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Stephen David Mau
STEPHEN DAVID MAU Hong Kong Office Telephone: 852-3400-3865 E-mail: [email protected] EXPERIENCE: The Hong Kong Polytechnic University Hong Kong August 2007 – Date Assistant Professor - Law in the Dept. of Building & Real Estate. Aculex Transnational Inc. Hong Kong January 2006 – July 2007 Senior Consultant. Hellings Morgan Associates Hong Kong November 1995 – December 2005 Consultant. City University of Hong Kong Hong Kong March 1993 - October 1995 Assistant Professor - Law. Nishiyama, Mukai, Leewong, Evans & Saldin Hong Kong October 1992 - January 1993 Consultant Mau Law Office Rye, New Hampshire May 1985 - December 1991 Solo Practice. Fryer, Boutin, Warhall & Solomon, P.A. Londonderry, New Hampshire February 1984 - April 1985 Associate. EDUCATION: McGeorge School of Law - University of the Pacific - Sacramento, CA LL.M., Transnational Business Practice, December 1992. University of Connecticut School of Law - West Hartford, CT J.D., May 1983. University of Exeter Faculty of Law - Exeter, England Exchange Program in International Law, Fall of 1982. London School of Economics - London, England Notre Dame Summer Program in International Law, Summer of 1981. Brandeis University - Waltham, MA B.A. Politics, May 1980. St. Paul's School, Advanced Studies Program - Concord, NH LANGUAGES: English Cantonese French Stephen David MAU, page 2. BAR ADMISSIONS and PROFESSIONAL MEMBERSHIPS: State of New Hampshire, October 1983 U.S. District Court for the District of New Hampshire, October 1983 U.S. Circuit Court of Appeals for the First Circuit, March 1986 Member, Chartered Institute of Arbitrators Member, American Arbitration Association HKIAC Accredited Mediator (General) PUBLICATIONS: Equity, the Third World and the Moon Treaty 8 Suffolk Transnational Law Journal 221 (1984) Current Arbitration Practice in Hong Kong Arbitration [Journal of the Chartered Institute of Arbitrators], Vol. -
081216-Keast-YAIA-HK
Hong Kong’s disaffected youths – Is the criticism warranted? December 7, 2016 Jacinta Keast Sixtus ‘Baggio’ Leung and Yau Wai-ching, two young legislators from the localist Youngspiration party, have been barred from Hong Kong’s legislative council (LegCo). Never has China’s National People’s Congress (NPC) jumped to an interpretation on a matter in Hong Kong without a prior request from the local government or courts. This comes after the pair modified their oaths, including enunciating the word ‘China’ as ‘Cheena’ (支那), a derogatory term used by the Japanese in World War II, using expletives to refer to the People’s Republic of China, and waving around blue ‘Hong Kong is not China’ banners at their swearing in. Commentators, including those from the pan-democratic side of the legislature, have called their behaviour infantile, ignorant and thuggish, and have demanded ‘that the hooligans be locked up’. But is this criticism warranted? A growing tide of anti-Mainlander vitriol has been building in Hong Kong since it was handed back to the People’s Republic of China in 1997 under a special constitution termed The Basic Law. In theory, the constitution gave Hong Kong special privileges the Mainland did not enjoy—a policy called ‘One Country, Two Systems’. But in practice, more and more Hong Kong residents feel that the long arm of Beijing’s soft power is extending over the territory. The Occupy movement and later the 2014 Umbrella Revolution began once it was revealed that the Chinese government would be pre-screening candidates for the 2017 Hong Kong Chief Executive election, the election for Hong Kong’s top official. -
Property Connect
Property Connect December 2020 | A newsletter from the Department of Property Acts of kindness and Replicating the support rewarded classroom online Property students Olivia Andrevski and Filip Ograbek have Just as the Property Department’s academic staff had to quickly each been awarded a prize of $2,500 as part of the Grace Shi adjust to teaching and facilitating courses in an online Acts of Kindness and Support of Fellow Property Students environment during lockdown, students also struggled to Award 2020. replicate physical learning environments. The award was made possible thanks to a generous donation Olivia Andrevski, a third year BCom/BProp conjoint student, says to the Property Department by alumnus Grace Shi, a that in previous semesters she benefitted greatly from the use of Residential Property Manager with LJ Hooker Ponsonby who study groups, face-to-face chats with lecturers, and the campus completed her BCom/BProp conjoint degree in 2016. library and was concerned how she would perform academically without these resources. However, Olivia found that the Both students were chosen for their significant acts of University’s online learning platform Piazza was extremely kindness and support to their peers and lecturers throughout beneficial during lockdown. the year. Olivia and Filip were nominated respectively by Head of Property Professor Deborah Levy and ALES President Anna “Online lectures, tests, assignments and exams Creahan in collaboration with the ALES committee. definitely took some getting used to, but the Filip Ograbek “Despite the circumstances of 2020, Filip has Piazza platform let me seek help on areas of been hard-working and motivated and has consistently gone out of his way to motivate and offer help and support to other uncertainty in my courses while helping other property students. -
H. Res. 422 in the House of Representatives, U
H. Res. 422 In the House of Representatives, U. S., November 1, 2017. Whereas the People’s Republic of China assumed the exercise of sovereignty over the Hong Kong Special Administra- tive Region 20 years ago, on July 1, 1997; Whereas the Joint Declaration between the Government of the United Kingdom of Great Britain and the Govern- ment of the People’s Republic of China on the Question of the Hong Kong (in this resolution referred to as the ‘‘Joint Declaration’’) required China’s National People’s Congress (NPC) to pass the ‘‘Basic Law of the Hong Kong Special Administrative Region of the People’s Re- public of China’’ (in this resolution referred to as the ‘‘Basic Law’’) consistent with the obligations contained in the Joint Declaration, which was approved by the NPC on April 4, 1990; Whereas relations between the United States and Hong Kong are fundamentally based upon the continued maintenance of the ‘‘one country, two systems’’ policy stipulated in the United States-Hong Kong Policy Act of 1992 (Public Law 102–383; 22 U.S.C. 5701 et seq.) and established by the Joint Declaration; Whereas under the ‘‘one country, two systems’’ policy estab- lished by the Joint Declaration, Hong Kong ‘‘will enjoy a high degree of autonomy except in foreign and defense 2 affairs’’ and ‘‘will be vested with executive, legislative and independent judicial power including that of final adju- dication’’; Whereas Hong Kong’s autonomy under the ‘‘one country, two systems’’ policy, as demonstrated by its highly developed rule of law, independent judiciary, -
Freedom in the World 2018 Hong Kong
Hong Kong * Page 1 of 9 Published on Freedom House (https://freedomhouse.org) Home > Hong Kong * Hong Kong * Country: Hong Kong * Year: 2018 Freedom Status: Partly Free Political Rights: 5 Civil Liberties: 2 Aggregate Score: 59 Freedom Rating: 3.5 Overview: The people of Hong Kong, a special administrative region of China, have traditionally enjoyed substantial civil liberties and the rule of law under their local constitution, the Basic Law. However, the chief executive and half of the Legislative Council are chosen through indirect electoral systems that favor pro-Beijing interests, and the territory’s freedoms and autonomy have come under threat in recent years due to growing political and economic pressure from the mainland. Trend Arrow: Hong Kong received a downward trend arrow due to the expulsion of four prodemocracy lawmakers from the legislature, jail sentences against protest leaders, and other apparent efforts by pro-Beijing authorities to stamp out a movement calling for local self- determination. Political Rights and Civil Liberties: POLITICAL RIGHTS: 15 / 40 (−1) A. ELECTORAL PROCESS: 2 / 12 (−1) https://freedomhouse.org/print/50009 3/26/2018 Hong Kong * Page 2 of 9 A1. Was the current head of government or other chief national authority elected through free and fair elections? 0 / 4 Under 2010 electoral reforms, the chief executive, who serves a five-year term, is chosen by a 1,200-member election committee. Some 200,000 “functional constituency” voters—representatives of elite business and social sectors, many with close Beijing ties—elect 900 of the committee’s members, and the remaining 300 consist of Legco members, Hong Kong delegates to China’s National People’s Congress (NPC), religious representatives, and Hong Kong members of the Chinese People’s Political Consultative Conference (CPPCC), a Chinese government advisory body. -
China (Includes Tibet, Hong Kong, and Macau) 2018 Human Rights Report
CHINA (INCLUDES TIBET, HONG KONG, AND MACAU) 2018 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The People’s Republic of China (PRC) is an authoritarian state in which the Chinese Communist Party (CCP) is the paramount authority. CCP members hold almost all top government and security apparatus positions. Ultimate authority rests with the CCP Central Committee’s 25-member Political Bureau (Politburo) and its seven-member Standing Committee. Xi Jinping continued to hold the three most powerful positions as CCP general secretary, state president, and chairman of the Central Military Commission. Civilian authorities maintained control of security forces. During the year the government significantly intensified its campaign of mass detention of members of Muslim minority groups in the Xinjiang Uighur Autonomous Region (Xinjiang). Authorities were reported to have arbitrarily detained 800,000 to possibly more than two million Uighurs, ethnic Kazakhs, and other Muslims in internment camps designed to erase religious and ethnic identities. Government officials claimed the camps were needed to combat terrorism, separatism, and extremism. International media, human rights organizations, and former detainees reported security officials in the camps abused, tortured, and killed some detainees. Human rights issues included arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; arbitrary detention by the government; harsh and life-threatening prison and detention conditions; political prisoners; -
Hong Kong: in the Name of National Security Human Rights Violations Related to the Implementation of the Hong Kong National Security Law
HONG KONG: IN THE NAME OF NATIONAL SECURITY HUMAN RIGHTS VIOLATIONS RELATED TO THE IMPLEMENTATION OF THE HONG KONG NATIONAL SECURITY LAW Amnesty International is a global movement of more than 10 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2021 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: ASA 17/4197/2021 June 2021 Original language: English amnesty.org CONTENTS INTRODUCTION 2 1. BACKGROUND 3 2. ACTS AUTHORITIES CLAIM TO BE ‘ENDANGERING NATIONAL SECURITY’ 5 EXERCISING THE RIGHT OF PEACEFUL ASSEMBLY 5 EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION 7 EXERCISING THE RIGHT TO FREEDOM OF ASSOCIATION 9 ENGAGING IN INTERNATIONAL POLITICAL ADVOCACY 10 3. HUMAN RIGHTS VIOLATIONS ENABLED BY THE NSL 12 STRINGENT THRESHOLD FOR BAIL AND PROLONGED PERIOD OF PRETRIAL DETENTION 13 FREEDOM OF MOVEMENT 15 RETROACTIVITY 16 SPECIALLY APPOINTED JUDGES 16 RIGHT TO LEGAL COUNSEL 17 ADEQUATE TIME AND FACILITIES TO PREPARE A DEFENCE 17 4. -
Clerk in Attendance
LEGISLATIVE COUNCIL ― 3 April 2019 8273 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 3 April 2019 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. 8274 LEGISLATIVE COUNCIL ― 3 April 2019 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. -
OFFICIAL RECORD of PROCEEDINGS Wednesday, 9
LEGISLATIVE COUNCIL ― 9 January 2019 4547 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 9 January 2019 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 4548 LEGISLATIVE COUNCIL ― 9 January 2019 THE HONOURABLE CLAUDIA MO THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. -
OFFICIAL RECORD of PROCEEDINGS Thursday, 21 March 2019 the Council Continued to Meet at Nine O'clock
LEGISLATIVE COUNCIL ― 21 March 2019 7741 OFFICIAL RECORD OF PROCEEDINGS Thursday, 21 March 2019 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO 7742 LEGISLATIVE COUNCIL ― 21 March 2019 THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG, J.P. -
Hong Kong's National Security
FEBRUARY 2021 HONG KONG’S NATIONAL SECURITY LAW: A Human Rights and Rule of Law Analysis by Lydia Wong and Thomas E. Kellogg THE NATIONAL SECURITY LAW constitutes one of the greatest threats to human rights and the rule of law in Hong Kong since the 1997 handover. This report was researched and written by Lydia Wong (alias, [email protected]), research fellow, Georgetown Center for Asian Law; and Thomas E. Kellogg ([email protected]), executive director, Georgetown Center for Asian Law, and adjunct professor of law, Georgetown University Law Center. (Ms. Wong, a scholar from the PRC, decided to use an alias due to political security concerns.) The authors would like to thank three anonymous reviewers for their comments on the draft report. We also thank Prof. James V. Feinerman for both his substantive inputs on the report, and for his longstanding leadership and guidance of the Center for Asian Law. We would also like to thank the Hong Kongers we interviewed for this report, for sharing their insights on the situation in Hong Kong. All photographs by CLOUD, a Hong Kong-based photographer. Thanks to Kelsey Harrison for administrative and publishing support. Contents EXECUTIVE SUMMARY i The National Security Law: Undermining the Basic Law, Threatening Human Rights iii Implementation of the NSL iv I INTRODUCTION 1 THE HONG KONG NATIONAL SECURITY LAW: II A HUMAN RIGHTS AND RULE OF LAW ANALYSIS 6 The NSL: Infringing LegCo Authority 9 New NSL Structures: A Threat to Hong Kong’s Autonomy 12 The NSL and the Courts: Judicial -
Post Chief Executive Election 2017
Executive Counsel Limited Political Risk Report No.9: Post Chief Executive Election 2017 On Sunday 26th March 2017, Carrie Lam was selected by the election committee to be fourth Chief Executive of Hong Kong. Lam will assume office on 1st July 2017. In the election, held in secret ballot, there were 1,163 valid votes. Lam achieved a landslide majority of 777 votes, while her counterparts John Tsang and Woo Kwok-hing took 365 and 21 votes respectively. Lam’s electoral victory will break political precedence in Hong Kong in many ways. Not only will Lam be the first female Chief Executive but also the first to be elected with negative net approval rate, which will not afford her a ‘honeymoon’ period. However, the ‘tough fighter’ will have to charge at these problems with predominantly uncooperative parties. The day after her victory, Lam vowed to mend Hong Kong’s social divisions, and 8 occupy central celebrity participants were arrested including 2 legislators, 2 social activists, 1 student leader, 2 university professors and a pastor. Although, hardly orchestrated by the government or Lam, it has been interpreted by oppositional forces as a hostile move to topple the pan democrats’ ‘one-third’ control in the Legislative Council, and to undermine their presence in all sectors. To add to this degree of difficulty, there is also resistance from the outgoing establishment. On 28 March 2017 when the Chief Executive-elect expressed her wish to liaise with the incumbent government to halt the Basic Competency Assessment (BCA) for Primary 3 students in May 2017, CY Leung replied a few hours later that “she can cancel it after 1st July” but not on his watch.