun Kwong v Secretary for the Civil Service. In this case, the court held that the government was right not to recognise the litigant’s overseas same sex marriage for the purposes of granting spousal benefits or allowing joint tax assessment locally. Two main assumptions underpin the court’s reasoning. First, the institution of marriage in Hong Kong is based on a history or tradition specific to the territory, such that the continuing international movement towards the recognition or legalisation of same-sex marriage is largely irrelevant to the territory. Second, prevailing societal views about marriage are coterminous with such history or tradition. This article argues that while the Court of Appeal’s judgment rightly underscores the uniqueness of Hong Kong’s marriage history, it remains wedded to an ahistorical understanding of the local marriage system. This article then presents a survey of marriage traditions that existed for most of the territory’s past and posits that a more nuanced understanding of local history actually supports, rather than undermines, Leung Chun Kwong’s case.

Po Jen Yap & Benjamin Joshua Ong on Judicial Rectification of the Singapore Constitution (HKLJ)

"Judicial Rectification of the Constitution: Can Singapore Courts Be “Mini-Legislatures”?"
Po Jen Yap & Benjamin Joshua Ong 
Hong Kong Law Journal
Vol. 48, Part 2 of 2018, pp 389-398
Abstract: In Wong Souk Yee v Attorney-General, the High Court of Singapore — on its own accord — rectified the country’s Constitution such that a by-election is not required if the only ethnic minority in a multi-racial Group Representation Constituency (GRC) vacates her seat mid-term. This decision makes a mockery of the multi-racial parliamentary representation entrenched in art 39A of the Singapore Constitution, as it allows for elected minority Members of Parliament (MPs) in the GRCs to be expelled from their GRCs by their respective political parties after the election, with no legal repercussion. Furthermore, we argue that exogenous causes that would compel existing MPs to vacate their seats are provided for in art 46(1) of the Singapore Constitution, which, read with arts 39A and 49(1), require every MP in a GRC to vacate his seat when the only ethnic minority MP in that GRC departs. Moreover, the High Court has ignored the Singapore Court of Appeal’s instruction that the Constitution’s express text prevails over extraneous materials unless the ordinary meaning of the express text is manifestly absurd or unreasonable. Finally, the judicial updating/rectification of the Constitution flagrantly flouts its Court of Appeal’s warning against courts becoming “mini-legislatures”.

Po Jen Yap on “Ring-Fencing” Marriage after W and QT Have Unbolted Its Gates? (HKLJ)

"Spouses without Benefits: “Ring-Fencing” Marriage after W and QT Have Unbolted Its Gates?"
Po Jen Yap
Hong Kong Law Journal
Vol. 48, Part 2 of 2018, pp 365-374
Abstract: In “ring-fencing” all putative benefits closely connected to heterosexual marriage, the Court of Appeal (CA) in Leung Chun Kwong v Secretary for the Civil Service rewrote art 37 of the Basic Law, which according to the CA now provides that the traditional conception of marriage is “guaranteed by the Basic Law” and its “traditional, historical, social, moral or religious background and values [are] embedded in article 37 of the Basic Law”. In doing so, the CA has completely ignored the sole precedent of the Court of Final Appeal (CFA) on art 37 — W v Registrar of Marriages. Remarkably, Leung Chun Kwong is even inconsistent with the CA’s own decision in QT v Director of Immigration, and it is now even less defensible after the CFA’s latest word in QT.

Jingyi Wang & Wilson Chow on Capital Gains Tax with Hong Kong Characteristics (HKLJ)

"Capital Gains Tax with Hong Kong Characteristics: Desirability, Feasibility and Design"  
Jingyi Wang & Wilson Chow
Hong Kong Law Journal
Vol. 48, Part 2 of 2018, pp 555-576
Abstract: Hong Kong is known for its simple, low-rate tax system. Its current scheduler income tax mechanism dates from the 1940s and is based on a much older income tax system developed in the United Kingdom. When capital gains tax (CGT) was introduced in the United Kingdom in 1965, no similar step was taken in Hong Kong. The economic and social conditions underlying the original design of the system have changed dramatically over the years and will continue to change, but the system itself has seen little reform to keep pace with these changes. Furthermore, in recent years, Hong Kong’s housing market has become one of the world’s least affordable, which exerts a profound influence on the prospects of the city and its people, particularly the younger generation. The tax measures taken by the Hong Kong government to tackle the situation focus solely on levying stamp duty on residential property transactions. This article argues for the need for a CGT in Hong Kong with a view to reduce speculative property investment, stabilise the housing market and alleviate the social division. The stamp duty modifications in recent years show that the tax system in Hong Kong is not immune to change and that Hong Kong people are not necessarily resistant to such change. This article also suggests a design for the proposed CGT, based mainly on its equivalent in the United Kingdom but taking into account the circumstances peculiar to Hong Kong.

Wednesday, October 10, 2018

Richard Cullen on Consumption Tax Reform in America (IPP Review)

8 Oct 2018
The Trump Administration has successfully introduced major income tax reform in the US. There has been significant media coverage of these important reforms which are significantly focused on providing corporate tax relief for large transnational US companies.
     But how about reform of consumption taxes — the taxes which apply when Americans purchase goods or services?
     As it happens, the US is a striking outlier when it comes to taxing consumption.
     In almost all developed economies — and many still developing economies (for example, China) — a Value Added Tax (VAT) is a key part of the public revenue landscape. VAT is called Goods and Services Tax (GST) in many countries but the operating principles are the same.
    With a VAT, tax is paid, from the outset, at each point of any production process. A rebate system is built in for each earlier producer within the value-adding chain. Eventually the consumer pays the full VAT upon final purchase. From a public revenue viewpoint, a VAT is very effective. Tax is collected as soon as a production process begins and a VAT is significantly self-enforcing as producers able to claim a rebate report in full to the tax authorities all the relevant cost figures to which the VAT applies.
     The US does tax consumption but mainly through a set of old-style single-application State-level retail sales taxes. These vary widely from State to State. They are notably inefficient compared to a VAT and easier to evade.
     There has been much debate in the US going back many years about the need to introduce a VAT. Progress has been close to zero. This is not surprising ... Click here to read the full text. 

Saturday, October 6, 2018

Ivy Lai on Global World, Global Mind: Narratives of the HKU Worldwide Exchange Students (Transformation in Higher Education)

"Global world, Global mind: Narratives of the University of Hong Kong Worldwide Exchange Students"
Ivy Lai Chun Chun (KE Manager)
Transformation in Higher Education
Volume 3, September 2018
The author was a former HKU Worldwide Exchange student, who participated in HKU Worldwide Exchange Programmes in Auckland University (in Auckland, New Zealand) and Peking University (in Beijing, Mainland China). This sounds like fulfilment of one international and one Mainland exchange exposure, which has been what HKU is targeting for all students in 2022. As a former HKU Worldwide Exchange student, Ivy identified global attributes of selected HKU Worldwide Exchange students, based on the real life stories they wrote, to predict their possible future careers in the global world. These narratives shed light on what HKU can do in the future. 
Abstract: Background: ‘Internationalisation’ is what makes the University of Hong Kong (HKU) reputable. Ranked as the world top 25, in QS (Quacquarelli Symonds) 2019 World University Ranking, HKU provides students with ample opportunities to experience the global world, to possess a global mind. The HKU Worldwide Exchange Programme, established in 1998 by HKU, allows students to study abroad for a certain period to sharpen their global vision.
Settings: This study investigated how HKU facilitates ‘internationalisation’, which contributes to the international fame of HKU. Narratives by HKU Worldwide Exchange students (whose anonymous identities were preserved) were examined to explore the ways in which these students participate in the global world, with a global mind.
Aim: The research question structuring the study is: How does the participation in HKU Worldwide Exchange Programme prepare HKU students for the global world?
Method: This article addressed the ways in which HKU prepares students for the global world. The knowledge contribution to internationalisation in higher education in relation to student exchange programmes as a result could fill the gap in studies of transformation in higher education.
Result: Global attributes of HKU Worldwide Exchange students were found that contributes to their future careers. Being a global citizen is the ideal role of their careers, linking to a core mission of HKU.
Conclusion: More policies on carrying out student exchange programmes for HKU are recommended to benefit more future students. The future of these golden assets could bring a promising prospect for the transformation of HE.
This paper is based on a presentation delivered at The Higher Education Research and Development Society of Australasia (HERDSA) Conference, which was cited and extended further by Prof. John Spinks, Director of Undergraduate Admissions and International Student exchange, in the work entitled ‘Review of Exchange Students Report’ in HKU Quality Assurance Council (QAC) Audit Report [Institutional Submission]', August 2015, page 1019, Appendix 4.4. Special thanks to the Office of International Student Exchange (OISE), HKU, for the data collected from the stories of the latest 2013–2014 returned HKU Worldwide Exchange students (provided with consent of HKU Worldwide Exchange students given anonymous identities via special coding). It is hoped that "knowledge exchange" could be facilitated by the dissemination of this academic piece of writing to the public in order to increase the awareness of HKU Worldwide Exchange programmes.  Click here to download the full article.

Thursday, October 4, 2018

HKU's New LLM in Medical Ethics and Law (Deadline: 28 Feb 2019)

The delivery of healthcare and the conduct of biomedical research are fields which are being transformed by rapidly advancing technologies, and which attract constant law reforms and rapidly evolving standards and policy innovation. These dynamic transformations at the junction of the professional disciplines of law and of medicine raise ethical, legal and social issues in relation to the practice of medicine and the conduct of biomedical research. The Master of Laws in Medical Ethics and Law is a interdisciplinary programme designed to equip lawyers, physicians, nurses, healthcare workers, medical social workers, healthcare administrators with the tools necessary to recognise and meet current and emerging ethical, legal and social challenges in the fields of healthcare and biomedical research. The programme is offered by the Faculty of Law and is an joint initiative of both the Faculty of Law and the Li Ka Shing Faculty of Medicine, with academic leadership and teaching support from both faculties. Students will be required to take core modules covering topics in bioethics, the legal and ethical underpinnings of the physician-patient relationship, issues in the beginning and the end of life, and the regulation of biomedical research, as well as appropriate elective modules drawn from those offered by the Law Faculty and other schools.

Mode of Attendance
Full Time (one year)
Part Time (two years)

Medium of Instruction

Programme Entrance Requirements
Applicants must comply with the General Regulations and fulfil at least one of requirements (1) to (3) below AND (if applicable) requirement (4)
(1) hold a degree of Bachelor of Laws with at least second class honours of the the University, or a qualification of equivalent standard from the University or another comparable institution accepted for this purpose; or
(2) hold a degree of Bachelor of Medicine and Bachelor of Surgery from the University, or a qualification of equivalent standard from the University or another comparable institution accepted for this purpose; or
(3) hold a degree in a discipline other than law or medicine with at least second class honours of the University, or a qualification of equivalent standard from the University or another comparable institution accepted for this purpose; and have at least two years of relevant experience and professional qualifications.
(4) for a candidate who is seeking admission on the basis of a qualification from a university or comparable institution outside Hong Kong of which the language of teaching and/or examination is not English, shall satisfy the English language requirements as prescribed by the University (under General Regulation G2(b)) and the Faculty of Law.
Programme Admissions Advisor
Mr Terry Kaan
Email: cmel@hku.hk

Tel: 39171845
Email: cmel@hku.hk

Wednesday, October 3, 2018

Yun Zhao on China's Perspective on Space and Sustainable Development (new book chapter)

"Emerging Approaches in Development Efforts: Chinese Perspective on Space and Sustainable Development"
Zhao Yun
in Al-Ekabi, Cenan, Ferretti, Stefano (eds.), Yearbook on Space Policy 2016
Space for Sustainable Development (Springer, 2018), Ch 15, pp. 265 - 280
Abstract: The issue of sustainable development came to the forefront in view of the increasingly serious concerns over space debris. However, this is only the vertical aspect of sustainable development in outer space: space sustainable needs to take into account the horizontal aspect of sustainable development, i.e. all the countries, irrespective of their economic, social and technological developmental levels, should be able to benefit from outer space and space activities.  This paper aims to examine new approaches and new perspectives in realizing space sustainability through international cooperation, with China as an example.  China's efforts in promoting space cooperation through overseas assistance program exemplify the importance of financial and non-financial assistance efforts in the realization of the horizontal aspect of space sustainability for both space-faring and non-space-faring nations.   Space sustainability cannot be achieved without taking into account the interests of developing countries.  The China-Brazil cooperation presents an excellent example that space cooperation can take place between and/or among developing countries.  While benefiting one state at one stage, space cooperation will bring benefits to cooperating countries in the long term: such benefits will not simply be restricted to these cooperating counties, with proper arrangement, other states can similarly benefit from such cooperation. The paper concludes that space sustainability, as an issue for both space-faring and non-space-faring nations, regardless of their level of economic and technological development.

Yun Zhao on Legal and Policy Aspects of Space Cooperation in the BRICS Region (new book chapter)

in Rostam J. Neuwirth, Alexandr Svetlicinii, Denis De Castro Halis (eds), The BRICS-Lawyers’ Guide to Global Cooperation (Cambridge University Press, 2017), Ch 14, pp. 309 - 332
Introduction: Since the launch of first satellite in 1957, international society has emphasized the importance of cooperation in space.  The United Nations has advocated the principle of international space cooperation on various occasions, to be demonstrated by the adoption of a series of documents elaborating on this principle.  The most recent achievement is the adoption by the UN General Assembly (UNGA) in 1996 of the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries. This document illustrates the means (formal requirements) and factors (substantive requirements) to be considered in applying the principle of international space cooperation.  It is to be noted that it elaborates this principle in the broadest sense, encouraging space cooperation to be carried out in various manners and approaches and at all levels. 
    While emphasizing the importance of space cooperation at the international level, one cannot disregard the special role that bilateral or regional cooperation can play in promoting the development of space activities and ensuring the realization of space security.  With more and more countries joining the space club, international space cooperation will face many challenges and difficulties in view of the diversified state interests in this strategic field, and bilateral and regional cooperation has proven to be a feasible and relative easy way for countries with similar history and culture to work together in the space field, ultimately leading to space cooperation at the international level. 
     The BRICS countries - Brazil, Russia, India, China and South Africa, all being developing countries,  grouped together and formed a flexible political and economic bloc in 2009.  This provides a platform for these five countries on which to coordinate and cooperate on various issues.   While space activities are not specifically mentioned in the area of cooperation, the open and flexible nature of the platform does allow for intra-BRICS space cooperation, of which bilateral cooperation is the main future.  This chapter then analyzes the reasons for the current situation and identifies the difficulties and barriers in carrying out multilateral cooperation among the BRICS members. It concludes that the widely accepted principle of space cooperation also applies to the BRICS and then that more efforts are needed to realize the wider scope of space cooperation among the members. 

Tuesday, October 2, 2018

Christine Loh and Richard Cullen on Working Towards National Betterment in Hong Kong (SCMP)

"Progress in Hong Kong has to be built on loyalty to China"
Christine Loh and Richard Cullen
South China Morning Post
1 October 2018
To put it bluntly, Hong Kong must first and foremost accept the People’s Republic of China for what it is today and work towards national betterment in good as well as difficult times. With loyalty to China made clear, the capacity to contribute, as well as to lobby for Hong Kong’s interests, is manifestly enhanced.
     Before 1997, Hong Kong was an adjunct of the West through colonisation. Colonialism imparted certain benefits along with its ills. The benefits were not evenly distributed. China paid much of the price. Hong Kong collected notable advantages in the form of durable, respected institutions.
     The British also wove a good story – their benevolent administration and the hardworking locals turned the tiny colony into an economic miracle. There was, however, a historical debt to be settled and, in 1984, Britain agreed to hand Hong Kong back to China in 1997.
     China then was poor and backward. China’s policy of “one country, two systems” was the pragmatic solution to bridge the differences. The Basic Law, promulgated by China in 1990, spelled out how the Hong Kong system would function post-1997, including the maintenance of all of Hong Kong’s most treasured attributes – individual liberties, rule of law, free markets and a free media... Click here to read the full article.  Loh and Cullen have published a new book. For more information, click here.

Yash Ghai on Giving Constitutional Status to Civil Societies (The Star)

25 September 2018
Muhuri, one of the most distinguished and effective NGOs in Kenya, celebrated its 21 anniversary on Friday last week in Mombasa. This coincided with the International Day of Peace, giving the platform to the youth.
    Ironically, as the world was celebrating peace, our police were doing the opposite. Their harassment of a young woman seeking help led to her death.
     In addition, the police and the GSU were accused of arbitrarily arresting and torturing locals, ignoring basic procedures of criminal investigation, and complacency in responding to attacks.
     Moreover, alleged interference from “above” is said to have prevented the police from seriously investigating several politicians, whose names were mentioned in connection with the violence. Their actions were completely outside the sphere of the law.
     Muhuri was established by Muslim coastal activists, as Muslims were the principal victims of state brutality.
     But their responsibility extended beyond Muslims: their title is Muslims for Human Rights, not Rights of Muslims. It was an excellent example of solidarity that some years later we tried to make the basis of a new constitution... Click here to read the full text.

Friday, September 28, 2018

Marco Wan on Feminist Literary Theory and US Sex Equality Cases (Feminist Legal Studies)

"Feminist Literary Theory and the Law: Reading Cases with Naomi Schor"
Marco Wan
Feminist Legal Studies
July 2018, Volume 26, Issue 2, pp 163–183
Abstract: This article brings together feminist literary theory and law by approaching a number of U.S. Federal cases on sex equality in light of the work of the renowned feminist literary critic Naomi Schor, and shows that literary theory constitutes an under-explored resource for feminist legal critique. Schor’s writings constitute a sustained rumination on the relationship between reading and feminism. Drawing on writings on language and the body by key French feminist theorists, Schor advances a method of interpretation which she terms, provocatively, ‘clitoral reading’, and which focuses on the place of details relating to women’s bodies and desires within literary and cultural discourses. In the course of her career, she analysed texts from domains as diverse as literature, philosophy, visual art, the history of fashion, and photography. I will demonstrate that her work can make a valuable contribution to legal studies by using it as an interpretative lens to re-examine U.S. Federal court judgments.

Thursday, September 27, 2018

Peter Chau on Punishment and Bad Upbringing (Criminal Justice Ethics)

"Punishment and Bad Upbringing"
Peter Chau
Criminal Justice Ethics
July 2018, Vol 37, Issue 2, pp 103-121
Abstract: This article examines whether bad upbringing (or what is sometimes called a “rotten social background”) affects just or deserved punishment. There are two possible rationales for this claim. First, it may be argued that an offender’s blameworthiness for his choice to offend is reduced if he had a bad upbringing; second, it may be argued that fairness requires us to impose a less severe punitive burden on an offender with a bad upbringing, even if he is no less blameworthy for his crime. The article rejects both of these rationales.

Monday, September 24, 2018

New Book: "No Third Person: Rewriting the Hong Kong Story" by Christine Loh and Richard Cullen (Abbreviated Press)

No Third Person: Rewriting the Hong Kong Story
Christine Loh and Richard Cullen
Abbreviated Press
Description: British Hong Kong had a good story in the run-up to 1997. Its people worked hard and had an indomitable spirit. China had its own story about Hong Kong: after reunification, the city would prosper as never before due to China’s wise and pragmatic “one country, two systems” policy. Hong Kong people and the world bought those stories. But now it is clear that the British version of the Hong Kong story no longer holds while Hong Kong people are not so sure about themselves and their future seems less bright. The city and its people are stuck—they have no compelling narrative that joins the past and the future. This book is based on our thoughts of what a new Hong Kong story might be: a story about “us” and “you”, the people who care about Hong Kong, not an impersonal “he/she/it” story—a story, moreover, to be worked out between Hong Kong and mainland China and no one else.
About the Authors: Christine Loh Kung-wai has served Hong Kong in the public, NGO and educational sectors for more than three decades, most recently as Hong Kong Undersecretary for the Environment. Richard Cullen is a Visiting Professor in the Faculty of Law at the University of Hong Kong.  Be sure to catch the book launch at the Foreign Correspondents Club where the authors will speak about their book at the Club Lunch on 18 October 2018.  The book was featured in a SCMP article by Jeffie Lam on 1 October 2018.