Michael Hor on The New National Security Law: Exploring a Meaningful Comparison with Singapore (new book chapter)

"The New National Security Law: Exploring a Meaningful Comparison with Singapore"

Michael Hor
in The National Security Law of Hong Kong: Restoration and Transformation,

Edited by Hualing Fu & Michael Hor (Hong Kong University Press, July 2022),
Chapter 16, pp. 358-376
Introduction: This chapter compares the National Security Law in Hong Kong and the Internal Security Act in Singapore from the angle of their capacity to cause persons or entities dealing with or observing these jurisdictions to fear unacceptable abridgement of human rights and liberties.  A technical analysis of the letter of the law reveals a potentially far more authoritarian executive detention without trial in Singapore, compared with even the modified criminal law embodied in the National Security Law of Hong Kong.  Yet, the contrasting rights trajectory of Singapore and Hong Kong and the more ominous current political context of the National Security Law, more than makes up for the initial favourable comparison.  The chapter ends with a brief thought, gleaned from the Singapore experience, of how those who still care about human rights in Hong Kong should respond. 

Hualing Fu & Michael Hor on Introduction: Re-balancing Freedom and Security in Post-NSL Hong Kong (new book chapter)

"Introduction: Re-balancing Freedom and Security in Post-NSL Hong Kong"
Hualing Fu & Michael Hor 
in The National Security Law of Hong Kong: Restoration and Transformation,

Edited by Hualing Fu & Michael Hor (Hong Kong University Press, July 2022),
Chapter 1, pp. 1-19
Introduction: This book offers a dialogic study of the Law of the People's Republic of China on Safeguarding National Security Law (NSL) in the Hong Kong Special Administrative Region (HKSAR).  It examines the text and the context of the NSL, what caused it and what it has caused, and highlights the changes - real, potential or merely imagined - that the NSL has brought and is likely to bring to Hong Kong.  Constitutional development is not brought about by isolated events but by a series of connected episodes that have taken place over a long duration with each act done in response to an earlier one and, in turn, generating future dialectical reactions in multiple fields, some contemplated and others unforeseen, or perhaps, still unforeseeable.  It is a complicated process and emotions may run high, but there is always a logic to be discovered and explained to make sense of what, at first sight, appear to be chaotic, random occurrences.  This book studies the political and constitutional roots of the NSL as well as its practical operation in Hong Kong.  The book also attempts to view the NSL in the larger Chinese, and comparative law, perspectives.  
         This introductory chapter first situates the enactment of the NSL in the context of Hong Kong's own constitutional context and in particular, the failed attempt to enact Hong Kong national security law in 2003 as required by the Basic Law (BL), and the tortuous path of democratic pursuit that Hong Kong had trodden.  The chapter then explores the constitutional and political roots of the NSL in the Chinese constitutional order.  Part Three addresses several key issues on the impact of the NSL on the legal system, academic freedom, business, and media among others.  Finally, part four assesses the future prospects of Hong Kong's one country two systems doctrine (OCTS) and Hong Kong's freedoms under rule of law in the post NSL era, assessed from a comparative perspective by referencing the development in national security law in mainland China, Singapore and liberal democracies.

New Book edited by Hualing Fu & Michael Hor: The National Security Law of Hong Kong: Restoration and Transformation (HKU Press)

The National Security Law of Hong Kong: Restoration and Transformation
(香港國安法：社會重建與變革)
Edited by Hualing Fu & Michael Hor
Hong Kong University Press
Published in July 2022
396 pp.

Book Description: The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the ‘NSL’) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and to support the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “One Country, Two Systems”.

     From a discussion initiated by the University of Hong Kong’s Faculty of Law, this collection of essays brings together leading experts on Hong Kong and Chinese law to offer an exploratory study of the NSL and its impact on the legal system and the principle of the rule of law in Hong Kong.

     The book examines the ramifications of the law in relation to constitutional matters, protecting national security and sustaining “One Country, Two Systems”, policing, judicial independence, and extraterritoriality, as well as its wider implications in areas such as academic freedom and the business environment. It explores the interaction between Hong Kong and Chinese law occasioned by the NSL. Finally, the book offers a comparative perspective of the experience of other jurisdictions that have engaged with similar security legislation.
Review: 

“This collection addresses an important and timely issue, and provides an invaluable resource for all lawyers interested in Hong Kong as they grapple with the momentous changes in its legal landscape. The collection will surely serve as a reference point for further discussion and debate.”

—Victor V. Ramraj, University of Victoria, Canada

“This book covers the most important aspects of national security issues, including freedom and security that we have always been concerned about. This timely publication not only offers the latest research results for the academic community, but also provides important reference materials for the Hong Kong society to understand the important topics of national security.”

—Zhu Guobin, City University of Hong Kong

New Book: Criminal Law in Sri Lanka (Michael Hor and others) (LexisNexis)

Criminal Law in Sri Lanka

Wing-Cheong Chan, Michael Hor, Neil Morgan, Jeeva Niriella and Stanley Yeo

LexisNexis

Published in November 2019

Description: This book describes and evaluates the general principles of criminal responsibility and the major offences against the person and property contained in the Sri Lankan Penal Code. The aims are to assist in the application of the law and to provide suggestions for reform. To achieve these aims, it examines cases from other Penal Code jurisdictions as well as from Sri Lanka. There has not been a comprehensive study of the Sri Lankan Penal Code since Professor GL Peiris’ books were published nearly 40 years ago (General Principles of Criminal Liability in Ceylon: A Comparative Analysis (1st Edn, 1972; 2nd Edn, 1980) and Offences under the Penal Code of Ceylon (1st Edn, 1973; 2nd Edn, 1982)). Significant legislative and case law developments have occurred since that time. Much of the Penal Code has stood the test of time. However, given its antiquity, this commentary proposes significant reforms. They include the enactment of a ‘General Part’, with precise and comprehensive provisions reflecting contemporary views about criminal responsibility.

   Key Features:

• Comprehensive analysis of the general principles of criminal responsibility in Sri Lanka
• Analysis of the major offences against the person and property in light of the general principles of criminal responsibility
• Review of major relevant cases from Sri Lanka, India, Malaysia, Myanmar and Singapore
• Placing the law in a historical and theoretical context pointing to its strengths and weaknesses, and suggesting potential reforms to bring the law into the 21st Century

Dean Hor Speaks on Death Penalty and Public Opinion in Singapore

Credit: The Online Citizen

"Singapore can no longer use majority support as the reason for not abolishing the death penalty"
Martha Soezean
The Online Citizen
15 December 2016

Speaking in a panel of a public forum held on last Friday (9 Dec) , Michael Hor, Dean of the Faculty of Law in University of Hong Kong, said that with the results from the survey, "Public Opinion on the Death Penalty", the Singapore government can no longer support the use of death penalty by claiming it has majority support of the Singapore population.

     While Roger Hood, the Professor Emeritus of Criminology at Oxford University and an Emeritus Fellow of All Souls College, spoke on the ambiguity of the death penalty and how the general public change their impression of the death penalty when probed further about the implications of the punishment.

     Along with Mr Hor and Professor Hood, Chan Wing Cheong, Associate Professor at the Faculty of Law, National University of Singapore; Jack Tsen-Ta Lee, Assistant Professor at the School of Law, Singapore Management

University; Tan Ern Ser, Associate Professor of Sociology and Academic Adviser to Social Lab,

Institute of Policy Studies and Braema Mathi is founder and former president of MARUAH were present at the panel.

     The survey on Public Opinion on the Death Penalty conducted by the National University of Singapore (NUS) in April to May 2016, showed support for mandatory death penalty by Singaporeans is much lower that what have been inferred from previous surveys which sought opinion about the death penalty in general... Click here to read the full article.

Dean Hor Co-Authors New Book on Criminal Law in Myanmar (LexisNexis)

Criminal Law in Myanmar
Chan Wing Cheong, Michael Hor, Mark McBride, Neil Morgan and Stanley Yeo
2016, LexisNexis, 587 pp

Description: The first of its kind, this commentary on the Myanmar Penal Code describes and critically evaluates the general principles of criminal responsibility contained in the Code with a view to assisting the application of the law. The major offences against the person and property are examined. Leading cases from Myanmar, India, Malaysia and Singapore are considered along with relevant cases from other jurisdictions. Given the antiquity of the Penal Code, this commentary engages with a law reform exercise for each topic covered. The end product is a “General Part” for inclusion in the Penal Code, comprising precise and comprehensible provisions reflecting contemporary views about criminal responsibility. Key Features - Comprehensive analysis of the general principles of criminal responsibility in Myanmar. - Analysis of the major offences against the person and property in light of the general principles of criminal responsibility. - Review of all major relevant cases from Myanmar, India, Malaysia and Singapore. - Placing the law in a historical and theoretical context pointing to its strengths and weaknesses, and suggesting potential reform to bring the law into the 21st Century.

Life and Future of British Colonial Sexual Regulation in Asia (HKLJ Focus Section)

Preface by Lynette J Chua and Michael Hor.  This focus issue was inspired by recent developments on same-sex sexual regulation that has roots in British colonialism in present-day Asian jurisdictions.  In January 2014, the Indian Supreme Court reversed the lower court's decision and ruled that s 377 of the Penal Code was constitutional.  Ten months later, Singapore's final court of resort, the Court of Appeal, handed down its landmark decision upholding the constitutionality of s 377A of its Penal Code. 

     The judgments were deeply disappointing and troubling to us, the joint editors of this focus issue.  Whereas the struggles for sexual orientation and gender identity (SOGI) minorities in countries such as the United Kingdom and the United States have turned favourably towards the legal recognition of same-sex relationships and adoption, 42 out of 54 Commonwealth countries, most of which were British colonies, continue to struggle for the decriminalisation of same-sex sexual conduct... Published in Volume 46, Part 1, 2016, Hong Kong Law Journal.  The table of contents of the focus issue is as follows:

Focus: The Life and Future of British Colonial Sexual Regulation in Asia
Preface Lynette J Chua and Michael Hor	1
Trans* Individuals and Normative Masculinity in British India and Contemporary Pakistan Shahnaz Khan	9
The Wife as an Accomplice: Section 377 and the Regulation of Sodomy in Marriage in India Saptarshi Mandal	31
The Limits of Liberty: The Crime of Male Same-Sex Conduct and the Rights to Life and Personal Liberty in Singapore Jack Tsen-Ta Lee	47
Legacies of Exceptionalism and the Future of Gay Rights in Singapore Stewart Chang	71
Pride or Prejudice? Sexual Orientation, Gender Identity and Religion in Post-Colonial Hong Kong Amy Barrow and Joy L Chia	89
International Law and the Rights of Gay Men in Former British Colonies: Comparing Hong Kong and Singapore Carole J Petersen	109
Towards the Elimination of Prescriptive Sexual Regulation in Family Law in Singapore Leong Wai Kum	131
Asia and Oceania LGBTI Law Reform: Breaking the Log-Jam The Hon Michael Kirby AC CMG	151

Articles are available on Westlaw.  Click here to read the abstracts.

Dean Hor Interviewed by Innocence Project Singapore

Prior to his current appointment as Dean, Professor Hor was a Professor of Law at the National University of Singapore’s Faculty of Law where he taught, researched, and published extensively in the areas of Criminal Law, Criminal Procedure, Constitutional Law and Evidence Law.

     Professor Hor served as the Chief Editor of the Singapore Journal of Legal Studies and is a member of the editorial boards of the Singapore Academy of Law Journal and the Asian Journal of Comparative Law. He was also a consultant to the Ministry of Law and the Criminal Practice Committee of the Law Society of Singapore. Internationally, Professor Hor has also been appointed Distinguished Visitor at the University of Toronto’s Law Faculty and Visitor at Oxford Centre for Criminology.

     During this exclusive interview, Professor Hor candidly shared his views on the Innocence Projects in different jurisdictions, specific law reforms, and his experience serving as the Dean of the HKU’s Faculty of Law.

THE INNOCENCE PROJECT (SINGAPORE)

Q: What were your thoughts when the idea of setting up IP(SG) was mooted to you back then? What made you believe in this project?

A: This project was first conceived when a student, Audrey, who went to the United States for her undergraduate exchange programme came to know of the work of Innocence Projects (IPS) in the US. When she returned, she emailed a few Criminal Law Professors at NUS, including myself, to set up an Innocence Project in Singapore, known today as Innocence Project (SG). I was prepared to help but at the same time, I was also prepared to see the Project fail. There were concerns that setting up IP(SG) could potentially be construed as an insult to Singapore’s criminal justice system which prides herself to be reliable and trustworthy.

     However, the merits of this project could not be denied. In fact, which jurisdiction can say that there would be no merits to it? It can only be a good thing. The question, however, was whether this project is practically achievable within this political climate where we have a good and competent Government but any mistakes in convictions could be seen as an insult to that.

     As such, we tried to engage the Minister for Law and the Attorney-General Chambers from the outset. It took a few years and a few changes of IP(SG) heads as it was a potentially sensitive matter. It was a long process, but to-date it has since been set-up. Now, it is a question of pushing IP(SG) forward...

Q: Do you have plans to similarly bring the Innocence Project network into University of Hong Kong (“HKU”)?

A: First of all, it was the students who brought the Innocence Project to Singapore and I believe this is a very good initiative because students have more faith and idealism than practitioners and academics. I will personally support such a project if a student brings it up in HKU.

THE CRIMINAL JUSTICE SYSTEM IN SINGAPORE & HONG KONG

Q: In Veeramani Manikam v Public Prosecutor [2015] SGHC 201 (“Veeramani”), Chan Seng Onn J identified several lapses that happened at trial and the investigation process that led to the accused being wrongly convicted. These lapses include the Investigating Officers’ omission to investigate and verify the accused’s statements. The risk of wrongful convictions in Singapore is real. What are your views on Veeramani?

A: I remembered reading about this case in the Straits Times. Over the years, some judges do come up with judgments which are explicitly or implicitly critical of the way that law enforcement offices have behaved. For instance, in Muhammad bin Kadar and another v Public Prosecutor [2011] SGCA 32, V K Rajah JA (as he then was) was critical towards the investigations process as the police officer failed to comply with the rules. Such irregularities have been happening in Singapore, and it is necessary for judges, once in a while, to distance themselves away from law enforcement and demonstrate their neutral and independent stance in their judgments... Click here to read the full interview.

Dean Hor to Speak at Criminal Justice Conference in Singapore

Dean Michael Hor and Po Jen Yap will be speaking at the Criminal Justice Conference 2015: Criminal Justice and the Singapore Constitution to be held on 15 August 2015 at the Singapore Management University.  They will speaking on a panel addressing Punishment/Sentencing and the Singapore Constitution.  Some of the issues that might be discussed on this panel include  

• Limits on the types of punishment that the state can impose 
• Punishment/ sentencing, Art 12 and the rule of law in Singapore
• Mandatory minimum sentences 
• Constitutional prohibition against cruel and inhuman/unusual punishments 
• Judicial independence and judicial power in sentencing 
• The rights of prisoners in Singapore and Art 10

Click here for more information about the conference.

Hong Kong Lawyer Interviews the Three Law School Deans

Face to Face with Hong Kong Law School Deans, Christopher Gane (CUHK), Michael Hor (HKU) and Geraint Howells (CityU)

Hong Kong Lawyer
April 2015

As the academic year for law students comes to a close, the Deans from Hong Kong’s three law schools come together to discuss how legal education and the academic research environment in Hong Kong can be improved and how they are building upon their predecessors’ legacies.

Christopher Gane, Dean of the Faculty of Law of The Chinese University of Hong Kong (“CUHK”), Michael Hor, Dean of the Faculty of Law of The University of Hong Kong (“HKU”) and Geraint Howells, Dean of the Law School at City University of Hong Kong (“CityU”) have all been tasked with leading their institutions through challenging times when legal education around the world is going through profound changes as a result of globalisation, technology and changes in the way governments are allowing legal services to be provided.

     The Deans have also been thrust into the unenviable position of steering their faculty and students through the politically turbulent events of 2014, while simultaneously striving to offer members of the community a platform to engage in an informed, constructive and friendly dialogue on the legal dimensions of these events.

     Despite these challenges, the three Deans have remained committed to being role models for their students and to building upon their predecessors’ legacies. Dean Hor, for instance, has striven to impress upon his students the need to have worthy ideals, like integrity and professionalism, and the tenacity to never lose them, while Deans Gane and Howells have remained visibly committed to promoting academic excellence and enhancing the interchange between universities and the profession.... Click here to read the full article.

Sexual Regulation in Asia (Call for Papers)

CALL FOR PAPERS

The Centre for Asian Legal Studies (National University of Singapore) is organising a conference entitled "The Life and Future of British Colonial Sexual Regulation in Asia" for 8-9 October 2015.  The co-conveners of the conference are Dean Hor and Assistant Professor Lynette Chua (NUS) and the event will take place at NUS in Singagpore. Hong Kong Law Journal will publish selected papers in a special focus issue. Scope of the conference: conference organisers hope to bring together scholars who study various facets of same- sex sexual regulation, including recent developments, its colonial legacies, and its future in Asia. The goal is to share insights on new research and collectively showcase contemporary scholarship on a timely issue in the region. The conference papers may focus on one or more of the following related to section 377 ('carnal intercourse against the order of nature') and section 377A ('gross indecency') of the penal code, and other similar provisions inherited from the British by its former colonies in the Asian region: doctrinal analysis of judicial decisions, legislative contestation over repealing/retaining the law, new interpretations of the legal history of the provisions, activist campaigns/litigation efforts, post- repeal developments and further legal reforms, and feminist or other critical analyses of related judgments etc. They could feature one or more jurisdictions that were former British colonies in the Asian region, widely construed to include South Asia, Southeast Asia, East Asia, and the Pacific Islands.  Interested? Scholars who would like to participate in this conference should submit an abstract of 150 words and a biographical sketch of 100 words by April 15, 2015. Proposals should focus primarily on the conference scope and objective set out in this call for papers. Funding may be available for those who are selected (no separate funding application is required). Decisions, including funding availability, will be announced by 15 May 2015. Complete versions of all conference papers must be submitted by 10 September 2015. Abstracts can be submitted here.

HKU Bulletin: anti-corruption, luxury goods and the new Dean

The December 2014 issue of HKU's Bulletin featured three stories from the Faculty of Law. The first two relate to the cover story of "Growing Pains: Consequences of China's Economic Miracle".

Greasing Palms: A HK$30 Billion Industry

Hong Kong is home to one of the world’s leading anti-corruption agencies, the Independent Commission Against Corruption (ICAC), which celebrates its 40ᵗʰ anniversary this year. Despite that, the city is likely exporting about HK$30 billion in corruption to developing countries, mainly Mainland China, each year.  That is the finding of Dr Bryane Michael, former Columbia University Professor and currently a Senior Research Assistant in the Department of Law, who has advised 27 countries on anti-corruption measures and who has been looking at how Hong Kong compares to the rest of the world...Another major hurdle is the ICAC itself. Professor Simon Young, who has traced the historical development of the agency since its founding in 1974, describes it as being in the throes of a crisis of confidence.... Click here to read the full article.

Rags and Riches in the Luxury Trade

The HiPhone in China makes no bones about which brand it is imitating. It looks like an iPhone and its advertising slogan is ‘Not an iPhone but better than an iPhone’. Does it matter that it uses the Apple brand to promote itself?   Sun Haochen, Assistant Professor in Law, has been considering this issue from both legal and social justice perspectives. He has written two academic papers, lectured to government officials, organised an international conference and is preparing to launch a blog on the topic.  The HiPhone, he explained, is part of the shanzhai phenomenon in China in which companies violate IP laws or take advantage of grey areas by copying others’ property, either directly or in more creative ways. This was not necessarily a bad thing, he said.  Click here to read the full article.

Caught in the Mid-Stream
Professor Michael Hor Yew-meng became Dean of Law on July 1, a day that saw hordes of people protest on the street for greater democracy in Hong Kong. Some members of his Faculty are organisers of the Occupy Central movement to increase democracy, others advocate a more conservative approach. Professor Hor himself was busy getting moved in on that day, but the former National University of Singapore (NUS) Professor has taken a keen interest in the debate. He has no choice.  “The press keeps trying to draw me into one camp or the other,” he lamented. “What I consistently tell them is, what’s the point of me saying I support Occupy Central or I support Beijing? Is it going to solve the problem? Obviously it’s not.  “What the Faculty has done and should continue to do is to preserve freedom of speech and thought, and academic freedom, and maintain a liberal atmosphere so all these different ideas can be developed and flourish and contend with each other.”  Click here to read the full article.

Dean Hor Appointed to Law Reform Commission

Professor and Dean Michael Hor was appointed a member of the Law Reform Commission of Hong Kong for three years from 1 January 2015.  Appointed at the same time were Professor Christopher Gane, Dean of the Faculty of Law, Chinese University of Hong Kong, and Mr. Robert Pang SC.  The Secretary for Justice thanked Professors Michael Wilkinson and Peter Rhodes for their valuable contributions over the course of their two three-year terms.   The three new appointees are all experts in the criminal law.  It awaits to be seen if this will make any difference in the Commission's ability to bring about criminal law and procedural reform.   Since 1997, only three major statutory reforms in criminal law have been implemented based on studies done by the Commission: widening rules on spousal competency and compellability, raising the age of criminal responsibility from seven to ten years, and a legal regime for covert surveillance and interception.  

Book Review: Reading Law in Singapore, 2nd Ed

Michael Hor's co-edited work, Reading Law in Singapore, 2nd edition (LexisNexis) (with Tang Hang Wu and Nicholas Poon), published earlier this year was recently reviewed in the Law Gazette (October 2014).  The reviewer, Ms Ho Xin Ling, had high praise for the book.  She concludes, "It is often difficult to find areas to improve upon in an already superb contribution. However, the second edition of Reading Law in Singapore does just that, and provides excellent refinements to the first edition through the further contributions from distinguished law academics, young legal eagles as well as an esteemed member of the Singapore bench. For both aspiring and existing law students, Reading Law in Singapore will thus remain a book of utmost relevance in providing a comprehensive and holistic insight into a student’s journey in law school."  The book features 11 chapters on all aspects of Singapore law, from criminal law, contract law to comparative legal traditions and advocacy and moots.  Ms Ho commended the four chapters written by the Hon. Andrew Phang JA, which are written as "a simulated conversation between a law student and a professor of law at four different stages of the law student's journey from admission into law school to graduation."  On a related note, Dean Hor's co-authored book, Criminal Law for the 21st Century - A Model Code for Singapore (Academy Publishing 2013) was cited by the Singapore High Court in Koh Jing Kwang v Public Prosecutor [2014] SGHC 213, [40] & [43] for its insights on the difference between mens rea and voluntariness.  Dean Hor also spoke on "Political Activism in Authoritarian Societies" in a dialogue with students co-organized by the HKU Law Students Political Reform Concern Group and Law Association, HKUSU on 24 October 2014.