Journal articles on the topic 'Right to die – Hong Kong'
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Yap, Po Jen, and Francis Chung. "Statutory rights and de facto constitutional supremacy in Hong Kong?" International Journal of Constitutional Law 17, no. 3 (July 2019): 836–59. http://dx.doi.org/10.1093/icon/moz063.
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Abstract Fundamental rights in the Hong Kong Special Administrative Region (Hong Kong) are protected in its Basic Law and the Hong Kong Bill of Rights Ordinance (BORO). The Hong Kong Basic Law enshrines most of the BORO rights, thereby expressly conferring constitutional status on these rights. But there are a number of BORO rights that are not protected in the Basic Law. This article analyzes the cases in which the Hong Kong judiciary has addressed disputes concerning three exclusive BORO rights: (i) the right to participate in public affairs; (ii) the right to a fair hearing in civil cases; and (iii) the prohibition against cruel, inhuman, or degrading treatment or punishment. We will also explain how the courts have conferred de facto constitutional supremacy on all these statutory rights, while simultaneously providing significant leeway and decisional space for the government to craft a considered response in their remedial legislation, thereby promoting a constitutional dialogue between the judiciary and the government on rights-protection in Hong Kong.
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Chui, Wing Hong. "Prisoners' Right to Vote in Hong Kong: A Human Rights Perspective." Asian Journal of Social Science 35, no. 2 (2007): 179–94. http://dx.doi.org/10.1163/156853107x203423.
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AbstractAccording to Article 26 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, permanent residents shall have the right to vote and the right to stand for election in accordance with the law. In the eyes of the public, voting is a fundamental right of democracy and promotes citizen participation in choosing the people to represent them in the political system. It is true to say that, 'an inclusive democracy values all of its citizens' (Right to Vote, 2005). However, does every citizen who is above 18 years old have the right to vote in Hong Kong? While prisoners are deprived the right to vote in Hong Kong, other jurisdictions such as the United Kingdom, Europe, and Canada currently practise criminal disenfranchisement in more limited ways. To fill the gap, this paper aims to examine whether laws should be reviewed and amended to remove the barrier to voting faced by the prisoner in Hong Kong. It argues that Hong Kong should grant the right of prisoners to vote through examining relevant laws and several landmark court cases.
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Mujuzi, Jamil Ddamulira. "Compensation for Wrongful Conviction/Miscarriage of Justice in Hong Kong in Light of A v Secretary for Justice and Another [2020] hkcfi 427; hcal 176/2018 (11 March 2020)." International Human Rights Law Review 10, no. 2 (November 29, 2021): 291–311. http://dx.doi.org/10.1163/22131035-10020005.
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Abstract Article 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.
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Yung, Betty, and Fung-Ping Lee. "“Right to Housing” in Hong Kong: Perspectives from the Hong Kong Community." Housing, Theory and Society 29, no. 4 (December 2012): 401–19. http://dx.doi.org/10.1080/14036096.2012.655382.
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Gentle, Paul. "Some Economic Issues concerning the Loss of the Special Status Relationship between the United States and Hong Kong." SocioEconomic Challenges 6, no. 2 (2022): 67–82. http://dx.doi.org/10.21272/sec.6(2).67-82.2022.
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The demonstrations in 2019, 2020 and thereabouts for the preservation of certain civil rights in Hong Kong, led to some suppression by the Chinese National central government. As a result, some of the special trade advantages between Hong Kong and the U.S. were lost. The economics and cultural special traits helped Hong Kong thrive. Having a judicial system separate from that of Mainland China, allowed for a more commerce producing judiciary. A key requirement for Hong Kong to be treated differently than Mainland China was for Hong Kong to have some independent autonomy, sufficient for the U.S. to see Hong Kong as a separate area politically from Mainland China. In July 2020, the U.S. made the formal decision to take away Hong Kong’s special status, because a sufficiently independent Hong Kong no longer exists. This article examines the history of this phenomena and the results of having that special trade policy changed. Data from recent years show how the economy with Hong Kong and trade with Hong Kong has changed. Unfortunately, some cultural ties and exchanges between the United States and Hong Kong have also been curtailed. These changes regarding cultural ties are beyond the scope of this article. In regard to Chinese support for the United States, Ukraine and NATO, Ukraine in the war between Ukraine and Russia, this should be pointed out. China should support Ukraine, since it is in China’s best interest, and it is the right action to take.
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Shen, Taixia. "Judicial Interpretation of Human Dignity by Hong Kong’s Courts." SAGE Open 12, no. 1 (January 2022): 215824402210782. http://dx.doi.org/10.1177/21582440221078298.
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This study employed empirical, case, and comparative analysis methods to examine how Hong Kong’s courts have judicially interpreted the concept of human dignity. It aimed to understand the concept of human dignity in Hong Kong law and its role in judicial adjudication and to explore the contributions that Hong Kong’s courts have made to interpreting and developing the concept of human dignity in support of the development of national and international human rights. In this study, cases heard in Hong Kong’s courts from 1997 to 2019 were analyzed. The results showed that Hong Kong’s courts interpreted the concept of human dignity in cases concerning the right to equality, right to privacy, right to work, right to dignity, and the prohibition of torture and other cruel, inhuman, or degrading punishment or treatment, despite the fact that some of them are not found in the Hong Kong Basic Law. The concept of human dignity provides a foundation on which judges can interpret human rights and is a useful tool for litigants to safeguard their human rights. Although Hong Kong’s courts have cited interpretations of human dignity made by the European Court of Human Rights and other common law courts, they have also interpreted it in their own unique way. Hong Kong’s courts have made great contributions to shaping the concept of human dignity to increase justice around the world.
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Jayawickrama, Sharanya. "English in Hong Kong." PMLA/Publications of the Modern Language Association of America 131, no. 5 (October 2016): 1527–30. http://dx.doi.org/10.1632/pmla.2016.131.5.1527.
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As 2016 Draws to a Close, the Most Hotly Debated Topic in Hong Kong is the Controversial Behavior of Two Newly elected legislators of a localist political party during their oath taking at the Legislative Council earlier this year. The proindependence advocates roused anger among mainland Chinese and local Hong Kong officials and citizens alike when they declared allegiance to the “Hong Kong nation” and pronounced “China” in a way that painfully echoed for many the derogatory pronunciation used by the Japanese forces that occupied Hong Kong in World War II. Ironically, in their attempts to lobby for the Hong Kong people's interests and right to self-determination, the legislators were accused of ignoring Hong Kong's history and disrespecting those who had perished during or survived those dark days. Subsequently, China's National People's Congress Standing Committee (NPCSC) issued an interpretation of Hong Kong's Basic Law that disqualified the pair from government service and preempted any ruling by a local Hong Kong court. This decision prompted thirteen thousand Hong Kong people to take to the streets in protest against what is widely perceived as the mainland's tightening of control over its special administrative region.
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Summers, Tim. "The external affairs of the Hong Kong SAR: UK-Hong Kong economic relations." Asian Education and Development Studies 8, no. 2 (April 8, 2019): 126–36. http://dx.doi.org/10.1108/aeds-02-2018-0039.
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Purpose The purpose of this paper is to examine economic relations between Hong Kong and the UK, especially since 2012, in order to shed light on the management of Hong Kong’s external relations. Design/methodology/approach The context for the research is discussion of “grey areas” between Hong Kong’s external relations and foreign affairs. Research is based on textual analysis of British and some Hong Kong policy documents, government statements and media reports, as well as personal discussions with many involved in UK-Hong Kong ties. Findings The paper finds that the UK-Hong Kong economic relationship is managed autonomously, demonstrating Hong Kong’s external economic affairs and bilateral exchanges being practised with a high degree of autonomy. It also shows the importance that the British government attaches to its economic relationship with Hong Kong in its own right, and the likely increase in that importance as Brexit unfolds. Originality/value The paper engages in detailed analysis of economic relations between the UK and Hong Kong, in contrast to most post-1997 studies which have focused on Hong Kong’s ties with the USA or European Union.
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Ramsden, Michael. "REVIEWING THE UNITED KINGDOM'S ICCPR IMMIGRATION RESERVATION IN HONG KONG COURTS." International and Comparative Law Quarterly 63, no. 3 (June 17, 2014): 635–63. http://dx.doi.org/10.1017/s0020589314000190.
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AbstractIn 1976 the UK ratified the ICCPR with a reservation that prevented individuals without the right to ‘enter and remain’ in the UK from invoking Article 12(4) and ‘other provisions’ of the covenant. Upon Hong Kong's reunification with China, the ICCPR ‘as applied to Hong Kong’ in accordance with the UK's ratification was constitutionally guaranteed. It will be argued that the legislation implementing the ICCPR does not reflect the constitutional guarantee ‘as applied to Hong Kong’ because it amounts to a blanket exclusion of all ICCPR rights in immigration matters, impermissibly going beyond the UK's reservation.
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Santosa, Muhammad. "Partisipasi Politik Pekerja Migran Indonesia di Hongkong pada Pemilihan Umum Presiden dan Wakil Presiden Indonesia Tahun 2019." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 12 (December 14, 2023): 6430–46. http://dx.doi.org/10.36418/syntax-literate.v8i12.14102.
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The flow of overseas migration that has occurred in Indonesia has existed for a long time, since the Dutch colonial era. After Indonesia's independence, the same thing still happened, but the destination country was different. During the New Order era, Malaysia and the Middle East became favorite destination countries for Indonesian migrant workers. Currently the destination country for Indonesian migrant workers is East Asia, namely Hong Kong, where Hong Kong is far more advanced than Indonesia. 2019 is a political year for Indonesia, the Indonesian people choose a candidate for President and candidate for Vice President for the next five years. The political atmosphere in Indonesia is also felt by Indonesian migrant workers in Hong Kong. Even though the distance between Indonesia and Hong Kong is quite far, the political processes that go through are not much different. In Hong Kong, polling stations were also set up in strategic places to make it easy for Indonesian migrant workers to exercise their political rights. The political participation of Indonesian migrant workers in Hong Kong in 2019 has increased compared to 2014. Even though, when viewed from the voters list, it is still very small. The increase in political participation is also in line with research in the field. Of the 100 respondents studied, there were 82 respondents exercising their right to vote. In the future, if overseas election committees are more massive and use various methods for outreach, it is possible that the political participation of Indonesian migrant workers in Hong Kong will increase.
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Yau, Yung, and Shuk Man Chiu. "The Economics of the Right to Keep a Dog." Society & Animals 23, no. 4 (August 24, 2015): 343–62. http://dx.doi.org/10.1163/15685306-12341288.
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Dog guardianship has gained popularity in many cities as a result of animal domestication. In spite of its benefits, dog guardianship in high-density urban housing creates certain problems, including increased health risks. Conflicts between different interested parties over the right to keep dogs have therefore surfaced. In Hong Kong, a lawsuit was initiated by a resident in a private housing estate, Mei Foo Sun Chuen, to overturn dog bans imposed by the property management company. The court’s judgment stated that dog bans are enforceable only if dogs are explicitly prohibited in the deed of mutual covenant. This study aims to value empirically the right to keep dogs in private housing based on an analysis of a set of housing transaction data in Hong Kong. It also investigates how the value of the right has changed with the court judgment. The findings suggest that the right was negatively valued by the market, but the court judgment increased its value. These results demonstrate a revealed preference of the Hong Kong community for dog guardianship in a high-rise living environment.
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Sin, Wai Man. "Law, Politics and Professional Projects: The Legal Profession in Hong Kong." Social & Legal Studies 10, no. 4 (December 1, 2001): 483–504. http://dx.doi.org/10.1177/a020307.
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This article attempts to theorize on the Hong Kong legal profession by examining the changing positions and roles of lawyers in three episodes of Hong Kong's recent legal history: use of Chinese as a legal language, the right of abode issue and the right of audience debate. In developing an indigenous theory (or indigenizing western theories), I suggest, attention must be paid to the social context - the long use of English as the sole legal language in a predominately Chinese-speaking society, and the special social-political functions of law in defending Hong Kong from China and of being a source of legitimacy for the government - in which Hong Kong lawyers find themselves and which distinguish them from their western counterparts. Thus, the theoretical framework I develop is one based on the concept of professional project, with due recognition to the social-political functions of the law in Hong Kong. I also argue that the concept of 'social capital' could provide a crucial connection between a Weberian self-interested reading and a Durkheimian altruistic reading of Hong Kong lawyers. It is further suggested that the framework, though inevitably of limited applicability to other societies, may shed light on the role of lawyers in other countries where law has also assumed a particular significance as a source of legitimacy for government.
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Ping-fat, Sze. "Deprivation of Minors’ Right to Acquire Shares in Hong Kong." Business Law Review 27, Issue 10 (October 1, 2006): 239–42. http://dx.doi.org/10.54648/bula2006052.
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This article examines the general law in relation to a minor applying for shares in his own right or a trustee or guardian making an application for the minor?s benefit. It then queries the decision of both the Hong Kong Exchanges and Clearing Ltd and issuers to require a minor to apply for shares in initial public offers in Hong Kong through a nominee, particularly in the light of their failure to distinguish a nominee from a trustee (or a guardian) as a matter of law.
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Absattarov, R. B., I. Rau, and N. B. Seisenbekov. "ECONOMIC, POLITICAL AND GEOSTRATEGIC SITUATION IN THE SOUTH-WEST OF CHINA: SOCIOLOGICAL ASPECTS." BULLETIN Series of Sociological and Political sciences 69, no. 1 (March 15, 2020): 60–66. http://dx.doi.org/10.51889/2020-1.1728-8940.09.
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The article deals with the sociological aspects of economic, political and geostrategic situations in the South-West of China, which have not yet been sufficiently studied in the socio-political literature.The article discusses the expression in detail the economic, political and geo-strategic situation in doabe of the rivers Shu, Liang, Macau and Hong Kong. Mainland China and the two former colonies of Hong Kong and Macao differ not only in right-and left-hand traffic. Hong Kong and Macao have free movement of capital and freedom of the press.
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Lam, Gigi, and Edward Jow-Ching Tu. "Population policy regarding Mainland Chinese females’ contribution to Hong Kong fertility." Asian Education and Development Studies 5, no. 3 (July 11, 2016): 318–26. http://dx.doi.org/10.1108/aeds-04-2015-0011.
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Purpose – Hong Kong is considered to be an aging population because of the ultralow fertility rates and long life expectancy of its population. A promising solution to remedy this age imbalance is to recruit young people from outside Hong Kong. The inflow of Type II babies (i.e. babies born of Mainland Chinese women whose spouses are not Hong Kong citizens) has created an abundance of them within the young population. The paper aims to discuss this issue. Design/methodology/approach – These controversies have been evaluated being mindful of the operation of a free economy in Hong Kong and the relevance of upholding the rule of law (Wong, 2012). Findings – Wong’s (2012) recommendations to endow the Hong Kong Government with the authority to approve applications from a one-way permit system and to separate the right of residency of Type II babies from their entitlement to welfare services have also been summarized. Originality/value – The inflow of Type II babies, however, has also generated public controversy concerning the intensifying competition for both public and private hospital services between Hong Kong residents and Mainlanders. This controversy has given rise to some questioning of whether a reinterpretation of the law is warranted to deny residency to Type II babies whose parents are not Hong Kong residents (Wong, 2012).
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TEO, Victor. "Hong Kong Special Administrative Region after the National Security Legislation: Prospects and Challenges." East Asian Policy 13, no. 04 (October 2021): 107–21. http://dx.doi.org/10.1142/s1793930521000325.
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The National Security Law has unequivocally clarified that Hong Kong’s “autonomy” is a bestowed privilege rather than an absolute political right. While effective in stabilising Hong Kong politics, the Law has also effectively rolled back democratisation and raised a number of serious questions about Hong Kong’s future. Going forward, the Hong Kong Special Administrative Region faces a difficult task of maintaining its unique identity, lifestyle and exceptionalism as a truly global city while attempting to align with China’s plans and interests.
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Zhang, Shuhan. "The Discussion of the Influence of Public Art on the Cultural Status of Filipino Community in Hong Kong." Communications in Humanities Research 12, no. 1 (November 20, 2023): 38–41. http://dx.doi.org/10.54254/2753-7064/12/20230022.
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The topic of public art and the role of public art in enhancing the cultural status of the Filipino community in Hong Kong is significant. This paper begins by introducing the Filipino community in Hong Kong, outlining its contributions to the citys economic and social structure as well as the difficulties it has had assimilating into Hong Kong society and dealing with issues like discrimination, cultural identity, poverty, and living conditions. Using specific examples, this article analyzes how public art may be a tool to encourage social and cultural development as well as how it might improve the cultural standing of the Filipino population in Hong Kong. The Filipino community in Hong Kong faces challenges related to cultural identity and social standing. They have made significant contributions to the citys development but have a tenuous social standing, often working in low-wage jobs with limited prospects for growth. And the community also faces difficult living conditions. The article as a whole emphasizes the value of public art in fostering cultural identity and fostering a more inclusive society. Additionally, it makes recommendations for how to change the current situation and the issues facing the Filipino community in Hong Kong, including defending their rights and interests and fostering their assimilation into Hong Kongs social culture.
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Lam, Wai-man. "Nongovernmental International Human Rights Organizations: The Case of Hong Kong." PS: Political Science & Politics 47, no. 03 (June 19, 2014): 642–53. http://dx.doi.org/10.1017/s104909651400078x.
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ABSTRACTThis article examines the contributions of nongovernmental international human rights organizations (NGIHRO) in promoting a broad sense of human rights in hybrid regimes using the cases of Amnesty International Hong Kong (AIHK), Green Peace Hong Kong (GPHK), and Oxfam Hong Kong (OHK). It contends that NGIHROs have made significant contributions to public education and fund-raising in Hong Kong. However, with regard to the human rights conditions, it is erroneous to consider Hong Kong as part of the developed world. Together with other probable political considerations, doing so may have led to gaps in the organizations’ roles and functions as advocates for human rights in Hong Kong. In the final analysis, this article uses the political protests in Hong Kong to illustrate the importance of addressing the implications of demands for preserving the local identity and alternative lifestyles in the broader understanding of human rights.
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Tsang, Yok-sing. "Sober minds are needed to understand what is going on in Hong Kong." Public Administration and Policy 22, no. 2 (December 2, 2019): 97–99. http://dx.doi.org/10.1108/pap-09-2019-0022.
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Purpose The purpose of this paper is to explore some sober minds of better reordering of the relationships among the Central People’s Government of China (CPG), Hong Kong SAR Government (HKSARG) and the people of Hong Kong. Design/methodology/approach It attempts to analyse and explain varying challenges faced by all stakeholders in the recent social and political unrest in Hong Kong. Findings As a result of HKSARG’s failure to amend the Fugitive Offenders Ordinance, the feelings of resentment at both social inequality and political stagnation in Hong Kong turn into hostility towards the HKSARG, CPG and the Mainland people. Originality/value Performance and procedural legitimacy are equally critical to help HKSARG overcome its governance crisis. This viewpoint hopes to put “One Country, Two Systems” back on the right track.
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Hooijmaijers, Marcel. "HONG KONG AND THE RIGHT OF SELF-DETERMINATION." Tilburg Law Review 6, no. 2 (January 1, 1997): 197–226. http://dx.doi.org/10.1163/221125997x00093.
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Sze, Felix Yim Binh. "Right dislocated pronominals in Hong Kong Sign Language." Journal of Pragmatics 44, no. 14 (November 2012): 1949–65. http://dx.doi.org/10.1016/j.pragma.2012.08.011.
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Chan, Johannes M. M. "Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence." International and Comparative Law Quarterly 47, no. 2 (April 1998): 306–36. http://dx.doi.org/10.1017/s002058930006187x.
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The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.
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Halkyard, Andrew. "Treating Taxpayers Right: Taxpayers’ Rights with Special Reference to Hong Kong." Asia Pacific Law Review 9, no. 2 (December 2001): 133–50. http://dx.doi.org/10.1023/a:1020524213399.
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Loong-Yu, Au. "The historical significance of the 2019 Hong Kong revolt." Soundings 79, no. 79 (November 1, 2021): 37–50. http://dx.doi.org/10.3898/soun.79.03.2021.
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This essay discusses why the Hong Kong 2019 revolt means so much for future democratic movements despite its tragic defeat and its weaknesses. This was a massive democratic movement, with entirely legitimate demands: the dropping of an extradition bill which could legalise Beijing's attempts to prosecute Hong Kong citizens under the Mainland legal system; and the honouring of its commitment of granting universal suffrage to the Hong Kong people. This massive movement naturally brought with it multiple tendencies and contradictions. Taking advantage of the absence of a left labour movement, and a young generation who were newcomers to politics, right-wing and anti-Chinese voices became more vocal than their organisational strength might have indicated - though not strong enough to alter the fundamental character of this revolt as a democratic movement. In the last analysis, however, the balance of forces means that Hong Kong has little chance of preserving its liberty unless the Mainland situation begins to change. Success will ultimately depend on a united front between democratic forces in the Mainland and Hong Kong, an issue which the 2019 r evolt has not thought sufficiently about. However, the 2019 revolt, which helped to consolidate democratic consciousness among millions in Hong Kong, itself constitutes a new starting point for the future of democratic struggle, both in the Mainland and in Hong Kong.
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Pringle, Tim. "A Solidarity Machine? Hong Kong Labour NGOs in Guangdong." Critical Sociology 44, no. 4-5 (August 31, 2017): 661–75. http://dx.doi.org/10.1177/0896920517716747.
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Although the literature on labour NGOs (LNGOs) in China has significantly expanded, few scholars have attempted to subject the work of these organizations to a Marxist perspective. This article draws on a recently developed Marxian theoretical framework on social movements to analyse the pioneering work of Hong Kong LNGOs and their partners in the province of Guangdong, China. Over the past 15 years, the Hong Kong groups, as they are known collectively, have been ideally placed to develop specific interventions in response to migrant workers’ pursuance of wage claims and improved working conditions during a time of increased rights awareness and widespread labour shortages. While consistently careful to remain the right side of China’s restrictive laws on freedom of association and demonstrations, the Hong Kong LNGOs were able to contribute to a narrative of class-based collective solidarity that has yielded significant gains for workers.
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Leung, Maggi. "‘One country, two systems’, ‘one city, two systems’: Citizenship as a stage for politics of mobility and bordering practices in Hong Kong." Migration Letters 13, no. 1 (January 15, 2016): 49–63. http://dx.doi.org/10.33182/ml.v13i1.263.
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Drawing on the notion of ‘politics of mobility’ and conceptualization of borders, this paper illustrates the peculiar, controversial and discriminatory citizenship policy, practice and discourse in Hong Kong. Under the ‘One Country, Two Systems’ constitutional principle, Hong Kong is separated from the China Mainland by an administrative border and exercises a separate residence rights regime. This paper highlights the tension produced by Hong Kong’s citizenship politics pursed by the state in turning the metropolitan into ‘Asia’s world city’ in this ‘One Country, Two Systems’ context. The world-city project entails offering right of abode (quasi citizenship) to highly-skilled migrants, ‘outstanding talents’ and investors while discriminating against those considered inappropriately-skilled such as poor family reunion migrants from mainland China.
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Edwards, Susan. "RAISING FREEDOM’S BANNER HOW PEACEFUL DEMONSTRATIONS HAVE CHANGED THE WORLD." Denning Law Journal 27 (November 16, 2015): 333–36. http://dx.doi.org/10.5750/dlj.v27i0.1116.
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Raising Freedom’s Banner is essential reading for students studying Constitutional and Administrative law, for those with an interest in human rights and also for those engaged in peaceful protests the world over. Paul Harris is a practising barrister in England and Wales and a Senior Counsel in Hong Kong. He founded the Bar Human Rights Committee of England and Wales. He has acted in several cases involving the right to peaceful protest, a right preserved by much struggle which he meticulously charts throughout the pages of his truly rich and wonderful historical and legal account. Paul Harris successfully represented Falun Gong in upholding their right to protest outside a government building in Hong Kong as part of a peaceful hunger strike against the treatment of Falun Gong in mainland China. As any visitor to Chinatown in London or indeed elsewhere will know Falun Gong simply wish to pursue their peaceful beliefs in Taoist and Buddhist teachings. For Paul Harris protest is the visible existence of the bastion of freedom.
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Tse, Thomas Kwan Choi. "Fears and Tears of Transparency and Disclosure: Controversies and Politics of School Profiles in Hong Kong Since 2000." Education and Urban Society 51, no. 8 (July 2, 2018): 1106–26. http://dx.doi.org/10.1177/0013124518785014.
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One measure of current education reform in Hong Kong is reporting school performance to the public to increase the transparency and accountability of schools, enhance parents’ right of access to information, and provide guides for choosing schools. This article examines the controversies and politics involved and shows how the sociopolitical construction of information are connected to crucial questions about how the conflicting values and expectations of different stakeholders are balanced. Advocating public school performance reporting without adequate deliberation could introduce anti-educational and unethical consequences, however unintended. Drawing on the works by Albert Meijer and findings from Hong Kong, this study provides additional empirical evidence and conceptual insights for understanding the complex dynamics of school transparency in the context of public sector accountability. The article concludes with analytical and ethical implications of the Hong Kong experience and recommendations for policy makers, particularly concerning the value judgments on the right to information, freedom of choice, transparency, accountability, freedom of the press, and professionalism.
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Leung, Lai Ching. "Gender mainstreaming childcare policy: barriers in a Confucian welfare society." Journal of International and Comparative Social Policy 30, no. 1 (February 2014): 41–52. http://dx.doi.org/10.1080/21699763.2014.886611.
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This paper examines the extent to which the influence of Confucianism on the welfare of women erects barriers to the gender mainstreaming (GM) of childcare policy in Hong Kong. GM is a global strategy adopted by the Beijing World Conference on Women in 1995. Adopting a context-sensitive approach in understanding the translation of the international concept of GM in the policy formation and practice in Hong Kong, we find that the Confucian welfare model has profound impact on women's welfare and the effectiveness of GM in Hong Kong. First, childcare support for the family is far from adequate due to the perception of childcare as the individual family's responsibility rather than as a citizen right. Second, the gender-neutral discourse commonly accepted by the policy-makers in Hong Kong reflects the inadequate gender-sensitivity training of government officials. Third, GM has been “watered down” as a technical tool instead of transforming gender inequality in the society.
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Hashim, Normawati, and Abd Shukor Mohd Yunus. "Right to Privacy and Malaysian Practice: A Step Further in Recognising another Aspect of Human Rights." Environment-Behaviour Proceedings Journal 5, SI3 (December 28, 2020): 289–95. http://dx.doi.org/10.21834/ebpj.v5isi3.2570.
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Privacy is an individual right that is fundamental to protect the dignity of a person, especially in the technological era. Currently, privacy is not part of human right under the Malaysian Federal Constitution. Conversely, European Union, South Africa, Hong Kong, and India were advance in the recognition. This is qualitative research analysing the need to move forward in recognising privacy as part of human right with reference to the practice of the European Union, South Africa, Hong Kong, and India. The outcome of the study is proposing a legal framework recognising privacy as a basic human right in Malaysia Keywords: privacy; human rights; fundamental liberties; external intrusion eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bsby e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v5iSI3.2570
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Lau, James Siu Ki, Yau Ming Chau, Yau Tak Wong, and Pui Gay Kan. "Right time, right place, and right direction: First reported use of dual simultaneous external defibrillation in Hong Kong." Hong Kong Journal of Emergency Medicine 26, no. 1 (April 5, 2018): 61–64. http://dx.doi.org/10.1177/1024907918760347.
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Introduction: Refractory ventricular fibrillation is not uncommon and can be extremely difficult to abort. There is currently no standard guideline to effectively manage this electrical storm. Case Presentation: We hereby present the first successful reported use of dual simultaneous external defibrillation on a patient with refractory ventricular fibrillation in Hong Kong. Conclusion: Given the numerous successful cases with intact neurology in literature, dual simultaneous external defibrillation should be employed in indicated patients.
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Markham, N. I., and A. K. Li. "Diverticulitis of the right colon--experience from Hong Kong." Gut 33, no. 4 (April 1, 1992): 547–49. http://dx.doi.org/10.1136/gut.33.4.547.
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YAN, Mei Ning. "Is There a Right to Newsgathering in Hong Kong? Putting the CFA Judgment of Choy Yuk Ling in Context." Amicus Curiae 5, no. 3 (July 1, 2024): 629–54. http://dx.doi.org/10.14296/ac.v5i3.5715.
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In Hong Kong, the Court of Final Appeal in HKSAR v Choy Yuk Ling (CFA 2023) quashed the convictions of a journalist who was accused of knowingly making false statements in her search requests of a government-maintained vehicles register containing personal data crucial to newsgathering. The Court held that the relevant search purposes should not be narrowly construed to exclude bona fide journalism; regard has to be given to freedom of speech and of the press; and data protection law permits disclosures of personal data in the public interest for news activity purposes. However, this decision was soon overturned by the Government’s new measures which in effect prevent any search of the register for journalistic purposes. In early 2024, the enactment of the Safeguarding National Security Ordinance by the Government has further eroded the right to newsgathering of Hong Kong journalists. Keywords: Hong Kong; Court of Final Appeal; newsgathering; freedom of speech and of the press; protection of personal data; Safeguarding National Security Ordinance 2024.
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Rico, Rico, Siti Fatimah, and Muzahid Akbar Hayat. "Hong Kong Public Social Communication Strategies in a Demonstration Against the Proposed Extradition Law." Journal of Sosial Science 2, no. 3 (May 28, 2021): 305–11. http://dx.doi.org/10.46799/jsss.v2i3.93.
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Hong Kong, one of the global financial centers, was plunged into chaos for almost two months straight from June to July 2019. For eight weeks, demonstrations by the Hong Kong people have been going on and on until they become violent. The demonstration was intended to deny the proposed extradition law, which would allow Hong Kong prisoners, including foreigners, to be extradited to China. The extradition bill is also called to threaten the freedom of local people, to threaten democracy and law in the Hong Kong region. The different political systems between China and Hong Kong make the relationship both vulnerable. As a special region in China, Hong Kong needs to get the attention of the Chinese government by conceding its rights and upholding its systems so that demonstrations need not be too worried. Hong Kong people are making a variety of attempts at demonstration and even some social communication strategies are used to reject the traditional bill. The method used in this study is qualitative deskriftive with case studies of direct observation of sites and several demonstration articles in Hong Kong. As a result of this study, several unique strategies of Hong Kong's demonstrations have been carried out to maintain a message being delivered by another group that the Hong Kong government has even brought attention to the world.
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Rico, Rico, Siti Fatimah, and Muzahid Akbar Hayat. "Hong Kong Public Social Communication Strategies in a Demonstration Against the Proposed Extradition Law." Journal of Social Science 2, no. 3 (May 28, 2021): 305–11. http://dx.doi.org/10.46799/jss.v2i3.93.
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Hong Kong, one of the global financial centers, was plunged into chaos for almost two months straight from June to July 2019. For eight weeks, demonstrations by the Hong Kong people have been going on and on until they become violent. The demonstration was intended to deny the proposed extradition law, which would allow Hong Kong prisoners, including foreigners, to be extradited to China. The extradition bill is also called to threaten the freedom of local people, to threaten democracy and law in the Hong Kong region. The different political systems between China and Hong Kong make the relationship both vulnerable. As a special region in China, Hong Kong needs to get the attention of the Chinese government by conceding its rights and upholding its systems so that demonstrations need not be too worried. Hong Kong people are making a variety of attempts at demonstration and even some social communication strategies are used to reject the traditional bill. The method used in this study is qualitative deskriftive with case studies of direct observation of sites and several demonstration articles in Hong Kong. As a result of this study, several unique strategies of Hong Kong's demonstrations have been carried out to maintain a message being delivered by another group that the Hong Kong government has even brought attention to the world.
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Cooke, Robin. "Human Rights in Hong Kong." Victoria University of Wellington Law Review 29, no. 1 (January 1, 1999): 45. http://dx.doi.org/10.26686/vuwlr.v29i1.6050.
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In this address to the UNDR commemorative seminar in April 1998 Lord Cooke speaks of human rights, his current judicial roles and the prospects for a common law of the world. Lord Cooke discusses the importance of human rights law in both substance and implementation. The author reports on the process of implementing constitutional law and human rights in New Zealand, Samoa, the Republic of Fiji, the United Kingdom, and Hong Kong.
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Poon Wai-Yee, Emily. "The Right of Abode Issue: Its Implication on Translation." Meta 47, no. 2 (August 30, 2004): 211–24. http://dx.doi.org/10.7202/008010ar.
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Abstract This paper explores the limitations on legal translation strategy by looking at the right of abode issue in Hong Kong—the very first case in which the role of interpretation was argued since the return of sovereignty to China in 1997. The different approaches to interpreting the mini-constitution, the Basic Law, by the Court of Final Appeal, the Hong Kong Government and the Central Authorities as well as public opinion on the issue will leave translators with no choice but to translate a text that carries terms with open interpretation as literally as possible so as not to affect the substance of the original text. This paper also discusses the strategy of translating a judgement made by a legal body. Legal bilingualism should enable the general public to understand the law to a greater extent than they previously did. A user-friendly approach to translation will accelerate the assimilation of the common law into the Chinese culture and language.
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Chan, Kenneth Ka Lok. "Hong Kong in the world: continuities and changes." Asian Education and Development Studies 8, no. 2 (April 8, 2019): 197–207. http://dx.doi.org/10.1108/aeds-04-2018-0075.
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Purpose To fill the gap in the existing literature on the 20th anniversary of the Hong Kong Special Administrative Region (HKSAR), the purpose of this paper is to critically reflect upon the continuities and changes of the city’s relations with the world. Design/methodology/approach The paper has adopted a generic approach to shed light on the factors behind the evolution of the international status of Hong Kong from a by-product of geopolitics to a global city in its own right, to understand how the city has been perceived by traditional western partners after 1997 and to investigate how China has made use Hong Kong’s international status. Findings It has shown that Beijing’s strategy toward Hong Kong has been marred by the inherent tensions between “becoming Chinese” and “remaining global.” The official discourse of functionalism, according to which economic and professional ties are both the most acceptable and therefore the least resisted pathways available for the development of Hong Kong’s external relations, has the opposite effect of expanding Beijing’s control over the city. Originality/value In contrast to the HKSAR Government’s belief that Hong Kong will certainly benefit from the emergence of China, the city has found itself on a shorter leash than ever. It has therefore pinpointed the pitfalls of the logic of functionalism which has dominated the existing literature as much as the policy-making process.
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Chong, Eric King-man. "Hong Kong under COVID-19: Active self-mobilization, freedom and responsibilities, and learnings." Citizenship Teaching & Learning 16, no. 2 (June 1, 2021): 273–84. http://dx.doi.org/10.1386/ctl_00063_1.
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Hong Kong society became the site of active self-mobilization when there was a virus outbreak in early 2020. Hong Kong residents quickly adopted voluntary protective measures such as minimizing social contacts and buying personal protective equipment. After the presence of a new Coronavirus was confirmed, medical and health care workers went on strike in early February, clamouring for the Hong Kong SAR government to close border crossings with China. They feared the medical and health care system would not be able to bear the rising numbers of infection. The government responded with a pronouncement that the strike was endangering lives, and that a complete closure of border checkpoints was unfeasible. Generally, Hong Kong residents exercised self-protection and self-restraint, voluntarily choosing to stay home except to go to work or buy daily necessities. As a result, Hong Kong did not adopt a citywide lockdown. More people began to leave their homes when infection rates slowed, but this led to further waves of infection. The Hong Kong experience raises a number of questions about society that are relevant to education and citizenship. What are individuals’ responsibilities during a pandemic? Does a state of pandemic make it acceptable to limit freedom of movement and freedom of expression, and if so, how can this principle be applied in relation to the right to strike for the purpose of compelling the government to take stronger public health measures? Specific to education, how can young people be taught to follow safety advice amid the temptation to go outdoors for exercise under restrictive measures? There is a need for engaging students in social compassion and dialogues to face a persistent pandemic.
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Dharma, Ken Bagus Setya. "Pelaksanaan The Sino-British Joint Declaration 1984 oleh Otoritas RRT Mengenai Pemberian Hak-Hak Otonomi bagi Wilayah Hong Kong." Jurist-Diction 4, no. 4 (July 1, 2021): 1509. http://dx.doi.org/10.20473/jd.v4i4.28484.
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AbstractHong Kong, a special autonomous region within the PRC's constitutional hierarchy, has a long history behind its privileges. It started with the defeat of the Qing Dynasty in a series of Opium Wars which ended with the 156-year rule of Hong Kong by the British which ended in 1997. However, the handover did not come easily. Based on The Sino-British Joint Declaration 1984, an international agreement made by Britain and China regarding the re-acceptance of Hong Kong, it promised Hong Kong to be an autonomous region for 50 years post-1997 except in the field of defence and cooperation with foreign powers. This article seeks to examine the implementation of The Sino-British Joint Declaration 1984 with a literature review method based on the rights it gives to the people of Hong Kong and the reality in daily life. Keywords: Implementation; The Sino-British Joint Declaration 1984; Hong Kong; Autonomy; International Agreement.AbstrakHong Kong yang merupakan sebuah wilayah otonomi khusus dalam hierarki ketatanegaraan RRT memiliki sejarah yang panjang yang melatarbelakangi keistimewaannya. Dimulai dari kekalahan Dinasti Qing dalam rentetan Perang Candu yang berakhir dengan penguasaan Hong Kong oleh Inggris selama 156 tahun yang berakhir pada 1997. Akan tetapi, penyerahan tersebut tidak terjadi dengan mudah. Berdasarkan The Sino-British Joint Declaration 1984, sebuah perjanjian internasional yang dibuat oleh Inggris dan RRT mengenai penerimaan kembali Hong Kong, ia memperjanjikan Hong Kong menjadi wilayah otonom selama 50 tahun pasca-1997 kecuali pada bidang pertahanan dan kerja sama dengan kekuatan asing. Artikel ini berusaha mengkaji penerapan The Sino-British Joint Declaration 1984 dengan metode kajian kepustakaan berdasarkan hak-hak yang diberikannya kepada rakyat Hong Kong dan kenyataannya dalam kehidupan sehari-hari.Kata Kunci: Pelaksanaan; The Sino-British Joint Declaration 1984; Hong Kong; Otonomi; Perjanjian Internasional.
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Li, David C. S. "The Functions and Status of English in Hong Kong." English World-Wide 20, no. 1 (November 5, 1999): 67–110. http://dx.doi.org/10.1075/eww.20.1.03li.
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This paper is an update of Luke and Richards' (1982) study on the functions and status of English in Hong Kong. The sociolinguistic matrix is described by outlining the distribution of the main functions of the two written languages standard written Chinese (SWC) and English, and the three spoken languages Cantonese, English and Putonghua, in four key domains: government, media, employment and education. Cantonese and English remain the most important spoken languages. The macro-sociolinguistic analysis "diglossia without bilingual-ism" has given way to polyglossia with increasing bilingualism. There are two written H varieties, SWC and English, the former is penetrating into some domains formerly dominated by the latter. Cantonese, typically interspersed with some English, is assigned L functions in both spoken and written mediums. There is some indication that Putonghua is getting increasingly important in post-colonial Hong Kong, but there are as yet no significant social functions assigned to it. Compared with the early 1980s, significant changes have taken place at all levels. Language-related changes are discussed in light of a critical review of recent local research in a number of areas: medium of instruction, language right, linguistic imperialism, Hong Kong accent, Hong Kong identity and language attitudes toward Chinese and English. In view of the tremendous social prestige and symbolic predominance of English, it is argued that "value-added" is a more suitable epithet than "auxiliary" to characterize the status of English in post-1997 Hong Kong.
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Li, Jiayan, and Zhedong Wei. "Intelligent Optimization Method of the Higher Vocational Education System for Labor Market Demand in Guangdong-Hong Kong-Macao Greater Bay Area." Mathematical Problems in Engineering 2022 (October 13, 2022): 1–11. http://dx.doi.org/10.1155/2022/6495185.
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The current educational development in the Guangdong-Hong Kong-Macao Greater Bay Area is not enough to support the construction of a world-class bay area, so the education reform and innovation in the Greater Bay Area face many challenges. This study systematically sorts out the challenges faced by education in the Guangdong-Hong Kong-Macao Greater Bay Area, starting from the interpretation of the talent training standards in the new era, and proposes that the education innovation in the Guangdong-Hong Kong-Macao Greater Bay Area should re-understand and implement the national education right of the SAR, improve the standards and raining quality of talents, and strengthen innovation-driven development, and an education system with the characteristics of the Greater Bay Area should be built to give full play to the role of education in regional economic development and to cultivate talents in the new era.
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Jørgensen, Nina H. B. "The (Unequal) Relationship between Hong Kong’s Waters and China’s Baselines." Asia-Pacific Journal of Ocean Law and Policy 4, no. 1 (June 19, 2019): 1–27. http://dx.doi.org/10.1163/24519391-00401001.
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This article aims to clarify the legal relationship between Hong Kong’s maritime areas and China’s baseline system by conducting an historical inquiry into how the current status quo was reached and considering the implications for Hong Kong’s future development. China’s well-known position is that the treaties granting authority to the British in Hong Kong, including the ninety-nine year lease of the New Territories, were ‘unequal’ and therefore invalid so that sovereignty over the land and waters of Hong Kong never left Chinese hands and this position would be recognized and remedied at the appropriate time. As the Hong Kong experience illustrates, when territory is surrendered or leased, rights and claims are altered and sometimes extended. The historical evolution of those rights and claims therefore impacts on current territorial relationships. The example of Hong Kong may additionally serve as a reference point for modern day lease arrangements concerning coastal territory made outside the colonial context.
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Martyn, Howard Lorne. "Narratives as Catalysts for Transformation and Social Action Planning within the Hong Kong Indonesian Migrant Community." Asian Social Science 14, no. 6 (May 28, 2018): 106. http://dx.doi.org/10.5539/ass.v14n6p106.
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This paper discusses the use of written and oral narratives, composed as classroom assignments by adult Indonesian migrant workers, sojourning in Hong Kong. Individually written narratives embody group-common elements that can be acted upon, thus becoming catalysts for personal growth and for group social action planning. Personal growth includes refocusing personal identity away from the societally imposed and devalued ‘domestic helper’, toward identities that offer self-empowerment. Redefining personal identity within a group learning situation also builds group identity which can be directed toward confronting hegemonic forces. This is done on four fronts: firstly, by claiming the symbolic right of cultural space and by demanding respect within the larger Hong Kong community; secondly, by publicly agitating against government policies, such as human rights and minimum wage legislation, that migrant workers believe disadvantage them; thirdly, by increasing ability in English, Cantonese, and basic computer applications that specifically meet Indonesians’ work requirements and interests; and finally, by building the capacity to confront employers in claiming government guaranteed minimum wages and rest days. Through these actions, the opportunity for both personal and societal transformation is created.Data was collected through journal narratives and semi-structured qualitative interviews with migrants who were taking weekly English languages classes at a small private training center in Hong Kong.
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Ho, John Kong Shan. "Revisiting the viability to allow dual-class share structure companies to list in the financial market of Hong Kong." Common Law World Review 47, no. 3 (September 2018): 167–95. http://dx.doi.org/10.1177/1473779518791769.
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The request of Alibaba, China’s largest e-commerce company, to allow a self-selected group of its past and present management known as the ‘partners’ the right to nominate a majority of the directors in its negotiation with the Hong Kong Stock Exchange (HKEx) for an initial public offering (IPO) in 2013 reignited a new round of debate over the one share, one vote policy, which has survived for three decades in Hong Kong. Alibaba’s IPO application to list on the HKEx was eventually rejected which ultimately led to the company’s decision to list on the New York Stock Exchange. In late 2017, the debate on whether companies with dual-class share (DCS) structure should be allowed to list in Hong Kong re-emerged as the HKEx has announced that it would amend its listing rules to enable companies with DCS structure to list on its exchange, subject to certain safeguards and restrictions. This article examines what measures Hong Kong could adopt to allow companies with DCS structure to list on its exchange despite legal and institutional shortcomings of its financial market. In doing so, it will also make reference to other major financial markets in the world and examine how other jurisdictions have handled the issue of DCS structure companies.
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Li, Angus Siu-cheong. "Killing with No Punishment: Police Violence and Judicial (In)justice." IAFOR Journal of Cultural Studies 6, SI (January 22, 2021): 33–48. http://dx.doi.org/10.22492/ijcs.6.si.03.
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This article offers a critical reading of the Limbu Case that took place in 2009 in Hong Kong. The Limbu Case was about an ethnic Nepalese named Dil Bahadur Limbu who was shot dead by a police constable on a hillside, which resulted in controversies around issues such as excessive police use of force and discretionary policing in Hong Kong. In the coroner’s inquest (court case no.: CCDI298/2009) regarding Limbu’s death, a verdict of lawful killing was reached by a jury of five. In other words, the killing was defined as a permissible killing. Drawing attention to the process of questioning “reasonableness” of the killing, I attempt to shed light on the ambiguities of the coronial system in Hong Kong which results in a missed opportunity to prevent future deaths. In other words, this article uncovers how the state is unable to live up to its promise to protect people's right to life.
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Wong, Mathew Y. H. "PARTY COMPETITION AND IDEOLOGY IN HONG KONG: A NEW MANIFESTO CODING DATASET." Journal of East Asian Studies 20, no. 2 (April 15, 2020): 207–30. http://dx.doi.org/10.1017/jea.2020.3.
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AbstractThis study provides a new dataset on the ideological positions of political parties in Hong Kong, which is a hybrid regime with electoral elements. Using this dataset, the study challenges the non-ideological view of party competition in Hong Kong by identifying an ideological dimension to the elections held between 1998 and 2016. It is shown that parties do position themselves along an identifiable left–right spectrum, with shifts that can be meaningfully interpreted, and that the aggregate ideology of the electorate appears to be linked to the level of economic growth. The ideological dimension provides a novel perspective on local politics that looks beyond the dominant pro-democracy versus pro-Beijing divide while also shedding light on the recent changes underlying the latter. This study provides valuable objective data for analyzing political competition dynamics and contributes to the comparative literature by incorporating Hong Kong into the framework of the manifesto coding project.
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WAN, Jing. "Capital Market Liberalisation in China: Progress and Challenges." East Asian Policy 09, no. 04 (October 2017): 92–100. http://dx.doi.org/10.1142/s1793930517000381.
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China’s capital market has continued to open up to the world despite disruptions. In the stock market, opening up involves the Shanghai-Hong Kong and the Shenzhen-Hong Kong Stock Connect schemes. In the exchange rate market, renminbi joined the International Monetary Fund’s Special Drawing Rights basket in 2015. In July 2017, China and Hong Kong launched the “Bond Connect” programme. In the near future the focus of capital account liberalisation is likely on the bonds market.
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SCULLY-HILL, Anne. "Competing Family Law Norms: Challenging Hong Kong Law’s Conceptualization of the Ideal Family." Asian Journal of Comparative Law 11, no. 2 (December 2016): 343–65. http://dx.doi.org/10.1017/asjcl.2016.24.
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AbstractTwo recent Hong Kong cases have highlighted the developing dissonance between family law norms in Hong Kong and other jurisdictions. The first entailed a challenge to the Hong Kong Director of Immigration’s refusal to recognize an overseas same-sex civil partnership as analogous to marriage. The second concerned a parental order for a child born overseas as a result of a surrogacy arrangement to an unmarried commissioning couple. These two cases challenged a specific conceptualization of the family in Hong Kong law: a preference for a heterosexual, married couple as the basis for the family unit. However, other common law jurisdictions would recognize the applicants’ claims to family status, as do international human rights principles. This article explores the scope and intersection of Hong Kong’s family law values, its private international law obligations, and the potential for invoking the public policy exception in these cases. In doing so, it tests the extent to which Hong Kong law’s conceptualization of the “Ideal Family” can be legitimately imposed to oust the claims of the “Other Family” to legal recognition.
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Leung, Frankie Fook-lun. "Hong Kong: Bill of Rights Ordinance." International Legal Materials 30, no. 5 (September 1991): 1310–19. http://dx.doi.org/10.1017/s0020782900019100.
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