Friday, November 29, 2019

HKU Law Welcomes Dr Xu QIAN (Post-doctoral Fellow in Belt and Road Law)

HKU Law warmly welcomes Dr Xu QIAN who joins the team of scholars researching legal issues related to China's Belt and Road Initiative. Dr Qian explores issues at the intersection of international economic law and human rights. Her work also deals with environmental law, dispute settlement, constitutional law and increasingly Greater Bay Area legal cooperation. Her publications include “Rethinking Judicial Discretion in International Adjudication” Connecticut Journal of International Law (2020); “Is It Finally Time for Asia’s Free Trade Agreements? The ASEAN Present and the RCEP Future” Asian Journal of International Law (2019); “Challenges of Water Governance (and Privatization) in China” Georgia Journal of International and Comparative Law (2018); "Trans-Pacific Partnership: A World Trade Revolution?,” APEC Currents (2016). She contributes to Asia Law Portal which is the leading source of information and insights on the practice of law in the vast Asia-Pacific region. Dr QIAN is currently working on a new article, which critically examines the application of the proportionality principle across two decades of investment disputes.
    Dr Qian was a scholar in residence at The Hague Academy of International Law in 2019 for which she received the Academy’s prestigious “Doctoral Scholarship.” She has presented her work at many academic events including the International Water Association (IWA) Annual Conference (2016), Asia FDI Forum II, III and IV (respectively, May 2016, March 2017 and March 2018), and Loyola School of Law conference “Rule of Law in the 2030 Sustainable Development Agenda”. Dr Qian holds a BA from Heilongjiang University (2012), an LLM and PhD from CUHK Law (respectively 2014 and 2019), and a post-graduate diploma from the Academy of International Trade and Investment Law (2015).

Thursday, November 28, 2019

New Study on Unconscious Bias and Implications for Equality in Hong Kong and Asia (WSRC & CCPL)

Puja Kapai
Women’s Studies Research Centre (WSRC) & Comparative and Public Law (CCPL)
September 2019
Description: In a project funded by the Equal Opportunities Commission, Puja Kapai conducted a study into the levels of unconscious bias on the grounds of gender and race in Hong Kong.  She examined who harboured which types of unconscious biases, whether such biases serve as predictors of discriminatory behaviour and whether it is possible to ameliorate these unconscious biases.  Summary of the results in conclusion: The results of this research study provide groundbreaking insights into the prevalence, nature and extent of unconscious bias among different social groups as well as the variables which influence such biases negatively or positively in the context of Hong Kong. Furthermore, the study demonstrates the effectiveness of specifically designed interventions in terms of reducing particular biases, while outlining the more challenging categories of unconscious bias which require more complex intervention models to address concretely. The key research findings of the 180-page report are: 
(1) Unconscious gender and racial biases are widespread in Hong Kong across diverse social groups.
(2) Unconscious bias tends to be stronger in the case of racial biases compared with gender biases. 
(3) The level of racial bias also varies depending on target group with South Asians being more susceptible to higher levels of bias relative to Mainland Chinese for the most part.  
(4) The level of gender bias in relation to sciences is significantly higher when compared to gender-role stereotypes pertaining to career.  
(5) The IAT itself has the effect of mitigating against certain types of unconscious bias but may have the opposite effect in respect of deeply entrenched biases.
(6) Interventions can and do work. However, the effectiveness of interventions varies depending on the type of bias, targets of discrimination, social groups targeted by the intervention, their social networks and exposure to outgroups.
(7) Some biases (racial biases) are more entrenched than others (gender-based biases) in the Hong Kong context and interventions have limited or little impact in reducing them.
(8) One-size-fits-all solutions do not work. There is a clear and potent need for intervention tools to be well-tailored to different groups and contexts and fine-tuned for different types and manifestations of biases. 
     Importantly, this study is the first of its kind to examine the manifestation of unconscious bias as embedded in an Asian context. The findings demonstrate that unconscious bias clearly exists and is prevalent in our society. However, in Hong Kong, it presents in specific ways judging from the distinct findings pertaining to certain racial categories and gender stereotypes in relation to career and sciences. Moreover, it reveals the significance of social context, networks and the particular background factors on bias levels. While intervention by way of raising awareness about the existence of different types of unconscious bias is found to mitigate biases, it is not sufficient in and of itself to reduce these in concrete terms or in the longer-term. Furthermore, if delivered carelessly without due consideration of the environmental context in which 109 participants are engaged and their background or networks, or a failure to debrief participants properly in terms of what the scores mean relative to prejudice levels, the intervention can have a detrimental effect, in turn, exacerbating biases. 
     These findings bear important implications for future of research and design considerations pertaining to unconscious bias and the implementation of interventions in Hong Kong in across different sectors, most notably, corporate, high school and higher education sectors.

Wednesday, November 27, 2019

Eric Ip Comments on the Hong Kong Highspeed Railway Station Judicial Review Decision (Public Law)

"Hong Kong - Mainland Chinese Enclave in Highspeed Railway Station held Constitutional, Leung Chung Hang Sixtus v President of the Legislative Council [2019] 1 HKLRD 292" 
First Published 2019
Abstract: A parcel of land in the heart of the Hong Kong Special Administrative Region has been ceded to mainland China in all but name under the Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance (Cap.632), becoming the first mainland enclave, known as the "Mainland Port Area," inside Hong Kong in which the full force of socialist criminal and national security law will apply to the exclusion of the Special Administrative Region's common law system for all practical purposes. This Case Comment focuses on the Court of First Instance's judgment in Leung Chung Hang Sixtus v President of the Legislative Council [2019] 1 HKLRD 292 that the Ordinance and the Mainland Port Area it set up are constitutional. This Comment exposes several logical shortcomings in the judgment, including its argument from silence that the Basic Law does not intend to prohibit the Mainland Port Area, which can equally be used to argue that the Basic Law does not intend to allow the same. It gives due credit to the Court in upholding a common law approach in constitutional and statutory interpretation. And it argues that, paradoxically, in reviewing the Mainland Port Area's constitutionality, the Court has tacitly affirmed that the Hong Kong Judiciary necessarily retains a kind of constitutional jurisdiction over the Area that had not been ousted by the Ordinance.