Wednesday, February 20, 2019

Chen, Cheung & Chan on 'Doxing: What Adolescents Look for and Their Intentions' (Int'l J Env Res & Pub Health)

"Doxing: What Adolescents Look for and Their Intentions"
Mengtong Chen, Anne S Y Cheung and Ko Ling Chan
International Journal of Environmental Research and Public Health
14 January 2019
Abstract: Doxing is a form of cyberbullying in which personal information on others is sought and released, thereby violating their privacy and facilitating further harassment. This study examined adolescents’ doxing participation using a representative sample of 2120 Hong Kong secondary school students. Just over one in 10 had engaged in doxing, and doxing behavior significantly increased the probability of disclosing personal information on others (odds ratio ranged between 2.705 and 5.181). Social and hostile doxing were the two most common forms of doxing. Girls were significantly more likely to conduct social doxing (χ 2 = 11.84, p < 0.001), where their target was to obtain social information (χ 2 = 4.79, p = 0.029), whereas boys were more likely to engage in hostile doxing aimed at obtaining personally identifiable information (χ 2 = 4.31, p = 0.038) and information on others’ current living situations (χ 2 = 4.17, p = 0.041). Students who had perpetrated doxing acts were more likely to have experienced information disclosure as victims, perpetrators, or bystanders. Future studies should examine doxing’s impacts and its relationship with other forms of cyberbullying and traditional bullying. Because doxing may lead to on- and off-line harassment, family, adolescents, schools, and communities must work together to develop effective approaches for combating it.

Tuesday, February 19, 2019

Amanda Whitfort Discusses Wildlife Trafficking on Backchat (RTHK Radio 3)

"Wildlife Trafficking"
Backchat 
RTHK Radio 3
4 Feb 2019
Description: On Monday's Backchat, wildlife trafficking. Hong Kong Customs recently seized more than $60 million worth of elephant tusks and pangolin scales that arrived in a shipment from Africa, and over the years there have been seizures of illegal ivory and rhino horn by the authorities, that are believed to be for use in Chinese medicine or sculptures. After a record seizure in 2017 there were no prosecutions - authorities say there was insufficient evidence to support a reasonable prospect of conviction. Is Hong Kong becoming a wildlife trafficking hub, despite laws here? Should Hong Kong take it more seriously? What other measures could be done to combat wildlife trafficking?
     Amanda Whitfort: Hong Kong is not doing well in legislation framework to combat smuggling ... United Nations came to Hong Kong to evaluate but the government refused to do so ... Chinese medicine practices on rhino-horns .... education is needed... Click here to listen to the full programme.

New Study Sheds Light on Illegal Wildlife Trade in Hong Kong (Amanda Whitfort, HKU Press Release)

21 January 2019
Hong Kong's illegal wildlife trade is contributing to a global extinction crisis. Every year millions of live animals, plants and their derivatives are illegally trafficked into and through Hong Kong, by transnational companies and organised crime syndicates.
     There is an urgent need for the government to enhance its current enforcement strategy against wildlife smuggling. Over the last decade, the diversity of endangered species imported into Hong Kong has increased by 57%. At the same time, the estimated value of the trade has increased by 1,600%. Since 2013, seizures of illegal ivory, pangolin scales and rhino horn have been made by Hong Kong authorities, potentially equating to the deaths of 3,000 elephants, 96,000 pangolins and 51 rhinoceros.
   Hong Kong's illegal wildlife trade is increasing in volume, underestimated in value and contributing to the global extinction crisis.
     Some members of the Hong Kong Wildlife Trade Working Group (HKWTWG) have joined forces to publish a study focusing on the type and volume of seizures relating to illegal wildlife trade in Hong Kong over the last 5 years. The findings documented in the 200 page report: Trading in Extinction: The Dark Side of Hong Kong's Wildlife Trade, illustrate the city's central role in global wildlife trafficking and the extent and nature of the associated criminality. It identifies clearly, how future policy and enforcement could be improved to provide the urgently required long-term sustainability.
   Associate Professor Amanda Whitfort of the Faculty of Law, one of the authors of the report said: "Wildlife crime in Hong Kong remains under-policed and under-investigated. Wildlife smuggling is not regarded as organised and serious crime, under Hong Kong law. Failure to include wildlife smuggling as a crime under the Organised and Serious Crime ordinance, Cap 455, hampers authorities' powers to effectively prosecute those behind the networks and syndicates that take advantage of Hong Kong's position as a major trading port."
   "Our research indicates Hong Kong has become a hub for organised wildlife smugglers, with consequences for the international reputation of our city as well as international biodiversity," said Lisa Genasci, CEO of ADMCF, adding that "Extinction of elephants, rhino, pangolin and many other species in our lifetime is on the horizon, unless the illegal trade is stopped."  To download the report, click here.  For local media reports, see SCMP, HKEJ, Ming Pao, Oriental Daily.

Monday, February 18, 2019

Eric Cheung Interviewed on Obstacles to Lawyers Providing Pro Bono Advice in Hong Kong (SCMP)

South China Morning Post
Alvin Lum
5 January 2019
Hong Kong authorities have been urged to catch up with regional competitors in encouraging free legal advice by investing public money and setting up service platforms, according to local and Australian legal experts.
     They said Australia and Singapore have launched reforms to give NGOs, and ordinary citizens, greater access to legal services needed for their daily lives, such as settling disputes with landlords and employers, or even with the police.
     To provide legal advice in Hong Kong, voluntary or not, qualified lawyers must first get their law firms to buy professional indemnity insurance for them, in case their clients sue them for making a wrong call in the legal process.
     In Hong Kong, lawyers can only be insured collectively as part of a law firm. This means that lawyers cannot provide legal advice to NGOs or underprivileged people, unless they get permission and financial support from their employers.
...
     Principal law lecturer at the University of Hong Kong, Eric Cheung Tat-ming, who runs one of the city’s few clinics providing free legal advice, has his volunteer lawyers insured by the publicly funded Duty Lawyers Service scheme.
   Cheung believes the Hong Kong government should either consider revising local laws on professional indemnity, or bulk purchase of insurance for pro bono lawyers.
     “For each year, it may involve a few hundred thousand dollars, but it could help many lawyers provide free legal services. The government could absolutely afford it.”
     Cheung, who also served on the governing council of the Law Society, said that without revising the law, the existing legal framework was not conducive to pro bono work. He said many lawyers offering free legal advice – including those under the government’s duty lawyer scheme to give legal advice at district offices – run the risk of violating the professional code, which requires lawyers to be covered by professional indemnity.
     “This is a genuine ticking time bomb, because it’s a compulsory requirement,” he said. Click here to read the full text.

Sunday, February 17, 2019

Lusina Ho and Rebecca Lee Awarded HKU's KE Excellence Award 2018 for Special Needs Trust

L-R: L Ho & R Lee
Congratulations to Lusina Ho and Rebecca Lee who were awarded HKU's Knowledge Exchange (KE) Excellence Award 2018 for their impactful special needs trust (SNT) project.  In 2016, Ho and Lee researched and recommended the innovative idea of a government-led trust to assist persons with special needs, including those with intellectual disabilities and cognitive impairments, and their families by providing affordable long-term asset management services.  The Hong Kong government readily took up the idea, which was mentioned in the Chief Executive's Policy Addresses in 2016, 2017 and 2018.  In late 2018, the Hong Kong rolled out the new service (see Press Release) and announced that it would begin to accept applications in March 2019.  Ho and Lee's idea of a government-led SNT is already informing policy-making in other jurisdictions including South Korea.  This is the second time the Faculty of Law has won this university wide award since 2015 when it was created.

New FinTech Regulation and Policy Project Funded by RGC's Research Impact Fund (PI: Douglas Arner, HKU Law, HK$4.3M)

Kerry Holdings Professor
Congratulations to Professor Douglas Arner who is leading a research project recently awarded HK$4.3 million (including $1.3 million matching by HKU) from the Research Grants Council's new Research Impact Fund 2018/19. The title of the project is Balancing the Opportunities and Risks of Financial Technology: FinTech Regulation and Policy.  The team members of this international and interdisciplinary project include Ross Buckley from the University of New South Wales, David C. Donald from Chinese University of Hong Kong, George Q. Huang from HKU (Business & Economics), Chen Lin from HKU (Business & Economics), Siuming Yiu from HKU (Computer Science), and Dirk A. Zetzsche from the University of Luxembourg.
  Project Description: Finance and technology have always been inextricably intertwined, from the earliest development of money (e.g. coins are a technology which stores value, provides a unit of account and a means of payment) to today’s e-money solutions (from mobile payment to cryptocurrencies). Within that interaction between finance and technology law plays a critical role as it defines the use, limitation and function of money in society.
    The 1970s marks the beginning of a change of the relationship between finance, technology and law. The arrival of mainframe computers initiated a process of digitisation of finance, which has only increased ever since with the improvement in computing power, datafication of the financial services industry and availability of analytical tools.
     Following the 2008 Global Financial Crisis, a second evolution in the interaction between finance, technology and regulation occurred. It was brought by two factors. First, the arrival of new participants (from start-ups to major technology and communications companies) in financial markets. Second the extremely rapid datafication of society brought by increased mobile phone penetration (5 billion), IoT devices (20 billion) which can be stored and managed on new infrastructure (blockchain and DLT) analysed by tools such as artificial intelligence.
     This second phase is now generally identified by the term “FinTech” and has gathered the interest of policymakers, regulators, private sectors and investors in every major financial centre, including Hong Kong. Whilst FinTech development offers many opportunities (i.e. better competition, financial inclusion, economic development) certain risks emerge. In particular where FinTech responds to unmet demands, a new segment on consumer can be at exposed. Furthermore, when FinTech relies on new technological advancements, new unanswered questions emerge (i.e. what of GDPR compliance of distributed data on blockchain).
     Hong Kong’s opportunities and risks are compounded by its geographical situation. It's proximity to China and centre place in Asia put’s Hong Kong at the heart of the regions witnessing the most dramatic changes in finance and technology. The tension brought by these changes will reveal (in)adequacies of the law and its role in facilitation the interaction between finance and technology. This opens an opportunity for reform, one which will look at new laws and regulations but also how this can be improved with technology (what the authors refer as Smart Regulation, part of Regtech)
     This research project will provide a comprehensive study benefiting the agenda of Hong Kong’s regulators and policymakers in respect to FinTech development. Therefore it will support the city’s ambition to retain its leadership as a financial centre. Given the benchmarking work that will be conducted and Hong Kong’s geographical location at the forefront of change, this work can be exported in other jurisdiction as foresight of what will occur in the future.

Saturday, February 16, 2019

David Law Interviewed on the Huawei Extradition Case and Canada-China Relations (CGTN, Arirang TV)

Sir YK Pao Professor
"The Point: Politics behind Canadian sentenced to death in China?"
The Point
CGTN
16 January 2019
Description: Tensions between Beijing and Ottawa escalated sharply on Monday after Canadian officials harshly criticized a ruling by a Chinese court, which sentenced Canadian Robert Lloyd Schellenberg to death for smuggling drugs and participating in organized international drug trafficking. Is Schellenberg’s case an arbitrary application of the death penalty? Professor David Law, Sir Y.K. Pao Chair in Public Law at the University of Hong Kong, Jiang Wenran, senior fellow from the School of Public Policy & Global Affairs at the University of British Columbia, Canada, and Xu Qinduo, senior fellow from Pangoal Institution, joined The Point.      
     David Law: 'China has a right as a sovereign nation to impose harsh sentences for drug trafficking. There is a global trend toward abolition of the death penalty but having said that, it's not alone, and having the death sentence for drug trafficking, and as you pointed out, there is a lot of drugs, this is not someone who accidentally forgot a marijuana cigarette in his pocket across the border...'
* * *
"Huawei's Role In Diplomatic Dispute Between China And Canada"
The Point: World Affairs, Ep 34
ARIRANG TV 
27 January 2019
David Law: 'Yes, so the death penalty for drug trafficking... is quite common in China the problem is we don't know exactly how common it is... but it's also known for not being transparent at all how many executions there are so if we look at just the death penalty decisions that are reported publicly there have been about 800 or so over the last five years and about a hundred and thirty of them involve drug trafficking so that's around one sixth of all executions in China are for the death penalty...'
* * *
"China takes coercive measures against 2 Canadians & Iran's perspective on Huawei arrest"
The Point
CGTN 
14 December 2018
Description: The controversial arrest of Huawei's CFO in Canada, her release on bail of C$10 million, not one but two Canadians being submitted to "coercive measures" in China, and fresh developments in the exhausting China-U.S. trade frictions – all the ingredients for a brewing diplomatic storm. The dynamics this week has elevated the complexity of the Huawei case. How do all these developments add up? Are these cases political or legal, and can the two be separated? And what does it all mean for Iran – the country wrapped up in the accusations against Huawei? Guests joining the debate are Professor Rick Dunham, co-director of the Global Business Journalism Program at Tsinghua University; from Hong Kong, Professor David Law, Sir Y.K. Pao Chair in Public Law at the University of Hong Kong; and from Tehran, Professor Mohammad Marandi from University of Tehran. 
    David Law: 'Well, what it means to breach Chinese security law is somewhat malleable and certainly the Chinese authorities have a lot of discretion, the penalties for that could be quite severe.  I would say the legal side is much clearer with respect to what Canadian and U.S. law is but there's a lot of discretion on the Chinese authorities here ...'
          

Terry Kaan Interviewed on Ethics of China Tweaking Genes to Induce Mental Illness in Monkeys (SCMP)

Laurie Chen
South China Morning Post
27 January 2019
Medical ethics experts are divided over an experiment in which Chinese scientists cloned gene-edited monkeys to induce mental illness in them.
     The five cloned monkey embryos had been edited to remove the BMAL1 gene, leading the baby animals to display symptoms of conditions such as anxiety, depression and schizophrenia as a result of disruption to their circadian rhythms, according to a study published in National Science Review on Thursday.
...
     But Terry Kaan Sheung-hung, co-director of the University of Hong Kong’s Centre for Medical Ethics and Law, said he had no objection to the experiment. 
     “Gene editing is not so different from the older gene knockout technique, which has been widely accepted in scientific circles for a long time. This new instance is a further development of the technique,” he said, adding that the gene knockout technique was commonly used in lab mice.
     “The report says that the scientists were careful in carrying out the experiment in accordance with animal welfare regulations, and the findings are open and subject to peer scrutiny.” ... Click here to read the full text. 

New Book: "The Flow of Change: Celebrating Twenty Years of the Hochelaga Lectures" (HKU Law)

"The Flow of Change: Celebrating Twenty Years of the Hochelaga Lectures"
2018, Faculty of Law, the University of Hong Kong
Editors: Puja Kapai and Hughes Tang
Introduction: The Hochelaga Lectures were established in 1999 in memory of the benefactor's deceased father. Hochelaga was an Iroquois village in what is now Montreal. It was also the name which the deceased used for his company. 
     The initial intention was for the lecture series to reflect the deceased's commercial background as well as his fondess (albeit as an immigrant) for North American and Quebecois life and history. It was thus hoped to invite prominent jurists to the University of Hong Kong to lecture and deliver seminars on the following matters:- 
  • some aspect of United States or Canadian (especially Quebec) private law of interest to common lawyers worldwide 
  • some aspect of civil (as opposed to common) law, especially from a comparative perspective; or 
  • some aspect of the history of private law (not necessarily Western private law), especially from a comparative perspective. 
     But the university early on suggested that the series should not be confined to what had been envisaged. Flexibility would allow the university to invite speakers to lecture on topics of pressing concern to the Hong Kong community at any given time.
     The series has its motto Heraclitus' maxim (as quoted in Plato's Cratylus) that "everything is in flux and nothing remains the same". By its motto, the series stresses that in any rigorous inquiry nothing can be taken for granted. Mature future development requires that past certainties be constantly re-evaluated (however lonely the task) in light of a rapidly changing present.
     To mark the series' 5th anniversary, 2 contemporary artists were commissioned to carve seals bearing the Chinese character "ho" (river). The character was chosen for several reasons. It echoes the opening syllable of "Hochelaga". It alludes to the St. Lawrence River along which Hochelaga (and later Montreal) flourished. Most importantly, it reflects the metaphor of flow in the lecture series' motto.    
Table of Content
The Hochelaga Lectures: an Introduction -------------------------------------------------------------------iv

Chronology of Hochelaga Lectures ---------------------------------------------------------------------------v

The Handling of Parental Responsibility Disputes by the 
Australian Family Court following a Decade of Reform---------------------------------------------------1
The Honorable Justice Victoria Jane Bennett

Legislation and Adjudication of Juvenile Crimes in Mainland China ----------------------------------76
The Honorable Justice Huang Yong-wei

Challenges in the Development of International Family Law: 
Reflections by the Chief Justice of the Family Court of Australia --------------------------------------97
The Honorable Justice Diana Bryant AO QC

Values in Law: How they Influence and Shape Rules and the Application of Law------------------143
The Honorable Chief Justice James Allsop

Investment Treaty Arbitration Claims over Tobacco Packaging
Regulation: Running Out of Puff ---------------------------------------------------------------------------159
Luke Nottage and Jarrod Hepburn

Illegality and Statute in Hong Kong------------------------------------------------------------------------183
The Honorable Justice William Gummow

The Aftermath of the Fukushima Dai-ichi Nuclear Accident:
The Question  of Damages ----------------------------------------------------------------------------------197
Masato Dogauchi

Copies of this text are available at the HKU Law Library.

Monday, February 4, 2019

Kung Hei Fat Choy 2019

HKU Legal Scholarship Blog wishes everyone a Happy Chinese New Year 2019.  
Thank you to Richard Cullen for drawing and sharing his traditional annual cartoon to mark 
The Year of the Pig.
"Gung Hei! Gung Hei! - Gong Xi! Gong Xi!" by Richard Cullen

Thursday, January 31, 2019

Loh & Cullen's "Hong Kong in China: Rethinking the Hong Kong-Mainland Relationship" (IPP Review)

"Hong Kong in China: Rethinking the Hong Kong-Mainland Relationship" (Part 1, Part 2, and Part 3)
Christine Loh & Richard Cullen
IPP Review
(published on 12 Nov 2018)
Overview
It is more than 21 years since British Hong Kong became the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China (PRC). Much has happened that is positive since 1997. At the same time there have been recurring political incidents and stand-offs which have produced a series of severe policy log-jams and bred anxiety among the people of Hong Kong. There is a belief that Hong Kong is “stuck” and unable to advance.
     Could the HKSAR see a positive future within China? We recently published a short book, with Abbreviated Press in Hong Kong, entitled, No Third Person: Rewriting the Hong Kong Story, to address this question. We feel that there remains a need for a further, more thorough discussion about Hong Kong’s future. We are grateful to the IPP Review for enabling us to publish this extended discussion: Hong Kong in China – with the generous agreement of Abbreviated Press. (Sections within Hong Kong in China repeat text and arguments found in No Third Party.)
     The last British Governor of Hong Kong, Chris Patten noted, in 1996, that "The world should want China to succeed as it continues its brave economic revolution." We agreed with that view then and we agree with it today. In this work, serialized in three parts in the IPP Review, we explain why Hong Kong remains exceptionally well placed to continue to shape its own positive future, within China, just as it has done, with such remarkable success, in the past.
     Part 1 of Hong Kong in China provides a general introduction of the historical background of Hong Kong seen from British and Chinese perspectives over the last two centuries. It also explains the constitutional and legal structure of Hong Kong’s reversion to Chinese sovereignty and considers how this regime has operated when placed under stress. Part 2 sets out Hong Kong’s economic fundamentals and also reviews the geo-political stresses affecting the Hong Kong – mainland relationship. Part 3 investigates how Hong Kong can get unstuck and – building on this – how Hong Kong can construct its new narrative – the story of Hong Kong in China.

I. Introduction
A robust, well explained narrative can join the past and the future. Such stories can motivate a community to believe and to take action. A good story can even persuade others that someone or something is special and, even without having a direct stake in what happens, they may be convinced to wish those who are directly involved all the best in what they are trying to achieve.
     Hong Kong had a good story in the run-up to 1997 that was created by the British. The colony’s indomitable people worked hard, and they might triumph even under illiberal Chinese rule because they had been well-tutored under a benign Britain, which ruled Hong Kong relying on a western form of authoritarian legality. Hong Kong people were cosmopolitan and free to do what they wanted, especially in the pursuit of making money under a capitalist environment that was protected by a common law-based legal system.
     The People’s Republic of China had its own story about Hong Kong. Britain snatched it from a weak China in the 19th century and the reunification of Hong Kong with the motherland in 1997 signified the end of a long period of humiliation. Hong Kong would enjoy a very special status in China and it would be just as politically stable and economically prosperous as before because of China’s wise and pragmatic ‘one country, two systems’ policy... Click here to read the full text. 

(published on 9 Dec 2018)
Overview
Can Hong Kong envisage a progressive future within China? We recently published a short book, with Abbreviated Press in Hong Kong, entitled, No Third Person: Rewriting the Hong Kong Story, to address this question. We feel that there remains a need for a further, more thorough discussion about Hong Kong’s future. We are grateful to the IPP Review for enabling us to publish this extended discussion, Hong Kong in China, with the generous agreement of Abbreviated Press.(Sections within Hong Kong in China repeat text and arguments found in No Third Party.)
     Part 1 of Hong Kong in China was published by the IPP Review on November 12, 2018. Part 1 provided a general introduction of the historical background of Hong Kong seen from British and Chinese perspectives over the last two centuries. It also explained the constitutional and legal structure of Hong Kong’s reversion to Chinese sovereignty and considered how this regime has operated when placed under stress.
     Part 2 now sets out Hong Kong’s economic fundamentals and also reviews the geo-political stresses affecting the Hong Kong-mainland relationship. Part 3 will investigate how Hong Kong can get unstuck and – building on this – how Hong Kong can construct its new narrative – the story of Hong Kong in China.

VI. The Bygone British Hong Kong Arbitrage
The ability of autocratic regimes to compete with economic performance of 
liberal democracies is a particularly important and novel development.
Yasha Mounk and Roberto Stefan Foa

Hong Kong people’s collective political memory has to do with China’s post-1949 history and their own treasured, free lifestyle in Hong Kong. Hong Kong has been a place of refuge, where the people were able to arbitrage the difficult circumstances on the mainland while residing in the British-held colony. Pre-1997 Hong Kong was a political anomaly but was considered a “miracle.” After 1997, Hong Kong people must reconcile that they are Chinese nationals and part of the People’s Republic of China. Their future is hitched to that of the nation and they can no longer arbitrage in the way they did before.

Collective memories
Accepting that China has resumed full sovereign power over Hong Kong has not been easy for many Hong Kong people. Older generations retain vivid memories of the 1960s when the city was rocked by the Cultural Revolution on the mainland and deadly confrontation seeped across the border for some months.
     That period fundamentally turned them off the Chinese Communist Party because of the senseless violence and the fact was China was economically backward and the people poor. Revolution was not going to do anything to improve the country. Tens of thousands of people, mostly from nearby Guangdong, took enormous risks to escape to Hong Kong because it was in British hands. Between 1965 and 1975, the population rose from 3.59 million to 4.46 million, an increase of over 870,000 people.
     Hong Kong was not only safe for the refugees but economically attractive. From the 1950s, Hong Kong had developed a robust manufacturing economy. Growth in the 1960s had much to do with producing labour-intensive consumer goods for export to the West. The ‘Made in Hong Kong’ label was well-known in Western markets.
     While revolution engulfed the mainland, Hong Kong prospered from trade and commerce. Hong Kong produced movies, songs, and entertainment which were trendsetters in Asia. There was plenty of work and many money-making opportunities for everyone in the flourishing colony. Hong Kong was exciting and innovative. The West was where Hong Kong people saw promise – not the mainland.

East-West geopolitics
Hong Kong’s arbitrage was possible because of the on-going East-West struggle, embodied by the Cold War, where two contending political ideologies clashed. Each of the two most powerful nations – the Soviet Union and the United States – had their sphere of influence. Like the Soviet Union, China practised communism and was thus part of the glum communist bloc. The United States was capitalist, democratic and vibrant – its values and system appeared to possess the political DNA that made a country successful. ... Click here to read the full text. 

(published on 7 Jan 2019)
Overview
Can Hong Kong envisage a progressive future within China? We recently published a short book, with Abbreviated Press in Hong Kong, entitled, No Third Person: Rewriting the Hong Kong Story, to address this question. We are grateful to the IPP Review for enabling us to publish this extended discussion: Hong Kong in China – with the generous agreement of Abbreviated Press. (Sections within Hong Kong in China repeat text and arguments found in No Third Party.)
     Part 1 of Hong Kong in China provided a general introduction of the historical background of Hong Kong seen from British and Chinese perspectives over the last two centuries. It also explained the constitutional and legal structure of Hong Kong’s reversion to Chinese sovereignty and considers how this regime has operated when placed under stress. Part 2 of Hong Kong in China sets out Hong Kong’s economic fundamentals and also reviewed the geo-political stresses affecting the Hong Kong-mainland relationship.
     Part 3 investigates how Hong Kong can get unstuck and – building on this – how Hong Kong can construct its new narrative – the story of Hong Kong in China.

VIII. Getting “Unstuck”
The previous British Hong Kong story was a good one but is now dated. Today, earlier assumptions need to be examined and reviewed carefully. Nostalgia cannot help Hong Kong deal with the current, swiftly changing world. As Hong Kong orients itself towards the future, it needs to reinvigorate its collective consciousness. Deep down Hong Kong people know this. They must find the courage to admit to a new reality in its relations with the People’s Republic and find the voice to weave a new strategy and story that make sense.
     To put it simply and bluntly – Hong Kong must first and foremost accept the People’s Republic for what it is today and work towards national betterment. To ‘accept’ does not mean total approval of every aspect of the nation but it does require acknowledgement that the mainland is what it is, and recognise that as the starting point rather than wish it to be something else or to refute it. To advance Hong Kong’s cause as a progressive, well-governed society and a liveable city, Hong Kong does not need to challenge Beijing’s authority. This ought to be the starting point of creating a new story.
     Hong Kong is most useful to itself and the nation when it can demonstrate the highest competence in specific pursuits within both the public and private spheres. The danger Hong Kong faces is that the old arbitrage has disappeared and if it does not recreate itself to make the most of the exceptional opportunities it enjoys as a Special Administrative Region (SAR) within China, it will get squeezed out by much harder working neighbours both on the mainland and in Asia. This is not a time to be complacent and even less for feeling superior to others.
     Hong Kong should take stock of its many constitutional, economic, social and political assets to see how each of them can help in configuring a new story fit to guide Hong Kong with fresh clarity and purpose. There are many stakeholders who have parts to play.

Being inside China
A major part of the problem is Hong Kong has yet to reconcile itself fully to being at home, within the People’s Republic of China (PRC). There are many reasons for this and it is not our intention to discuss them here in any detail. However, we can say, very broadly, that the reasons are tied to family history, personal experiences and values, as well as fear and anxiety about the loss of Hong Kong’s freedoms.
     Collective reconciliation is required. To secure this, however, reconciliation has to take place on an individual basis. This is a key issue for Hong Kong people to reflect upon over time and in detail. It is particularly important for the younger generations since some of them appear to have the greatest difficulty with reconciling that Hong Kong is a part of China and that they are Chinese nationals. We should be clear, too, that there is not a single, all-encompassing younger generationin Hong Kong uniformly beset by reconciliation malaise, notwithstanding continuing implicit and explicit suggestions to the contrary. As with older generations, there is a spectrum of views ranging from an easy feeling of about being part of China to rejecting the mainland.
     Hong Kong people are extremely privileged in enjoying freedoms unavailable on the mainland. It is understandable that Hong Kong people have the greatest difficulty with human rights issues with respect to the mainland. Greater freedom for all is a legitimate aspiration but Hong Kong needs to give careful consideration to how it might be pursued over time.
     Hong Kong should think strategically about how it can position itself as a part of China...  Click here to read the full text.

Wednesday, January 30, 2019

HKU Law Global Academic Fellows 2019-2020 (Deadline: 15 March 2019)

Applications are invited for appointments as Global Academic Fellow (3 posts) in the Department of Law (Ref.: 493956), to commence in August 2019 or January 2020, for a period of two years. 
     The Global Academic Fellows Programme was created to provide outstanding and aspiring legal academics with time and resources to transition into the global teaching market. Fellows will have access to an internationally leading faculty for mentorship and affiliation with related research centers alongside support for attending academic conferences to present their work. Other opportunities will include the option of co-teaching courses and organizing funded academic conferences. Applicants should have completed their doctoral degrees before the start of their appointments, unless they possess significant practice experience. The successful candidate will be appointed at the grade of Post-doctoral Fellow. 
     One to three fellows will be appointed each year, and will be expected to be in residence at HKU and devote their time primarily to their own research and preparation for entering the international teaching market in the second year of their fellowship. Fellows will be provided shared office space and administrative support when needed. Information about the Department of Law and the Faculty of Law can be found at: www.law.hku.hk. Specific questions can be made to the Director at jkroncke@hku.hk
   A highly competitive package including a monthly salary, housing allowance, relocation allowance, medical benefits, annual leave, and conference and research support will be offered to successful applicant as applicable. At current rates, salaries tax does not exceed 15% of gross income. 
     The University only accepts online applications for the above post. Applicants should apply online and upload 1) an up-to-date C.V., 2) a 3-page research agenda (including past, current and future projects), 3) a list of at least three academic references, and 4) a writing sample (under 50 pages). Closes March 15, 2019. Click here to submit your online application.

Fry and Nair on Moral Disarmament: Reviving a Legacy of the Great War (Michigan J of IL)

"Moral Disarmament: Reviving a Legacy of the Great War"
James Fry and Saroj Nair
Michigan Journal of International Law
published on 15 October 2018,
Vol. 40, Issue 1, pp 1-45
Abstract: In short, this Article examines the concept of moral disarmament using a broad-spectrum definition of humanity rather than the traditional IHL perspective. Rather than referring to human rights that are impacted by armaments, this Article looks at methods through which human initiative can create a society that truly hungers for disarmament. In other words, this Article points out that the extent of change that society can bring about through education, intellectual cooperation, peace initiatives, international affairs awareness, and intercultural communication can be reflected in the economic growth, social growth, and development of states. The aim is to help the reader envisage a world where moral disarmament is part of the fabric of society, thus helping to create an environment where people begin to see disarmament as a way of life or a natural result of the peace and prosperity that they otherwise enjoy.

Tuesday, January 29, 2019

Angela Zhang on Strategic Public Shaming: Evidence from Chinese Antitrust Investigations (China Quarterly)

"Strategic Public Shaming: Evidence from Chinese Antitrust Investigations"
Angela Zhang
The China Quarterly 
published online on 10 January 2019
Abstract: This article examines strategic public shaming, a novel form of regulatory tactics employed by the National Development and Reform Commission (NDRC) during its enforcement of the Anti-Monopoly Law. Based on analysis of media coverage and interview findings, the study finds that the way that the NDRC disclosed its investigation is highly strategic depending on the firm's co-operative attitude towards the investigation. Event studies further show that the NDRC's proactive disclosure resulted in significantly negative abnormal returns of the stock prices of the firm subject to the disclosure. For instance, Biostime, an infant-formula manufacturer investigated in 2013, experienced −22 per cent cumulative abnormal return in a three-day event window, resulting in a loss of market capitalization that is 27 times the antitrust fine that it ultimately received. The NDRC's strategic public shaming might therefore result in severe market sanctions that deter firms from defying the agency.

Kelvin Kwok on Re-conceptualizing ‘Object’ Analysis Under Article 101 of the TFEU (J Comp L & Econ)

"Re-Conceptualizing 'Object' Analysis Under Article 101 TFEU: Theoretical and Comparative Perspectives"
Kelvin Kwok
Journal of Competition Law & Economics
published on 20 December 2018
Abstract: Recent expansive applications of the ‘object’ prohibition under Article 101 TFEU have left the scope of ‘object’ restrictions in a state of uncertainty and incoherence. This article undertakes an unprecedented theoretical study of the ‘object’ test in comparison with US antitrust law. It re-conceptualizes ‘object’ analysis as a form of preliminary enquiry that serves a similar classificatory function as a US ‘quick look’ analysis, namely to distinguish naked restrictions from non-naked ones in order to determine whether summary condemnation or an effect-based analysis is called for. This normative theory rests on the important conceptual distinction between proximate and ultimate objects, and a detailed comparison of the methods of antitrust analysis under EU and US law. The article constructs a ‘quick look’ framework for ‘object’ analysis that combines both theoretical and comparative insights, and applies this framework to critically analyze joint venture restrictions, regulatory restrictions, vertical restrictions, and industry restructuring arrangements. This paper is nominated for the Concurrences Antitrust Writing Awards 2019 - you may read and vote for the article here.

Sunday, January 27, 2019

HKU Law Welcomes New Lecturer in Commercial Law

Welcome to Ms Stephanie Wong, who recently joined the Department of Law as a full-time Lecturer in Commercial Law (JD and LLB).  Stephanie is a graduate of our double degree programme in Business and Law.  She went on to obtain her LLM from University of Cambridge and joined Des Voeux Chambers as a barrister in 2016.  Her practice covers general civil, commercial, intellectual property, competition, chancery, public law, and arbitration. She is also currently a member of two Practice Area Committees of the Hong Kong Bar Association, namely the Committee on Intellectual Property Law and the Committee on Competition Law.   She was Editor of the UK Supreme Court Issue 2014-2015 of the Cambridge Journal of International and Comparative Law.  She has published work in the Journal of Intellectual Property Law & Practice and King's Law Journal.

Friday, January 25, 2019

New Issue of Asia-Pacific Journal of Human Rights and the Law (Issue 2, Dec 2018)


Editors-in-Chief: Simon NM Young and Kelley Loper
Publisher: Brill, Leiden

Thursday, January 24, 2019

New Issue of Hong Kong Law Journal (Part 3 of 2018)


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


Comment
Prohibiting the Hong Kong National Party: Has Hong Kong Violated the International Covenant on Civil and Political Rights? Carole J Petersen 789789
Analysis
Human Trafficking and Judicial “Divination” in Hong Kong Po Jen Yap and Kenneth Lee807
Lecture
Balancing National Security and Public Order with Human Rights: A Judicial Perspective Lord Neuberger of Abbotsbury819
Articles
Property Rights of Cohabitants: A Comparison of Four Jurisdictions Thomas Leung Yu Hang837
Should There Be a Limitation Period for Section 214 of the Securities and Futures Ordinance? Martin Kwan883
Revisiting Section 124 of the Crimes Ordinance Eric Chan and Tiffany Wong899
The Apology Ordinance: Bold Steps into Some Uncharted Areas of Apology-Protecting Legislation Prue Vines and Robyn Carroll925
Party Autonomy and the Selection of Non-State Norms in International Commercial Contracts Jane Y Willems953
Seventy Years On: The Taiwan Constitutional Court and Judicial Activism in a Changing Constitutional Landscape Tzu-Yi Lin, Ming-Sung Kuo and Hui-Wen Chen995
China Law
China–Taiwan Repatriation of Criminal Suspects: Room for Human Rights? Yu-Jie Chen and Jerome A Cohen1029
Guiding Cases as a Form of Statutory Interpretation: Expansion of Supreme People’s Court’s Judicial Lawmaking Authority in China Shucheng Wang1067
Developments in Inter-Regional Conflict of Laws within China Meirong Zhang1097
Revision of China’s Legislation Law: Towards a More Orderly, Fair and Just Legal System Guang Shen1137
The Gap Between the EU and China on the ISDS Mechanisms in the Context of the EU–China BIT Negotiations: Evolving Status and Underlying Logic Lifeng Tao and Wei Shen1159
Review Article
Convergence (or Divergence) in Private Law: Review Essay on Private Law in China and Taiwan: Legal and Economic Analyses Chang-hsien Tsai1215