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The Rule of Law in an Evolving Democracy Syed Kemal Bokhary* I
THE RULE OF LAW IN AN EVOLVING DEMOCRACY Syed Kemal Bokhary* No democratic arrangement is perfect. All are open to abuse. Still democracy’s blessings are self-evident. Hong Kong’s democracy is evolving, and still far from fully realised. Everybody agrees that an increase is needed. But the pace and form of the increase are matters of political controversy. Absent full democracy, can the rule of law prevail? Yes, but only on certain conditions. There has to be independent judicial stewardship of an entrenched constitution. Powers must be properly separated. Human rights must be protected conformably with international norms.1 And the existence of the rule of law must not be treated as justification for delay in democratic development. Without defining the rule of law, these conditions illustrate its nature. I. Judicial Independence and an Entrenched Constitution Our judiciary – as I have previously explained in Hong Kong2, in Mainland China 3 and overseas 4 – is independent. And it is well served by an able profession, a learned academy, a free media and an alert population. Hong Kong’s constitution is entrenched. Initially our constitutional instruments were the Letters Patent and the Royal Instructions. In 1991 they were joined by the Bill of Rights which is modelled on the International Covenant on Civil and Political Rights. Today our constitution is the Basic Law. It came into force upon the handover by which Chinese sovereignty of Hong Kong was resumed on 1 July 1997. By its preamble, the Basic Law declares the “one country, two systems” principle. It is pursuant to this principle that Hong Kong’s system is preserved different from the Mainland’s. -
Lunar New Year Events
FOUNDER & PUBLISHER Kowie Geldenhuys EDITOR-IN-CHIEF Paulo Coutinho www.macaudailytimes.com.mo FRIDAY T. 19º/ 25º Air Quality Good MOP 8.00 3461 “ THE TIMES THEY ARE A-CHANGIN’ ” N.º 24 Jan 2020 HKD 10.00 A NEW PREMIUM CARRIER FROM WANZAI PORT RE-OPENING WHAT TO TAIWAN LAUNCHED FLIGHTS TO MACAU YESTERDAY DURING A MARRED BY IMPORTED EXPECT IN THE CEREMONY AT THE LOCAL AIRPORT CORONAVIRUS CASES YEAR OF THE RAT P4 P2 INSIDE AP PHOTO TOURISM BOARD CANCELS P8 WUHAN CORONAVIRUS Singapore The outbreak LUNAR NEW YEAR EVENTS of a SARS-like virus that’s killed at least 17 people appeared in the Asian financial hub of Singapore, as Chinese health officials scrambled to halt its spread. Travel was halted in Wuhan, China, where the virus was first detected, nearby municipalities restricted the use of transport and public sites, and schools in surrounding Hubei province delayed the opening of spring terms. Myanmar A top United Nations official who deals with human rights in Myanmar said yesterday that the international community must continue to put pressure on the Southeast Asian nation to follow any decision by the International Court of Justice regarding its treatment of minority Rohingya Muslims. In a unanimous decision, the court added that its order for so-called provisional measures intended to protect the Rohingya is binding “and creates international legal obligations” on Myanmar. AP PHOTO AP PHOTO The fabric of Australian life, that sun-licked, Japan Shelters made of cardboard start popping healthy, up in the basement of outdoor way Tokyo’s Shinjuku train of living that station right before the shutters come down has drawn at 11 p.m., in corridors people to the where “salarymen” continent for rushing home and couples on late-night decades, is dates have just passed under assault by. -
VAHONGKONG 15 Hebei V Polytek HKLII
Home | Databases | WorldLII | Search | Feedback I. COURT OF FINAL APPEAL You are here: HKLII >> Databases >> Court of Final Appeal >> 1999 >> [1999] HKCFA 40 Database Search | Name Search | Recent Decisions | Noteup | LawCite | MS Word Format | Chinese Translation | Help A. HEBEI IMPORT & EXPORT CORPORATION V. POLYTEK ENGINEERING CO. LTD. [1999] HKCFA 40; [1999] 1 HKLRD 665; (1999) 2 HKCFAR 111; FACV10/1998 (9 FEBRUARY 1999) FACV000010/1998 FACV No. 10 of 1998 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 10 OF 1998 (CIVIL) (ON APPEAL FROM CACV No. 116 OF 1997) _____________________ Between: HEBEI IMPORT & EXPORT CORPORATION Appellant AND POLYTEK ENGINEERING COMPANY LIMITED Respondent _____________________ Court: Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Bokhary PJ and Sir Anthony Mason NPJ Date of Hearing: 21, 22, 27 and 28 January 1999 Date of Judgment: 9 February 1999 ___________________ J U D G M E N T ___________________ Chief Justice Li : 1. I have read the judgment of Sir Anthony Mason NPJ. I agree with it and the orders he proposes. Mr Justice Litton PJ : Introduction 2. I have had the advantage of reading in draft Sir Anthony Mason NPJ's judgment. As he has set out fully the background to this appeal, it is unnecessary for me to repeat it. History of the proceedings 3. It is important at the outset to bear in mind that the court is here concerned with a Convention award: an award which, in this case, has been determined by a court in the supervisory jurisdiction to have been made in conformity with the rules governing the arbitral process. -
The Globalization of Chinese Food ANTHROPOLOGY of ASIA SERIES Series Editor: Grant Evans, University Ofhong Kong
The Globalization of Chinese Food ANTHROPOLOGY OF ASIA SERIES Series Editor: Grant Evans, University ofHong Kong Asia today is one ofthe most dynamic regions ofthe world. The previously predominant image of 'timeless peasants' has given way to the image of fast-paced business people, mass consumerism and high-rise urban conglomerations. Yet much discourse remains entrenched in the polarities of 'East vs. West', 'Tradition vs. Change'. This series hopes to provide a forum for anthropological studies which break with such polarities. It will publish titles dealing with cosmopolitanism, cultural identity, representa tions, arts and performance. The complexities of urban Asia, its elites, its political rituals, and its families will also be explored. Dangerous Blood, Refined Souls Death Rituals among the Chinese in Singapore Tong Chee Kiong Folk Art Potters ofJapan Beyond an Anthropology of Aesthetics Brian Moeran Hong Kong The Anthropology of a Chinese Metropolis Edited by Grant Evans and Maria Tam Anthropology and Colonialism in Asia and Oceania Jan van Bremen and Akitoshi Shimizu Japanese Bosses, Chinese Workers Power and Control in a Hong Kong Megastore WOng Heung wah The Legend ofthe Golden Boat Regulation, Trade and Traders in the Borderlands of Laos, Thailand, China and Burma Andrew walker Cultural Crisis and Social Memory Politics of the Past in the Thai World Edited by Shigeharu Tanabe and Charles R Keyes The Globalization of Chinese Food Edited by David Y. H. Wu and Sidney C. H. Cheung The Globalization of Chinese Food Edited by David Y. H. Wu and Sidney C. H. Cheung UNIVERSITY OF HAWAI'I PRESS HONOLULU Editorial Matter © 2002 David Y. -
Table of Content
Table of Content P. 2 Welcoming Message P. 3 Co-Organizers Supporting Institutions P. 4 Background of the Conference Keynote Speakers P. 5 Plenary Speakers - Day 1 P. 6 Plenary Speakers - Day 2 Speaker - Closing Remarks P. 7 -10 Conference Schedule P. 11 Details of Keynote Speeches P. 12 -13 Details of Plenary Sessions P. 14 Details of Closing Remarks P. 14 -17 Details of Breakout Sessions P. 18 -19 Details of Poster Sessions P. 20 Exhibitions P. 21 Registration Accommodation P. 22 Meal Arrangement Dining P. 23 - 24 Transport P. 25 Information for Visitor Cultural & Tour Program Appendix P. 26 Information for Presenters P. 27 Map of Conference Venue P. 28 Map of Lingnan University 1 Welcoming Message WELCOME TO THE 6TH PAN -ASIAN INITIATIVE ON SERVICE -LEARNING & THE 2ND ASIA -PACIFIC REGIONAL CONFERENCE ON SERVICE -LEARNING Crossing Borders, Making Connections: ServiceService----LearningLearning in Diverse Communities Lingnan University, 2009 Welcome and thank you for celebrating with us this momentous occasion. We are proud to introduce the 6th Pan-Asian Initiative on Service-Learning and the 2 nd Asia-Pacific Regional Conference on Service-Learning. Co-organized by the Office of Service-Learning in Lingnan University, Lingnan Foundation, and the United Board, this event is designed to expand the awareness and recognize the importance of Service-Learning in higher education. The theme of this year’s conference is “Crossing Borders, Making Connections: Service-Learning in Diverse Communities.” It aims to further develop the concept of Service-Learning in the context of diversity and pluralism, as well as touch upon important topics, such as the ethical dimensions in Service-Learning and the relationship between Social Enterprise and Service-Learning. -
The Hong Kong Institute of Architects Third Quarterly General Meeting 26 September 2019 President's Report
App B The Hong Kong Institute of Architects Third Quarterly General Meeting 26 September 2019 President's Report Dear Members, I am pleased to share with you some of our remarkable efforts made both locally and overseas during this busy but fruitful summer. Promoting Architectural Excellence HKIA Idea Design Competition 2019 The HKIA Idea Design Competition 2019, supported by the Architectural Services Department, was successfully held this summer. The competition called for a design idea for the Entrance Gateway for the Victoria Park Lunar New Year Fair in January 2020. As a member of the jury panel, I was impressed by the creativity of the candidates’ design schemes. You may visit the winning design, Gateway of Happiness, at Victoria Park Lunar New Year Fair 2020! 2019 Hong Kong & Shenzhen Bi-City Biennale of Urbanism\Architecture ('UABBHK2019') With the theme '2 x 2: Imagine to Innovate', the UABBHK2019 curatorial team, led by Mr. Roger Wu, believes the key lies in how current and future generations imagine and envision the city, and would focus on exploring new proposals and experiments that can bring positive changes to the city. In between May to August 2019, 5 curatorial conversations with the intentional curatorial advisors, past UABBHK curators and some well-known curator and architects in Hong Kong as speakers, were held, to engage the stakeholders of the exhibition in dialogues shaping the exhibition. With more than 70 installations, the exhibition would be satellite exhibitions to be held at The Mills, West Kowloon High-speed Rail Station, 7 Mallory Street, Wanchai, and Shenzhen exhibition venue from December 2019 to March 2020. -
附錄列表- List of Appendices
! List of Appendices 2001 !" Appendix 1 Highlights of Events 2001 142 !"#$% Appendix 2 List of Judges and Judicial Officers 148 ! Appendix 3 Structure of Courts 154 !"#$!%&!'( Appendix 4 Membership List of the Judicial Officers Recommendation Commission 155 !"#$%&$'( Appendix 5 Membership List of the Court Users’ Committees 156 !"#$%&#'(#)* Appendix 6 Membership List of the Judicial Studies Board 158 !"#$!%&'( / !"#$ Appendix 7 Training Activities Organised / Co-ordinated by the Judicial Studies Board 159 !"#$% / Appendix 8 Number of Visits and Visitors to the Judiciary 166 2000–2001 !"#$%&'() Appendix 9 Expenditure and Revenue of the Judiciary for 2000–2001 167 !"#$%&! Appendix 10 Organisation of the Judiciary Administration 168 List of Appendices ! 141 Appendix 1 !" 2001 2001 !" Highlights of Events 2001 Highlights of Events 2001 January March 10 !"#$%&'()*$+, Virginia Bonoan-Dandan !"#$% Paul Hunt 22-28 !"#$%&'() 1980 10 25 !"# !"#$%&'() !"# $%& !" !"##$ Professor Virginia Bonoan-Dandan, Chairperson, and Professor Paul Hunt, Rapporteur, Committee The Hon Mr Justice Hartmann attended the “Fourth Special Commission to review the operation on Economic, Social and Cultural Rights, the United Nations, called on the Hon Chief Justice of the Hague Convention of 25 October 1980 on the Civil Aspects of International Mr Andrew Li Child Abduction” in Hague, the Netherlands 11 !"#$%&'()$*+,-$./01234567238-9: 23-24 !"# $%&'( $%)*+ $%,-. $%/01$23456789:;< $ The terms of office of The Rt Hon The Lord Nicholls of -
Review of Sexual Offences Sub-Committee
THE LAW REFORM COMMISSION OF HONG KONG REPORT VOYEURISM AND NON-CONSENSUAL UPSKIRT-PHOTOGRAPHY This report can be found on the Internet at: <http://www.hkreform.gov.hk> April 2019 The Law Reform Commission of Hong Kong was established by the Executive Council in January 1980. The Commission considers for reform such aspects of the law as may be referred to it by the Secretary for Justice or the Chief Justice. The members of the Commission at present are: Chairman: Ms Teresa Cheng, GBS, SC, JP, Secretary for Justice Members: The Hon Chief Justice Geoffrey Ma, GBM The Hon Mr Justice Andrew Cheung, PJ Ms Theresa Johnson, Law Draftsman Ms Christine Fang, BBS, JP Professor Christopher Gane Professor Michael Hor Mr Allan Leung Professor Lin Feng Ms Alexandra Lo, JP Mr Robert Y H Pang, SC Ms Winnie Tam, SC, JP Ms Melissa Wu The Acting Secretary of the Commission is Ms Adeline Wan, Acting Principal Government Counsel and the Commission's offices are at: 4/F East Wing, Justice Place 18 Lower Albert Road Central Hong Kong Telephone: 3918 4097 Fax: 3918 4096 E-mail: [email protected] Website: http://www.hkreform.gov.hk THE LAW REFORM COMMISSION OF HONG KONG REPORT VOYEURISM AND NON-CONSENSUAL UPSKIRT-PHOTOGRAPHY _____________________________________________________ CONTENTS Page Introduction 1 Terms of reference 1 The Sub-committee and its work to date 2 Previous work of the Sub-committee 4 Sexual Offences Records Checks for Child-Related Work 4 Presumption that a Boy under 14 is Incapable of Sexual 4 Intercourse Overall Review of the Substantive -
In the Court of Final Appeal of the Hong Kong Special Administrative Region
FACV Nos. 9 & 10 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS. 9 & 10 OF 2006 (CIVIL) (ON APPEAL FROM CACV NOS. 297 & 298 OF 2004) _______________________ Between: SIEGFRIED ADALBERT UNRUH Plaintiff (Respondent) - and - HANS-JOERG SEEBERGER 1st Defendant (1st Appellant) EGANAGOLDPFEIL (HOLDINGS) LIMITED 2nd Defendant (2nd Appellant) _______________________ Court: Chief Justice Li , Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Mr Justice McHugh NPJ Dates of Hearing: 15, 16 and 18 January 2007 Date of Judgment: 9 February 2007 _______________________ J U D G M E N T _______________________ Chief Justice Li: 1. I agree with the judgment of Mr Justice Ribeiro PJ. — 2 — Mr Justice Bokhary PJ: 2. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Chan PJ: 3. I have read the judgment of Mr Justice Ribeiro PJ in draft. I agree entirely with his comprehensive analysis and conclusions. I too would dispose of these appeals as proposed by him in the concluding paragraph of his judgment. Mr Justice Ribeiro PJ: A. The parties and the issues 4. On 19 September 1992, the plaintiff (“Mr Unruh”) entered into a Memorandum of Agreement (“the MoA”) with the 1st defendant (“Mr Seeberger”). The MoA provides that under certain circumstances, Mr Unruh is to become entitled to payment of a “Special Bonus”. Mr Unruh contends that such entitlement has arisen and, not having been paid, brought proceedings to recover the same from Mr Seeberger and from the 2nd defendant (“Egana”, formerly called Haru International (Holdings) Limited). -
Cb(4)590/12-13(01)
立法會 Legislative Council LC Paper No. CB(4)590/12-13(01) Ref : CB4/HS/1/12 Background brief prepared by the Legislative Council Secretariat Subcommittee on Proposed Senior Judicial Appointments Purpose 1. This paper provides background information on the procedure for endorsement of senior judicial appointments by the Legislative Council ("LegCo") under Article 73(7) of the Basic Law ("BL 73(7)") and gives a brief account of the relevant discussions by LegCo committees. Relevant provisions of the Basic law and the Hong Kong Court of Final Appeal Ordinance (Cap. 484) 2. BL 48(6) confers on the Chief Executive ("CE") the power and function to appoint judges of the courts at all levels in accordance with legal procedures. In accordance with BL 88, judges shall be appointed by CE on the recommendation of an independent commission, namely, the Judicial Officers Recommendation Commission ("JORC"). 3. In the case of the appointment of judges of the Court of Final Appeal ("CFA") and the Chief Judge of the High Court, BL 90 provides that CE shall, in addition to following the procedures prescribed in BL 88, obtain the endorsement of LegCo. Subject to the endorsement of LegCo, CE shall report such appointment to the Standing Committee of the National People's Congress for the record. BL 73(7) correspondingly confers on LegCo the power and function to endorse the appointment of CFA judges and the Chief Judge of High Court. Such procedure is also stipulated in section 7A of the CFA Ordinance. - 2 - JORC Membership 4. Pursuant to BL88 and the JORC Ordinance (Cap. -
Paths of Justice
PATHS OF JUSTICE Johannes M. M. Chan http://www.pbookshop.com Hong Kong University Press The University of Hong Kong Pokfulam Road Hong Kong www.hkupress.hku.hk © 2018 Hong Kong University Press ISBN 978-988-8455-93-5 (hardback) ISBN 978-988-8455-94-2 (Paperback) All rights reserved. No http://www.pbookshop.comportion of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publisher. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. 10 9 8 7 6 5 4 3 2 1 Printed and bound in Hong Kong, China Preface What is justice? Can justice be done? Jurists and philosophers have been asking these questions for centuries. While there is a huge body of learned work on these questions, no theory can tell what justice is or whether justice has been done in any particular case. At the end of the day, justice perhaps just lies in the hearts of ordinary people. Like the concept of the reasonable man, justice may not be something that can be formulated in abstraction but by and large is something that we recognize when we see it in practice. I have long wanted to write a book to explore these themes through real cases. As an academic lawyer, I have the privilege of being involved in the two related but in fact quite separate worlds of academia and legal practice. -
Multilingual Named Entity Extraction and Translation from Text and Speech
DRAFT COPY ONLY MULTILINGUAL NAMED ENTITY EXTRACTION AND TRANSLATION FROM TEXT AND SPEECH Fei Huang November 2005 CMU-LTI-XXX-XX Language Technologies Institute School of Computer Science Carnegie Mellon University THESIS COMMITTEE Alexander Waibel (Chair) Stephan Vogel Alon Lavie Kevin Knight (USC/ISI) Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy °c 2005 Fei Huang 1 DRAFT COPY ONLY Abstract Named entity (NE), the noun or noun phrases referring to per- sons, locations and organizations, are among the most information- bearing linguistic structures. Extracting and translating named en- tities benefits many natural language processing problems such as cross-lingual information retrieval, cross-lingual question answer- ing and machine translation. In this thesis work we propose an efficient and effective framework to extract and translate NEs from text and speech. We adopt the hidden Markov model (HMM) as our baseline NE extraction sys- tem, and investigate its performance in multiple language pairs with varying amount of training data. We expand the baseline text NE tagger with a context-based NE extraction model, which aims to detect and correct NE recognition errors from automatic speech recognition hypotheses. We also adapt the broadcast news trained NE tagger for meeting transcripts. We develop several language-independent features to capture pho- netic and semantic similarity measures between source and target NE pairs. We incorporate these features to solve various NE trans- lation problems presented in different language pairs (Chinese to English, Arabic to English and Hindi to English), with varying re- sources (parallel and non-parallel corpora as well as the world wide web) and different input data streams (text and speech).