Friday, December 14, 2018

New CCPL Survey on Future Directions in Hong Kong’s Governance

Former CCPL Director, Puja Kapai, recently published Future Directions in Hong Kong’s Governance, findings from a public opinion survey conducted between August and September 2017 with a sample of 500 randomly selected respondents aged 18 or above living in Hong Kong. The household surveys were administered through face-to-face interviews. The study sought to understand Hong Kong people’s priorities and life satisfaction levels as well as their attitudes towards and expectations of politics and governance in Hong Kong. Specifically, the survey included items on public trust towards political parties, institutions, the government, and individuals of diverse backgrounds as well as the public’s prioritisation between economic and livelihood issues and democratic governance. In synthesising the data, the study also mapped the correlation between various demographic factors such as gender, age, education, and income levels and attitudes towards politics, governance, priorities, and life satisfaction.
      The project’s underlying objectives are timely and of significance at this juncture in Hong Kong’s political journey. The findings are distinct from other public opinion polls carried out to date in that they are obtained from face-to-face rather than telephone interviews. They also shed light on the underlying variables which appear to be determinative of public opinion on specific challenges facing Hong Kong at this time.
     Offering data-driven recommendations to guide the agenda of political parties, their leaders, and most importantly, the incumbent administration, the project seeks to underscore the importance of creating conditions and prioritising areas that are conducive to the effective engagement and governance of Hong Kong people going forward.
    The findings have been summarised and presented in two segments to distinguish the overall outcomes of the study from the distinct voices of Hong Kong’s youth, who portrayed a significantly different perspective on a range of issues, warranting a separate and focused analysis. Therefore, in addition to the Report presenting the Core Findings of the research, a dedicated report on Youth Perspectives has also been produced, offering a focused review of youth voices in Hong Kong, which are vital to any conversation on the future of governance in Hong Kong given the role of the youth in shaping Hong Kong’s future.
      Between May and June 2018, these Reports and the recommendations therein were presented to Mr Matthew Cheung, Chief Secretary for the Administration of the HKSAR, members of the Hong Kong Legislative Council, a range of consular representatives from different countries in Hong Kong, and youth groups. The presentations were conducted in small groups and generated much discussion and reflection on the part of all stakeholders engaged.  The full reports can be accessed here.

Thursday, December 13, 2018

Empirical Study by Yuqing Feng and Frank He into How Petitioners Frame Disputes in Chinese Courts (The China Journal)

July 2018, Issue 80, pp. 130-149
Abstract: Drawing on empirical data collected from petitioners in Chinese courts, this article analyzes how the regime’s political concern for social stability transforms petitioners’ disputes and shapes the evolution of their legal consciousness. Compared with first time petitioners, who often address their complaints within a legal paradigm, the veteran petitioners take advantage of the judges’ political concern for social stability and present their disputes as potentially threatening social stability. They hold the judiciary responsible for their plight; they petition courts during “sensitive periods”; they employ innovative tactics to draw official attention; and they seek to secure government stability-maintenance funds as a substitute for legal remedies. However, in framing a legal dispute as a political problem, the veteran petitioners risk retaliation. This article’s analysis provides insights into the operation of the court petition system, how the legal consciousness of Chinese petitioners evolves, and how in the petitioners’ eyes the legitimacy of the legal system gets eroded.

Wednesday, December 12, 2018

HKU Law Colleagues Comment on the Cathay Pacific Data Leak (SCMP)

4 November 2018
Airline only reported case to stock exchange as ‘inside information’ when approached by the Post Disclosure questioned under Securities and Futures Ordinance, especially since announcement was made after Cathay’s interim results in August.
     The five-month delay by Cathay Pacific Airways in notifying 9.4 million passengers about a data leak has sparked questions over whether the airline should have alerted its shareholders more promptly.
     ...
    Syren Johnstone, executive director of the LLM (compliance and regulation) programme at the University of Hong Kong’s law school, said in general, while a case of data hacking might not necessarily be inside information, it also depended on what had been accessed and the implications for a company’s security system as a whole. Johnstone said Cathay’s delay to inform the market was a concern that required further investigation by regulators to establish facts. He said he expected the Securities and Futures Commission (SFC) to take a closer look at why the hacking was announced after Cathay’s interim results in August [3], “when the data breach had been confirmed internally but not publicly”.
    “Directors should have been aware of the data breach long before their August board meeting to announce the interim results,” Johnstone added. 
    “If they were not aware, it suggests they may not have appropriate safeguards in respect of their disclosure obligations, which is itself a breach of the Securities and Futures Ordinance.” ... Click here to read the full text. 

"Hong Kong’s Cathay Pacific faces first collective legal action over massive data breach, with 200 customers poised to make claims"
South China Morning Post
30 October 2018
Cathay Pacific Airways is facing its first collective legal action in the wake of a massive data breach after about 200 customers expressed their intention to make claims over the leak, the Post has learned.
 ...
    Gary Meggitt, an expert in professional liability and the director of the Asian Institute of International Financial Law at the University of Hong Kong, warned that passengers ran the risk of having to pay legal costs for a claim in the English courts even if they have a “no win-no fee” deal with their lawyers. 
     “If the airline wins, its legal costs could still be on the passengers bringing the claim” he said. There could be “after-the-event” insurance for the passengers to cover these costs but they may still have to pay something. 
     Although successful claimants with “no-win-no fee” deal typically do not have to pay their lawyers’ fees in England, because the loser pays, passengers might still have to pay their own lawyers’ “success fee or bonus”, depending on the how the deal was structured, Meggitt said. Alternatively, it was possible in England for a third party company to fund the claim, but he wasn’t aware if this was the situation here. 
      And while Hong Kong runs a similar common law system to England, he said, passengers should be aware that the actual operation of evidence, lawyer-client confidentiality or the trial could still vary. ... Click here to read the full text. 

Tuesday, December 11, 2018

New Book: International Governance and the Rule of Law in China under the Belt and Road Initiative (Yun Zhao)

International Governance and the Rule of Law in China under the Belt and Road Initiative
Edited byYun Zhao
Cambridge University Press
September 2018, 330 pp.
Book description: The edited volume aims at examining China's role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand, socio-political circumstances, to explain and understand China's legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China's as well as other emerging Asian countries' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.

Yun Zhao's Introduction to New Belt & Road Rule of Law Book (CUP book chapter)

"Introduction"
Yun Zhao
in Yun Zhao (ed), International Governance and the Rule of Law in China under the Belt and Road Initiative (Cambridge University Press, September 2018), pp.1-6
Introductory paragraph: Building on the concept of the ancient Silk Road networks, President Xi Jinping formally announced the Belt and Road Initiative (BRI) in September 2013, with the aim of strengthening the cooperation between China and other countries along the old Silk Road on a wide range of issues, in particular the fields of trade and investment.  The BRI, covering more than sixty countries in Asia, Africa and Europe, encourages economic integration in the region leading ultimately to the formation of a new regional trading and investment bloc...

Kelvin Kwok on Belt & Road and Cooperation in Trade Liberalisation and Antitrust Enforcement (CUP book chapter)

in Yun Zhao (ed), International Governance and the Rule of Law in China under the Belt and Road Initiative (Cambridge University Press, September 2018), pp.104-131
Introduction: This chapter analyses China's Belt and Road Initiative (BRI) from the related perspectives of trade liberalisation and antitrust enforcement.  The initiative, which was first announced by Chinese President Xi Jinping in late 2013, has the overarching purpose of 'promot[ing] the economic prosperity of the countries along the Belt and the Road and regional economic cooperation', 'strengthen[ing] exchanges and mutual learning development'.  Amongst the priorities of cooperation under the BRI - and the focus of this chapter - is the promotion of 'unimpeded trade' between China and the other countries participating in the BRI.
     It is argued in this chapter that, in order for the BRI to successfully achieve its objective of unimpeded trade, China and the other BRI countries need to work towards: (i) reducing transport time and costs for imports of products and inputs; (ii) trade liberalisation cooperation with a new to removing government-imposed trade barriers, and (iii) antitrust enforcement cooperation with a view to eliminating cross-border anti-competitive behaviour that hampers free trade.  Whilst the Chinese government has announced a range of infrastructure projects intended to facilitate transport between BRI countries, there has been rather limited discussion of trade liberalisation and competition policies under the initiative or of the relevance of those policies to the aforementioned priority of promoting unimpeded trade.  This chapter fills the gap by examining the BRI through the lens of trade liberalisation and anti-trust enforcement cooperation.

     The chapter begins with an introduction to the BRI, its relevance to free trade and the infrastructure projects planned under the initiative's auspices.  It then considers the general relationship between trade and competition, and argues that comprehensive trade liberalisation and competition policies emphasising cooperation amongst BRI countries are essential components of the initiative insofar as its objective to promote unimpeded trade is concerned.  The chapter then addresses the significance of trade liberalisation cooperation amongst BRI countries, as well as the design of a trade liberalisation policy suited to the initiative.  It also considers the importance of antitrust enforcement cooperation amongst BRI countries and the design of a competition policy that encompasses such cooperation...

Yun Zhao on The Role of Regional Space Cooperation in Procuring Space Security in the Asia-Pacific Region (CUP book chapter)

"The Role of Regional Space Cooperation in Procuring Space Security in the Asia-Pacific Region: Prospects for the Future"
Yun Zhao
in Yun Zhao (ed), International Governance and the Rule of Law in China under the Belt and Road Initiative (Cambridge University Press, September 2018), pp. 243-258
Introduction: Space security has become a hot topic in recent years, with space cooperation, regional space cooperation in particular, believed to be the major mechanism for realising and maintaining such security.   This chapter examines the role of regional cooperation in the Asia-Pacific region and discusses how such cooperation can contribute to the maintenance of space security.   Drawing on the successful experience of Europe, the chapter explores possible ways of furthering space cooperation in the Asia-Pacific region.  It also outlines the principles and guidelines that should be followed in pursuing future regional space cooperation in the Asia-Pacific.  The chapter concludes by arguing that regional space cooperation is crucial to furthering space security, and thus that the Asia-Pacific region needs to step up its efforts in the arena.  
     The development of space technologies has important implications for both state security and perceived military imperatives, particularly given the increasing number of space activities taking place worldwide.   The issue of space security has become a focus of interests in the space arena partly because of the inclusiveness of the term 'space security' itself and partly because of the challenges posed to international society with regard to the peaceful uses of space.  Since the start of the space era in 1957, international society has emphasised the importance of international cooperation in space activities.   Such cooperation results in mutual respect for and understanding of the space activities of various countries, consequently contributing to the peaceful uses of space.  International cooperation can take place in various forms and at various levels. 
      Regional cooperation, a subcategory of international cooperation, is particularly helpful in addressing concerns over space security.  We have already witnessed successful regional cooperation in the case of Europe.  However, cooperation within the Asia-Pacific region does not appear to have led to fruitful results as yet.  The launch of China's Belt and Road Initiative (BRI) provides an excellent opportunity to re-examine the current situation and future development of space cooperation in the Asia-Pacific region.  Under the auspices of the BRI, countries in the region can be encouraged to work more closely with one another to realise space security.
     Following this introduction, Section 1 of this chapter addresses the relationship between space security and space cooperation.  A proper understanding of the term 'space security' is vital to any further consideration of space cooperation.  Thus, this section of the chapter presents the various contemporary understandings of the term to set the stage for the discussion in the subsequent sections.  Section 2 then examines the current status of regional space cooperation in Asia-Pacific, showing it to be far from satisfactory at present.  In making suggestions for improved space cooperation within the region, Section 3 takes regional space cooperation in Europe as an example, demonstrating how successful such cooperation has been in helping Europe to realise space security.  With the successful European experience in mind, Section 4 then discusses possible ways of furthering space cooperation in the Asia-Pacific region and proposes principles and guidelines to follow in future. The chapter concludes by arguing in Section 5 that regional space cooperation is so vital to ensuring space security that the Asia-Pacific region would be well advised to step up its game in this arena... 

Weixia Gu on Enforcement of Arbitral Awards in Asia under the Belt and Road Initiative (CUP book chapter)

"Enforcement of Arbitral Awards in Asia under the Belt and Road Initiative: Implications for International Governance and the Chinese Rule of Law"
in Yun Zhao (ed), International Governance and the Rule of Law in China under the Belt and Road Initiative (Cambridge University Press, September 2018), pp. 277-294
Introduction: The accomplishments of a broadly homogenised global arbitration system have been made possible by international embracement of three UN-initiated arbitration devices: the Convention on the Recognition and Enforcement of Foreign Aribitral Awards (the New York Convention here-after), UNICITRAL Model Law on International Commercial Arbitration (Model Law hereafter) and UNCITRAL Arbitration Rules (UNCITRAL Rules hereafter). However, a truly harmonised system of international commercial arbitration has thus been foiled by the 'public policy' exception in the enforcement of arbitral awards under the New York Convention, Article V2 (b) which stipulates that '[r]ecognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that ... (b) [t]he recognition or enforcement of the award would be contrary to the public policy of that country. Indeed, it was Burrough J of the English court of the Exchequer who famously proclaimed in 1824 that public policy 'is a very unruly horse, and once you get astride it you never know where it will carry you. The 'unruly horse' metaphor aptly captures the indeterminacy of the public policy exception within international commercial arbitration, a substantial and recurring obstacle to both the finality and enforceability of arbitral agreements and awards. The existence of differing conceptions of public policy amongst legal systems, traditions and jurisdictions generates substantial uncertainty as to the conditions of international arbitral award enforcement in both theory and practice. True harmonisation of the nebulous public policy exception is thus necessary to fashion a cogent, coherent arbitral enforcement system that is applicable across the globe.
     Within Asia, the aim of China's proposed Belt and Road Initiative (BRI) is to bolster regional connectivity, promote cross-border investment and strengthen economic coordination across the Eurasian nations located along the historic Silk Road. In light of the large volume of cross-border contractual disputes expected to arise as a result of the BRI, the importance of arbitration as the preferred means of commercial dispute resolution is expected to grow, particularly given its ability to mitigate conflicts between different legal systems. This chapter contends that the BRI provides an ideal context for contemplating the possibility of the regional or 'geo-legal' harmonisation of the public policy concept in the cross-border enforcement of arbitral awards within Asia. Whilst the abundance of different legal cultures in Asia presents formidable challenges to harmonisation, bringing consistency to the public policy exception is likely to yield substantive benefits in the arena of commercial certainty and, as a natural corollary, stimuli for boosting investment amongst the Belt and Road nations. Such developments will pave the way towards the ultimate goal of 'true harmonisation' of the international commercial arbitration system...

Monday, December 10, 2018

New Issue: SSRN Legal Studies Research Paper Series (HKU)


Vol. 8, No. 9: Oct 24, 2018

SIMON N. M. YOUNG, EDITOR

           1.       Separation of Powersand Deliberative Democracy
Danny Gittings, University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education, The University of Hong Kong, Faculty of Law

Danny Gittings, University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education, The University of Hong Kong, Faculty of Law

          Promises, Pitfalls, Patterns, Prognoses, and Prospect
          Weixia Gu, University of Hong Kong - Faculty of Law

  4      Fintech and Regtech:Enabling Innovation While Preserving Financial Stability
           
Douglas W. Arner, The University of Hong Kong - Faculty of Law
           Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance,        
           Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)
           Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
           Janos Nathan Barberis, The University of Hong Kong - Faculty of Law

          Holning Lau, University of North Carolina School of Law
          Charles Lau, RTI International
          K. A. Loper, The University of Hong Kong - Faculty of Law, The University of Hong Kong - 
          Centre for Comparative and Public Law
          Yiu-tung Suen, Gender Studies Programme

Monday, October 29, 2018

HKU FinTech Day 2018 (Programme)

HKU FinTech Day


as part of the 2018 FinTech Education Series @ Hong Kong FinTech Week 
29 October 2018 (Monday), 12:30pm – 5:30pm Large Moot Court, 2/F Cheng Yu Tung Tower The University of Hong Kong 

       Programme

12:30 – 13:00
Registration

13:00 – 13:10
Welcome Remarks
Professor Christopher Chao, Dean, HKU Faculty of Engineering

13:10 – 14:00
Panel Discussion: The Future is Now: Understanding and Preparing for the Implications of Artificial Intelligence

Gary Meggitt, Director, Asian Institute of International Financial Law, HKU
Soujit Ghosh, Co-Founder, Squared-S Artificial Intelligence
Kevin Pereira, Managing Director, blu Artificial Intelligence
Kane Wu, Co-Founder of ThinkCol and Chairman of Hong Kong Data Science Society
David S. Lee, Senior Lecturer, HKU Faculty of Business & Economics

14:00 – 14:15
Special Announcement: Introducing the New FinTech MOOCs

Professor Douglas Arner, HKU Faculty of Law
Professor David Bishop, HKU Faculty of Business & Economics
Professor S.M. Yiu, HKU Department of Computer Science
HKU TELI (Technology Enriched Learning Initiative)
Jen Lee, HKU Faculty of Law
Jon Pederson, HKU Faculty of Business & Economics

14:15 – 14:25




14:25 – 14:30  
Special Announcement: Introducing BASc in FinTech

Professor S.M. Yiu, HKU Department of Computer Science
Dr Alan Kwan, HKU Faculty of Business & Economics

Special Announcement: Introducing LITE

Professor Michael Hor, Dean, HKU Faculty of Law
Brian Tang, Founding Executive Director of Law, Innovation, Technology and Entrepreneurship (LITE) Programme, HKU Faculty of Law

14:30 – 15:00
Be Future Ready in the new Era of ABC: AI, Big Data and Cloud

Maria Hui, HR Director, Microsoft
Bess Chung, Product Marketing Manager, Microsoft

15:00 – 15:10



15:10 – 15:40










15:40 – 16:20
Education for Emerging Cohort of Fintech Entrepreneurs

Maria Pennanen, CEO, Santiment Deutschland

Panel Discussion: Blockchain Fever: How to Cure This Mystery Affliction

Bowie Lau, Founder, MaGESpire
Professor Pedro Eloy, Head of BusinessLab, HKU MBA, Faculty of Business & Economics, CEO of Pelham Grey
Avril Parkin, Co-Chair for the Big Data Committee, FinTech Association of Hong Kong
Maria Pennanen, CEO, Santiment Deutschland
Anil Kudalkar, Co-Founder, MaGESpire Partners

Fintech Startup Fireside Pitches: Planto and MediConCen

Laurence Tang, iDendron
Judging panel of industry experts

16:20 – 17:20

Panel Discussion: Global Leadership in Digital Banking – RegTech as a Secret Sauce

Huiya Yao, Head of FinTech Innovation, WeBank
Max Yevdokimov, Chief Digital CX Officer, Tinkoff Bank
Alex Kong, Founder and CEO, TNG
Brian Tang, Founding Executive Director of LITE Programme, HKU Faculty of Law and Founder of ACMI


17:20 – 17:30
Closing Remarks
Syed Musheer Ahmed, General Manager, FinTech Association of Hong Kong

17:30 – 18:30
Networking in the 1/F foyer of Cheng Yu Tung Tower

HKU FinTech Research and Teaching Showcase will be held in the 1/F foyer

Reserve your seat here 
Enquiries: Flora Leung at fkleung@hku.hk

Wednesday, October 24, 2018

Wildlife Victim Impact Statement Assists Prosecution in Hong Kong Rhinoceros Horns Case (Sing Tao Daily)

19 October 2018
A Chinese man working in South Africa who smuggled 3.11 kg of rhinoceros horns into Hong Kong from Mozambique in June this year was today sentenced in the District Court to 12 months imprisonment, reduced to 8 months on a guilty plea.
     The defendant, Wei Bin, claimed to work in Mozambique. He flew to Hong Kong on June 17 this year intending to transfer to the mainland to visit relatives. During his period of entry, he was found by the Hong Kong Customs and Excise Department to be carrying rhinoceros horn (Rhinaceae species). As a highly endangered animal and an Appendix 1 listed species, possession of rhinoceros horn is prohibited under CITES (The Convention on Trade in Endangered Species). The defendant told the court that his boss knew that he would return home to visit relatives and promised to pay his ticket cost on the condition he carry rhinoceros horn to Fujian, China, where someone would be waiting to receive it. The defendant also stated that he knew that the goods were rhino horns belonging to the category of Appendix I CITES. The defendant was arrested by the Customs and Excise Department after he was found to have a rhinoceros horn in his baggage and could not produce a certificate of exemption for possession.The prosecutor told the court the estimated market value of the horns was between 830,000 to 1.7 million Hong Kong dollars. ​
     Since August 1, 2018, under the Protection of Endangered Species of Animals and Plants Ordinance (Cap 586), anyone who possesses a specimen of Appendix I species is liable on conviction to a fine of 10 million and 10 years' imprisonment. Committed to raising public awareness of wildlife crimes, Amanda Whitfort, a professor at the University of Hong Kong Law School who participated in the amendments to the Ordinance, said that in the past, if the case did not involve a commercial transaction, the court could only sentence the defendant to a maximum fine of HK$100,000 and imprisonment for 1 year. Professor Whitfort lamented past cases in which sentencers had failed to pay due regard to the impact of wildlife crime on the increasing extinction of species globally. Together with staff at the Kadoorie Farm and Botanic Garden, Professor Whitfort prepared a victim impact statement for rhinoceros which was used by prosecutors in Wei Bin's case to advise the judge on the impact of the crime. The sentence delivered today is the highest ever passed in Hong Kong for the smuggling of rhino horn. 
     Whitfort's research shows that the rising value of Hong Kong seizures in trafficked animals is now comparable with seizures in dangerous drugs. Given their lucrative black market value, and the finality of extinction, she has argued wildlife trafficking cases should be taken by the courts at least as seriously as drug trafficking offences.

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.