Policy brief by the World Health Organization (WHO), 18 December 2020
Associate Professor Calvin Ho is a member of the WHO ethics expert group which produced the policy brief. He also shared on the ethical and regulatory issues in the vaccine race in a webinar on "International Law, Science and Technology in the Time of COVID-19" hosted by the Lauterpacht Centre for International Law of the University of Cambridge on 4 December 2020. Click here for the recording.
Introduction: The grave public health threat posed by COVID-19 has spurred the development of dozens of COVID-19 candidate
vaccines, and the conduct of numerous accelerated COVID-19 vaccine trials, many of which are in Phase 2/3 of testing. Given this severe threat, some drug regulatory authorities including the United States Food and Drug Administration
(FDA) and the European Union’s European Medicines Agency (EMA) have indicated that, if interim data are
sufficiently compelling, they are prepared to issue COVID-19 candidate vaccines conditional / emergency / early
approval prior to completion of Phase 3 trials. In such instances the regulatory authority signals that the balance of risk
and benefit to designated target populations justifies deployment of the vaccine pending the registration / licensure of
that product on public health grounds. Similarly, to assist World Health Organization (WHO) Member States and UN
procurement agencies in decision-making on the acceptability for use of specific products in the context of a public
health emergency, WHO has established an Emergency Use Listing (EUL) procedure to expedite the availability of
interventions needed in public health emergency (PHE) situations. The validity of a WHO EUL in the context of a
public health emergency is generally 12 months. All decisions to grant an EUL are reassessed at 12 months (or sooner,
if further data become available that could alter the original opinion). EUL is contingent upon the vaccine developer
completing the development of the product and its trial, and submitting the candidate vaccine for registration/licensure
and WHO prequalification. EUL is not equivalent or an alternative to WHO prequalification, and should not be thought
of as such. For the purposes of this policy brief, all mechanisms that facilitate the public accessibility of investigational
vaccines prior to the conclusion of their respective clinical trials or their licensure, shall hereinafter collectively be
referred to as ‘Emergency Use Designation’ or EUD... Click here to download the policy brief.
10. Making Hong Kong China - The Rollback of Human Rights and the Rule of Law (7 Nov 2020)
Date: 7 Nov 2020 (Saturday) Time: 9:30am – 11:00am
About the Author Professor Michael C. Davis is in the Fall of 2020 a Visiting Professor in the Faculty of Law at the University of Hong Kong where he teaches core courses on international human rights. He is also currently a Global Fellow at the Woodrow Wilson International Center for Scholars in Washington DC and a Professor of Law and International Affairs at O.P. Jindal Global University in India (where he is in residence each spring). He was a professor in the HKU Law Faculty until late 2016.
Discussants Professor Andrew Nathan – Class of 2019 Professor of Political Science, Columbia University. Nathan has served on the advisory boards of Freedom House, Human Rights in China, the National Endowment for Democracy and Human Rights Watch, Asia.
Ms Sharon K. Hom – is Executive Director of Human Rights in China (HRIC). She is a Professor of Law Emerita at the CUNY School of Law, an Adjunct Professor of Law at New York University School of Law (2017- present), and a Visiting Professor at The University of Hong Kong Faculty of Law (2019).
Moderator Dean Fu Hualing – Warren Chan Professor in Human Rights and Responsibilities, Faculty of Law, The University of Hong Kong
9. The Joint Declaration and the National Security Law: An International Law Analysis (24 Oct 2020)
This seminar discusses the international law implications of the Hong Kong National Security Law (NSL), in particular the relationship between the NSL and the Sino-British Joint Declaration and the legality of foreign interventions following the enactment of the NSL.
Moderator • Hualing Fu Dean, Warren Chan Professor of Human Rights and Responsibilities, HKU Faculty of Law
Speakers • Chin Leng Lim Choh-Ming Li Professor of Law, The Chinese University of Hong Kong; Honorary Senior Fellow of the British Institute of International and Comparative Law; Visiting Professor, King’s College London • Albert H.Y. Chen Cheng Chan Lan Yue Professor in Constitutional Law, HKU Faculty of Law; Member, the HK Basic Law Committee of the National People’s Congress Standing Committee • John Anthony Carty Professor, Beijing Institute of Technology School of Law
8. Book Talk: China's National Security Endangering Hong Kong's Rule of Law? (28 Sept 2020)
This event marks the publication of Chan and de Londras (eds), China’s National Security: Endangering Hong Kong’s Rule of Law? and places the book—written in 2019—into the context of events since its publication, including notably the passage of the Hong Kong National Security Law. In this collection, contributing authors explored the potential and limits of Hong Kong’s laws, institutions and civil society in maintaining the rule of law in light of China’s national security imperatives. The collection was published shortly before the Chinese government introduced the Hong Kong National Security Law. In this event, some of the authors in the collection will reflect on to what extent are the safeguards identified in the book displaced or rendered ineffectual by recent events, and whether China’s national security law endangers Hong Kong’s rule of law.
Chairs
Ms Cora Chan, The University of Hong Kong
Prof Fiona de Londras, University of Birmingham; Hon Prof, Australian National University
Keynote
Prof Victor V. Ramraj, University of Victoria
Speakers/ Authors
Dr Paulo Cardinal, University of Macau
Prof Lin Feng, City University of Hong Kong
Dr Pui Yin Lo, Barrister-at-law
Prof Carole Petersen, University of Hawaii at Manoa
Prof Simon Young, The University of Hong Kong
7. Roundtable “One Country, Two Systems” after the National Security Law Reflections (26 Sept 2020)
This seminar will discuss some “big picture” questions surrounding the Hong Kong National Security Law (NSL) and “One Country, Two Systems”(OCTS). What are the scenarios or options the HKSAR faces in the post-NSL era? What should HK society and the central authorities do to reduce tension, restore confidence and narrow the gap in the political divide? Is Hong Kong stuck due to a “Basic Law design flaw” and, if so, what is the design flaw and what are the remedies or solutions? Panel members will discuss these issues of concern from constitutional, legal and political perspectives. Our aim is to stimulate and promote continuing discussion and dialogue.
Moderator 主持 • Hualing Fu 傅華伶 Dean, Warren Chan Professor of Human Rights and Responsibilities, HKU Faculty of Law 香港大學法律學院院長、陳志海人權與義務基金教授
Speakers 講者: • Xingzhong Yu 於興中 Anthony W. and Lulu C. Wang Professor in Chinese Law, Cornell Law School 康奈爾大學法學院中國法講座教授 • Jie Cheng 程潔 Associate Professor, Peter A. Allard School of Law, The University of British Columbia 加拿大英屬哥倫比亞大學法學院副教授 • Yan Xiaojun 閻小駿 Associate Professor, Department of Politics and Public Administration, HKU 香港大學政治與公共行政學系副教授
Commentator 評議: • Albert H.Y. Chen 陳弘毅 Cheng Chan Lan Yue Professor in Constitutional Law, HKU Faculty of Law 香港大學法律學院鄭陳蘭如基金憲法學教授 Member, the HK Basic Law Committee of the National People’s Congress Standing Committee 全國人大常委會香港基本法委員會委員
6. Freedom of the Press under the National Security Law in Hong Kong (5 Sept 2020)
Date: 5 Sept 2020 (Saturday)
Time: 15:00-17:00
Abstract：
The promulgation of the Hong Kong National Security Law (NSL) has sparked local and international concerns about the law’s impact on freedom of speech and of the press in Hong Kong. However, Article 4 of the NSL stipulates that “The rights and freedoms, including the freedoms of speech, of the press, of publication…. which residents of the Region enjoy under the Basic Law… and the provisions of the International Covenant on Civil and Political Rights and the International Covenants on Economic, Social and Cultural Rights as applied to Hong Kong shall be protected in accordance with the law.” How would the law be implemented in ways that would honour the pledges in Article 4? What are the comparative experiences of Singapore and other countries with long histories of authoritarian control of the news media? What are the rooms for free expression under the new law? In this webinar, three experts will share their insights on these questions.
Moderator: Hualing Fu, Dean, Warren Chan Professor of Human Rights and Responsibilities, HKU Faculty of Law
Discussant: Christine Loh Professor Christine Loh is the Chief Development Strategist of the Institute for the Environment, HKUST. She is a former legislator and former undersecretary in the HKSAR Government. She is a lawyer by training and commodities trader by profession. She is the author of many academic and popular works; and is active in various for profit and non-profit organisations.
Speakers: “Freedom of Expression: Standards and Protections under the ICCPR” Sharron Fast, Deputy Director of the Masters in Journalism Programme at the Journalism and Media Studies Centre, HKU Sharron teaches media law to both undergraduate and postgraduate students at the JMSC. Before joining the JMSC in 2016, she taught and conducted research at the Faculty of Law at The University of Hong Kong. This year, she is the course convenor for Human Rights Law in Practice for the Faculty. She is currently engaged in research on two major research projects: the State of News in Asia and the State of Free Expression in Asia. “Views from the Trenches”
Cliff Buddle, Special Projects Editor and legal affairs writer, South China Morning Post A journalist for more than 30 years, Cliff began his career as a court reporter in London and moved to Hong Kong in 1994 to join the SCMP. Specialising in court reporting and legal affairs, he has held a variety of editorial positions, including Deputy Editor and Acting Editor-in-Chief.
“Lessons from Beyond China” Cherian George, Professor of Media Studies, School of Communication, Hong Kong Baptist University Cherian researches media freedom, censorship and hate propaganda. His books include Media and Power in Southeast Asia (Cambridge Univ Press, 2019); Freedom from the Press: Journalism and State Power in Singapore (NUS Press, 2012); and Hate Spin: The Manufacture of Religious Offence and its Threat to Democracy (MIT, 2016), which was named one of the year’s 100 Best Books by Publishers’ Weekly.
5. US Sanctions on Hong Kong and Its Legal and Financial Implications (3 Sept 2020)
Since the promulgation of the Hong Kong National Security Law (NSL), the Trump Administration has introduced a series of measures aimed at sanctioning individuals and financial institutions involved in the development and implementation of the NSL. The NSL has put the future of the city on the line, by simultaneously generating growing uncertainty around Hong Kong’s status as a leading financial centre, and exposing China’s profound vulnerability to the U.S. dollar-centric financial network. In this webinar, three esteemed experts will join us for a discussion on the following topics: · The legal consequences of the recent and potential U.S. sanctions on Hong Kong · The corresponding economic impact on domestic and foreign financial institutions in Hong Kong · The potential Chinese countermeasures that can be employed the short-term and the country’s strategy of de-dollarization
Moderator: Angela Zhang, Associate Professor & Director of Centre for Chinese Law at the University of Hong Kong
Guest Speakers: Benjamin Kostrzewa is a senior attorney specializing in international trade law at Hogan Lovells. He previously served as assistant general counsel at the Office of the U.S. Trade Representative where he handled WTO disputes, FTA negotiations as well as U.S.-China conflicts and negotiations.
Elizabeth Rosenberg is the Director of the Energy, Economics, and Security Program at the Center for a New American Security. She was formerly a Senior Advisor at the U.S. Department of the Treasury, assisting to develop and implement financial and energy sanctions on countries such as Iran, Libya and Syria.
Victor Shih is an Associate Professor of political economy and the Ho Miu Lam Chair in China and Pacific Relations at University of California at San Diego. He is an expert on the politics of Chinese banking policies, fiscal policies, exchange rate as well as the elite politics of China. He is also the author of “Factions and Finance in China: Elite Conflict and Inflation.”
4. Academic Freedom in Hong Kong: the Potential Impact of the New National Security Law (15 Aug 2020)
Date/Time: 15/08/2020 09:00-11:00
Welcoming Remarks by Professor Fu Hualing, Dean, Warren Chan Professor of Human Rights and Responsibilities, HKU Faculty of Law
Speakers:
Proposing a 'Bottom-Up' Approach to Protecting Academic Freedom in the Shadow of the NSL
Carole Petersen (University of Hawaii at Manoa):
This presentation begins by briefly introducing the significant written protections for academic freedom in the Joint Declaration and HK's Basic Law and explaining how this framework was undermined in the past two decades by changes to university governance structures. The enactment of the NSL presents a further challenge due to the broad and vague language of the new criminal offenses. HK academics should not wait for policies to be announced from above. Rather, academics should take a 'bottom up' approach and adopt robust policies at the faculty and departmental levels. Such policies should emphasize the importance of scholarly research (including 'knowledge exchange' as one of the criteria in research assessment exercises) and the demand for courses that include experiential teaching.
International Standards Supporting Academic Freedom
Kelley Loper (Faculty of Law, HKU)
This presentation will draw primarily on the ICCPR, which has a special place in HK's constitutional framework due to Article 39of the HK Basic Law and is also preserved in Article 4 of the NSL. HK courts will likely use the ICCPR as a guide when interpreting vague language in the NSL and thus the views of the UN Human Rights Committee (the treaty-monitoring body for the ICCPR) are particularly relevant. However, the International Covenant on Economic, Social and Cultural Rights (ICESCR) is also referred to in Article 39 of the Basic Law and Article 4 of the NSL. Thus, the UN Committee on Economic Social and Cultural Rights can offer guidance, particularly in the context of the right to education.
Comparative Perspectives: Lessons from Abroad
Robert Quinn (Scholars at Risk Network, New York University )
Threats to academic freedom are a global phenomena and this presentation will draw on lessons from jurisdictions outside Hong Kong. When faced with laws and government policies adopted in the name of "national security" university administrators may feel a need to take proactive steps to comply with the law. They have an understandable desire to protect their students and faculty from arrest and possible criminal prosecution. However, universities also need to be careful not to design policies that "protect" the university by chilling academic freedom and encouraging self-censorship.
3. Security Laws in Singapore and Hong Kong: A Comparison新加坡與香港國安法的比較研究 (25 July 2020)
Date: July 25, 2020 (Saturday)
Time: 15:00 — 17:00
Language: English
Moderator主持：
Fu Hualing
Professor of Human Rights and Responsibilities, HKU Faculty of Law
(香港大學法律學院陳志海基金講座教授、院長)
Speakers講者:
Michael Hor
Professor, HKU Faculty of Law (香港大學法律學院教授)
Kevin Tan
Adjunct Professor, National University of Singapore (新加坡大學法學院客座教授)
2.Hong Kong National Security Law and Extraterritoriality港區國安法与域外管辖(18 July 2020)
Time: 15:00 - 17:00, July 18 Saturday 2020
(7月18日15:00-17:00)
Language: English (英文)
Venue: Zoom
This seminar explores the possible extraterritorial application of the Hong Kong National Security Law (NSL) based on both the personality principle and protective principle. Speakers in the panel will identity the reach and potential overreach of this long-arm legislation and examine legal and diplomatic challenges that the NSL may face in implementation.
Moderator主持：
• Albert Chen 陳弘毅
Cheng Chan Lan Yue Professor in Constitutional Law, HKU Faculty of Law
(香港大學法律學院鄭陳蘭如基金憲法學教授)
Member, the Hong Kong Basic Law Committee of the National People’s Congress Standing Committee
(全國人大常委會香港基本法委員會委員)
Speakers講者:
• China’s Long Arm Legislation(中國的長臂管轄立法)
Fu Hualing 傅華伶
Dean, Warren Chan Professor of Human Rights and Responsibilities, HKU Faculty of Law
(香港大學法律學院陳志海基金講座教授、院長)
• Protective Jurisdiction and Hong Kong’s National Security Law(保護管轄和港區國安法)
Bing Ling 淩兵
Professor of Chinese Law, The University of Sydney Law School (悉尼大学法学院教授)
• Extraterritorial Effect of the Hong Kong National Security Law(港區國安法的域外效力)
Zhaojie(James) Li李兆傑
Professor of International Law at Tsinghua University School of Law (清華大學法學院国际法教授)
• Extraterritorial Effect of the Hong Kong’s National Security Law: Some Comparisons
(港區國安法的域外效力: 一些比較)
Peter Chau周兆雋
Assistant Professor, HKU Faculty of Law (香港大學法律學院助理教授)
1. Balancing Freedom and Security: the Hong Kong National Security Law港區國安法：平衡自由與安全 (4 July 2020)
While the Hong Kong National Security Law will operate within the One Country Two Systems framework, it is set to have a significant and long lasting impact on Hong Kong’s legal system. This and several forthcoming seminars organized by the Faculty of Law and its research Centres will review the new legislation and its implications. Participating experts from different backgrounds will shed light on the challenges arising from, and rule of law responses to, the new national security regime in Hong Kong. This opening seminar aims to offer an introduction to the overall structure of the legislation, to highlight issues of concern and to suggest ways forward.
• Fu Hualing 傅華伶 (Moderator主持)
Dean, Warren Chan Professor of Human Rights and Responsibilities, HKU Faculty of Law
(香港大學法律學院陳志海基金講座教授、院長)
• Richard Wong 王于漸
Philip Wong Kennedy Wong Professor in Political Economy, HKU
(香港大學黃乾亨黃英豪基金政治經濟學教授)
Provost and Deputy Vice-Chancellor, HKU (香港大學首席副校長)
• Albert Chen 陳弘毅
Cheng Chan Lan Yue Professor in Constitutional Law, HKU Faculty of Law
(香港大學法律學院鄭陳蘭如憲法學講座教授)
Member, the Hong Kong Basic Law Committee of the National People’s Congress Standing Committee
(全國人大常委會香港基本法委員會委員)
• Han Dayuan韓大元 (via Zoom)
Professor of Law, Renmin University School of Law (中國人民大學法學院教授)
Member, the Hong Kong Basic Law Committee of the National People’s Congress
Standing Committee (全國人大常委會香港基本法委員會委員)
• Cora Chan陳秀慧
Associate Professor, HKU Faculty of Law (香港大學法律學院副教授)
• Simon Young楊艾文
Professor and Associate Dean, HKU Faculty of Law (香港大學法律學院教授、副院長)
• Wang Zhenmin王振民 (via Zoom)
Professor, Tsinghua University School of Law (清華大學法學院教授)
Director, Center for Hong Kong and Macao Studies of the Tsinghua University
The COVID-19 pandemic has posed unprecedented challenges to businesses and people around the world. In this challenging time, the HKU Faculty of Law in collaboration with its research centres have organized a webinar series exploring the legal challenges arising from the pandemic.
The Fourth Seminar on "Assessing the Risks and Uncertainties with the Covid-19 Litigations Against China" was presented by the Director of the Center for Chinese Law, Dr Angela Zhang, and Stephen A. Cozen Professor of Law at the University of Pennsylvania Carey Law School Professor Jacques deLisle on 15 May. To view the webinar, click here. To view Professor deLise’s commentary about this topic, click here. To view Dr Zhang’s op-ed about this topic, click here.
The Third Seminar on "COVID-19 – A Trigger for Mindset, Policy and Infrastructure Changes Regarding Ai, Lawtech and Regtech" was presented by the LITE Lab@HKU Founding Executive Director, Brian Tang on 6 May. To view the webinar, click here.
The Second Seminar on "State and Professional Autonomy: Conflicting Rights and Obligations in the State-Profession Relationship" was presented by the CMEL Deputy Director, Ms Daisy Cheung & Associate Professor Dr Calvin Ho on 30 April. To view the webinar, click here. To view the powerpoint, click here: Link to the powerpoint.
The First Seminar on "Digital Finance & Crisis" was presented by the AIIFL Director, Professor Douglas W. Arner, on 15 April. To view the webinar, click here. To view the paper and the powerpoint, click here: Link to the paper / Link to the powerpoint.
