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1 Content Page P.1-2 Cover and Content Page P.3 Learning Objectives of Regular Course – October P.4-6 DSE Liberal Studies Information P.7-19 Fundamental Concepts of Rule of Law and Politics P.20-24 Fundamental Concepts of the Basic Law P.25-27 Interpretation of the Basic Law P.28-31 Article Analysis P.32-33 Question of the Month P.34-45 Skill Training – Agree/Disagree Stance P.46-50 Sample Essay P.51-57 Forms of Government P.58-62 Hong Kong Governmental Structure P.63-65 Paper Training for Lesson 5 P.66-68 Designed Mock Papers from LS Hub P.69 News of the Month (Sep) P.70-74 Blank Note Page P.75 LS Hub Info Page

LS Theme Module 2 - Hong Kong Today Theme 2 - Rule of Law and Socio-political Participation

Concepts Rule of Law

• Fundamental Political Concepts (Law)

• Relationship between the rule of law and the observance of the law

• Level of Rule of Law in Hong Kong

• Functions and limitations of the rule of law

Issue Study The Basic Law

Skill Training Agree/Disagree Stance (Rebuttal is NOT included this month, it will be introduced in November Regular Course)

Knowledge Hong Kong’s Political System and Structure

1/10 Fundamental Concepts of the Rule of Law

8/10 Issue Investigation – The Basic Law

15/10 Skill Training – Agree/Disagree Stance

22/10 Application of Knowledge

29/10 Hong Kong’s Political System and Structure and Paper Training

• Module 1 – Personal Development and Interpersonal Relationships

• Theme 1 – Understanding Oneself

• Theme 2 – Interpersonal Relationships

• Module 2 – Hong Kong Today

• Theme 1 – Quality of Life

• Theme 2 – Rule of Law and Socio-political Participation

• Theme 3 – Identity

• Module 3 – Modern China

• Theme 1 – China’s reform and opening-up

• Theme 2 – Chinese Culture and Modern Life

• Module 4 – Globalization

• Theme 1 – Impact of Globalization and it’s related responses

• Module 5 – Public Health

• Theme 1 – Understanding of Public Health

• Theme 2 – Science, Technology and Public Health

• Module 6 – Energy, Technology and the Environment

• Theme 1 – The Influences of Energy Technology

• Theme 2 – The Environment and Sustainable Development

DSE Examination for Liberal Studies

Paper 1 (Data-response Question) 2 hours 50%

Paper 2 (Extended-response Question) 1 hour 15 minutes 30%

SBA (Independent Enquiry Studies IES) / 20%

Year Paper Question Issue

2017 Paper 1 1 Ethnic Minorities and Identity

2017 Paper 1 2 Disparity and Poverty in China

2017 Paper 1 3 Happiness Index between Hong Kong and Singapore

2017 Paper 2 1 Fast Fashion

2017 Paper 2 2 E-cigarettes among teenagers

2017 Paper 2 3 Traditional Wet Market and Culture

2018 Paper 1 1 UNV Participation in Hong Kong and the world

2018 Paper 1 2 DSE Pressure and Education

2018 Paper 1 3 Organ Donation and Economic Compensation

2018 Paper 2 1 Left Behind Children in China and modernization

2018 Paper 2 2 Electric Vehicles

2018 Paper 2 3 Epidemics, Antibiotics and Globalization

Therefore, in DSE Liberal Studies Examination, every question is ______you can predict the issue, but it is hard to correctly predict.

More exam tips towards DSE, will be distributed and revealed starting from the next regular course.

What can you conclude from the above organised diagram?

______

According to the diagram, the module with the most examined record is

1st: Module _____ - ______

2nd: ______

3rd:______

4th:______

5th:______

6th:______

Therefore, Module 2 – Hong Kong Today assessed a lot in the DSE Examination. If you would like to revise, you should put more time on revising on Module 2 – Hong Kong Today especially with concepts of Quality of Life.

Globalization is also on rise, and DSE also assessed quite a lot on Module 4 – Globalization, understanding the basic concept of globalization is also essential.

Basic Learning Objectives of Rule of Law in DSE Liberal Studies:

o Historical and Current Development of Politics and Society in Hong Kong o Relationship between the Central Authorities and the Hong Kong Special Administrative Region (HKSAR) o Importance of the Consultation of the People’s Republic of China and the Basic Law of the HKSAR of the People’s Republic of China to Hong Kong Residents o The sources of Law in HKSAR o The governance of the HKSAR o The Functions of the Government of the HKSAR and its relationship with Hong Kong residents

Questions for enquiry of Rule of Law:

Key Question: How do Hong Kong residents participate in political and social affairs and come to grips with rights and responsibilities with respect to the rule of law?

• In what ways does the rule of law protect rights and promote the observance of responsibilities among Hong Kong residents? • What is the impact of the responses on the governance of Hong Kong, the safeguarding of the rule of law and the promotion of socio-political participation among Hong Kong residents? Why?

Conceptualization – Rule of Law (法治)

• A general concept of using law to restrict the power of the ruler so as to protect the rights and freedoms of the ruled • The society is ruled by a set of laws and restrictions, it is not ruled by people • The law judgements are based by laws

Definition of the Rule of Law from the United Nations: Rule of Law is a principle of governance in which all persons, institutions (機構) and entities (實體), public and private, including the state itself, are accountable (負責任) to laws that are publicly promulgated (頒布), equally enforced (強制執行) and independently adjudicated (裁決), and which are consistent(一貫) with international human rights norms and standards. It requires, as well, measures to ensure adherence(忠誠) to the principles of supremacy (至高無上；最高地位) of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness(隨意性) and procedural (程序) and legal transparency (透明度).

6 Main Principles of the Rule of Law

• Everyone should know what laws they need to obey • Laws should be the same for everyone • We should always use laws, not just our own opinion of what seems right or wrong, to decide if someone has broken the law • Judges, the police and members of the government must always use their powers fairly • Everyone accused of breaking the law should have a fair trial. They should be treated as innocent until proved guilty • Laws should always try to protect our human rights

© LS Hub October Regular Course (All rights reserved for LS Hub) 8 Law (法律) is a system of rules that are created and enforced through social or governmental institutions to regulate behaviour. It is the highest principle in a society that upholds the rule of law. No one or authority can override the law, it has the highest supreme status. Law is under the concept of rule of law, it is used to restrain the power of the ruler(統治者) and govern the behaviour of the ruled (被統治者). The ruler cannot abuse its power and amendment of laws must be found on public opinion.

Laws must protect human rights and freedom of the ruled, protect and govern all people in the society on an equal basis. It upholds social justice, protect rights of ruled and respecting the values of the ruled.

Equality before the law is very important, everybody no matter you are the chief executive, the rich people or the poor people should be treated equally. The authorities should carry out this idea and that the rights and freedoms will be better protected.

Rights, freedom and Government People observe values are being enacts the law the law protected and respected

Rule of Law

Rule by law (以法統治) is the concept that power is not restricted by laws, it only rules with laws. The society must strictly observe laws but rights and freedoms may not be protected.

Rule of man (人治) is the concept that the power and the ruling is totally free from any restriction, the ruler can abuse its power and decide everything.

Importance of rule of law to Hong Kong:

• Development of the society, operation of the government and international status • Set a legal framework and a set of procedures for the pursuit of justice • Ensure policies have received extensive public consultation before implementation • Monitor the government • Establish a fair business environment

The Levels of the rule of law reflected to what extent the rule of law is exercised at

different stage: To a large extent The Levels of the Rule of Law Justice through law Proposed by Benny Tai (戴耀廷)

Regulation by law

Observance of law

Existence of Law To a small extent

Existence of Law (有法可依) is the most fundamental level of rule of law. There is a set of law (quantity) in the society and the laws are open, stable and feasible (quality).

Observance of Law (有法必依) is the second level of rule of law. The rulers need to observe the law and it is the ruler’s main ruling tool. As well, establishing a power restraint mechanism (約束機制

Regulation by Law (以法限權) is the third level of rule of law. The law is no longer the ruler’s tool. This level is the prevent the abuse of power of the ruler, the ruler’s exercise of power is restrained by power restraint mechanism outside executive branch (E.g. Media……)

Justice through law (以法達義) is the highest ultimate level of rule of law. In this level, law must demonstrate justice and guarantee rights and freedom of people. (E.g. Freedom of speech, association, equality before the law, protect the minorities……)

In Hong Kong, to a certain extent, has reached to the level between regulation by law and justice through law.

Government is a body that comprises (構成) a person or a group of persons who run the administration of a country. Power is exercised by the government.

There are three major reasons why we need a government:

• Protect our rights • Make policy and decisions more effectively and efficiently • Provide certain economic things that could not be provided by the private sectors

Governance is the activities of a government. Rules and laws made by the government that are sought to be implemented through a chosen bureaucracy (官僚制).

Governance is also the process of governing people or a state.

Form of Government (政體) is the power source by the government. There are two major types of forms of government

Dictatorship (獨裁) Democracy (民主) A government ruled by 1 person/political People decide policy initiatives directly. entry and exercised through various Depending on the particular system in use, mechanisms to ensure that the entity’s direct democracy might entail passing power remains strong executive decisions, making laws, electing or dismissing official and conducting trials Hong Kong is very special, under the one country two systems, Hong Kong’s form of government is quite special. (Representative democracy)

Separation of Powers is the concept of separating the power of the government in order not to abuse the power of the ruler.

Separation of powers would break and separate the power of the government into three branches such that the power would not be absolute and the ruler will not over exercise the power Separation of powers would protect people’s rights better and stop absolute rule because the three branches of government and ruling are providing checks and balances when a power is exercised. They will monitor and won’t infringe each other.

Legislative • Power to impeach the chief execute by passing a motion of Council impeachment by ⅔ majority of the counsellors • Examine the bills and decides whether to pass them • LegCo can also enact, amend and repeal laws

Judiciary • Judiciary can provide judicial review of unconstitutional laws and unlawful government acts • Also judge cases impartially and fairly on disputes between citizens and government • Judiciary also judge independently and fairly regardless

Executive • Let people know and understand the law Council • Administration of the government

Legislative Council Judiciary Executive Council

• Enact, amend or • Try and punish • Exist to advise CE in repeal law with the criminals fairly and policy-making and Basic Law and legal impartially, help administration of gov’t procedure maintain peace and • Chief executive acting • Examine and order of society after consultation with approve budgets • Adjudicate (裁定) fairly the executive council is by the gov’t and impartially on known as the chief • Approve taxation disputes between executive in council and public citizens and between • CE In council introduces expenditure citizens and bills to the legco and • Raise questions on government (處理糾 issue instruments gov’t work 紛) known as orders in • Debate any issues • Protect right and liberty council which amongst concerning public of citizens against other things are used to interest government, standing make delegated • Receive handle between citizens and legislation and regulate complaints from gov’t certain public residents • Provide Judicial Review institutions • Pass motion of of unconstitutional • CE hear appeals & impeachment of ⅔ laws or unlawful objections under of all its councillors government acts certain ordinances to impeach CE

Human Rights are the rights inherent to all human beings without distinction of any kind such as race, sex, colour, religion, language and national origin.

Everyone has the right to life, liberty and the pursuit of happiness. And also, people have different rights such as political, social, economical rights.

Human rights are very important for human beings and citizens of the society, it stress the importance of upholding human dignity (尊嚴) and value for everyone.

People in the society will treasure lives, respect freedom and accept differences with respect for human rights, it will improve their quality of life by leading to social harmony and stability.

Human rights are under protection of laws such as the Declaration of Human Rights (1948), different conventions…… Countries that are bound by conventions must ensure the rights and freedoms of the citizens are being protected.

Human Rights Civil Rights (公民權利)

• Most Fundamental Right – Universal • Rights enjoy by virtue of citizenship agree – Human Right Declaration in in a particular nation/state 1948 after WWII • Protect citizens from discrimination • Include right to life, right to and grant certain freedoms education, protection from torture, • Thought of as the agreement free expression, fair trial between nation/state/individual • Every place in the world agrees the citizens that they govern right • Not every place in the world agrees the right Human rights are universal but civil rights are not, civil rights are regional.

Exercising civil right can influence the government and improve their policy making and governance effectiveness – Solve the problem of dictatorship

Restriction for human rights: Rights to freedom can be restricted if a person has been convicted of a crime and sentenced to prison

According to the Basic Law, Chapter III Fundamental Rights and Duties of Residents Article 26 – Permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and the right to stand for election in accordance with law. Article 27 – Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.

Article 28 -The freedom of the person of Hong Kong residents shall be inviolable (不受侵犯)

Article 39 – The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region.

Fundamental Rights of E.g. Personal Freedom, marriage and childbearing, living Individuals residence, travelling…..

Political Rights and rights of E.g. Vote and stand for election, demonstration, legal action assembly…….

Economic Right Choice of occupation, labour welfare…..

Cultural and Educational Right Freedom of religion, research, creation, publication, marriage Hong Kong’s human rights condition is quite good, there are freedom of speech and assembly, right to vote and stand for election, freedom of the press and publication, academic and religious freedom, freedom of movement……

Freedom of the Press is the freedom of communication and expression through mediums including various electronic media and published materials, telling the fact through the news.

Whenever such freedom mostly implies the absence of interference (干擾) from the power of the government, its preservation may be done legal protections.

Importance of Press Freedom:

1. Enables the right to know and the right to tell 2. It can prevent the abuse of power with media monitor the government and big companies, monitoring circumstances

Reasons affecting freedom of press to the media

1. Politically: Government attitude towards media 2. Economically: Actions of some commercial activities

Helps monitor government policy and administration and spot out the unseen problems in the society to raise awareness of government and general public. – Solve the problem of dictatorship form of government

Government Performance is the performance and work completed by the government, indicating the quality of the government.

There is a “3E” indicator that measures the performance of the government, according to International Experience.

3”E”s

Economy Efficiency Effectiveness

The resources The ratio of resource Whether the policy allocation and usage, input to production works and goals are the economy of the output, use less time attained, workable, region and working fast effective or not

High effectiveness can tackle the key issue and achieve remarkable results, solves the problem quickly and the government can successfully solve the problem.

High efficiency is the situation that the government achieves greater output than a government of low eficiency with the same input of resources.

As the government has the power and responsibility to maintain social stability and implement policies, it has a huge impact towards quality of life. If the government has a great performance in which there is a high effectiveness, high efficiency and a good economy, social problems can be solved and that will improve people’s quality of life.

A sound legal system is a well and fulfilled system of the law and judicial system in Hong Kong. The following are the elements that make a sound legal system for Hong Kong:

• Judicial Independence (司法獨立) • High Transparency (高透明度)

• Presumption of Innocence (無罪假定) • Jury System (陪審員制度)

• Appealing Mechanism (上訴機制)

• Judicial Review Mechanism (司法覆核)

Judicial Independence is a judicial system in Hong Kong which prevents biased adjudications and ensures that the executive and legislative organ does not intervene in judiciary.

Judiciary

Judiciary Courts Administration

Judge

General Judicial System of Hong Kong

Defendant Jury

Equality before law is important, so the judicial system has a high transparency to make fair and impartial adjudications in cases. Most trials in Hong Kong are open to the public and the public can attend trials in the court to ensure there is a high transparency of the judicial system, the judgements are open for public access. http://mt.sracp.org.hk/ufiles/MT17-18_Training_Handbook.pdf

According to the graph, identify the times and explain what happened to those times that affects the appraisal of degree of compliance with the Rule of Law.

Interpret what is happening during the lows:

Hong Kong’s legal system is founded base on the rule of law and judicial independence from the separation of powers.

The legal system of Hong Kong is based on common law (普通法) according to the principle of “One Country, Two Systems”. The common law the rules of equity are to be found primarily in the judgments of the superior courts in Hong Kong and other common law jurisdictions. It is generally established during colonial Hong Kong, adopting the legal system of the United Kingdom (Colony of UK).

The Basic Law (基本法) is the constitutional document for the HKSAR. It enshrines within a legal document the important concepts of "One Country, Two Systems", "a high degree of autonomy" and "Hong Kong People administering Hong Kong". It also prescribes the various systems to be practised in the HKSAR.

Basic Principles of the Basic Law

• The HKSAR has a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication. (Article 2)

• The executive authorities and legislature of the HKSAR shall be composed of permanent residents of Hong Kong. (Article 3)

• The socialist system and policies shall not be practised in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years. (Article 5)

• The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene the Basic Law and subject to any amendment by the legislature of the HKSAR. (Article 8)

19 Dec 1984 – Sino-British Joint Declaration was signed 1985 – Consultative Committee of the Basic Law was formed Apr 1988 – First Draft Completed Feb 1989 – Second Draft Completed 4 Apr 1990 – The Basic Law was formally promulgated

Some important articles of the Basic Law:

Article 1 - The Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China.

Article 4 - The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Region and of other persons in the Region in accordance with law.

Common Law Articles -> Hong Kong Legislation Examples (香港法例)

Cap. 212 Offences against the Person Ordinance - Any person who is convicted of murder (謀殺罪) shall be imprisoned for life. However, if it appears to the court that a person convicted of murder was under 18 years of age at the time of the offence, the court has a discretion as to whether the person should be sentenced to imprisonment for life or to imprisonment for a shorter term.

(Amended 50 of 1991 s. 4; 24 of 1993 s. 5; 86 of 1997 s. 44) [cf. 1861 c. 100 s. 1 U.K.]

One Country, Two Systems is a key and major principle of the Basic Law and the legal framework of Hong Kong. It always applies to Hong Kong.

One Country (一國) Two Systems (兩制)

The People’s Republic of Capitalism (資本主義) Socialism (社會主義) China 中華人民共和國 (China 中國)

According to Article 5 of the Basic Law:

The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years.

Due to that, Hong Kong has much more freedom as Hong Kong adopts a capitalist system, and the mixture makes Hong Kong very special.

A high degree of autonomy is a general and major principle of the Basic Law. The basic law states that Hong Kong has a very high freedom to manage and rule the region itself. It is not always controlled and manipulated by the Chinese government (PRC Government), the Hong Kong government itself has a high degree of autonomy.

According to Article 2 of Basic Law,

The HKSAR has a high degree of autonomy and enjoys executive, legislative and independent judicial power, including that of final adjudication.

From this, you can see that Hong Kong has a very high freedom on its separation of powers and legal system, unlike China.

Article 13-14 The Central People's Government (CPG) shall be responsible for the defence and the foreign affairs relating to the HKSAR.

This states the relationship that the Chinese government is only responsible for defence.

Article 13-14 The CPG authorizes the HKSAR to conduct relevant external affairs on its own. The HKSARG shall be responsible for the maintenance of public order in the Region.

This states that the HKSAR government has a high degree of autonomy on conducting relevant external affairs and responsible in maintaining public order.

Hong Kong People administering Hong Kong (港人治港) is one major principle of the Basic Law. This principles states that Hong Kong people have the responsibility and has the freedom to administering the region themselves (The Hong Kong Special Administrative Region). Not Hong Kong people such as the local chinese, other foreign peoples should not be administering Hong Kong as the autonomy of Hong Kong belongs to Hong Kong people.

Hong Kong people administering Hong Kong has a huge linkage with High Degree of Autonomy, the high degree of autonomy allows Hong Kong people to administer/rule the region by themselves.

In such case, the government is formed by Hong Kong people. For example, the chief executive Carrie Lam, Financial Secretary Chan Mo-po, they are all Hong Kong People.

Basic Law Article 22 - No department of the CPG and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the HKSAR administers on its own in accordance with the Basic Law.

Basic Law Article 13 - The CPG authorizes the HKSAR to conduct relevant external affairs on its own.

一國兩制

“ Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years.

第五條香港特別行政區不實行社會主義制度和政策，保持原有的資本主義制度和生活方式，五十年不變。

” Interpretation: Apart from implementing Mainland China’s Communist System, Hong Kong remains its previous Capitalist System after the handover in 1997. In other words, Hong Kong could continue to undergo a free economy with rights of property and private ownership under China’s governance. The article marks as a cornerstone to the two different economic systems in this single country, separating Hong Kong’s market from China’s for a 50 year period. Such economic rights like ownership of enterprises, freedom of movement of goods, intangible assets and capital are protected.

“ Article 11 In accordance with Article 31 of the Constitution of the People's Republic of China, the systems and policies practised in the Hong Kong Special Administrative Region, including the social and economic systems, the system for safeguarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems, and the relevant policies, shall be based on the provisions of this Law. No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law.

第十一條根據中華人民共和國憲法第三十一條，香港特別行政區的制度和政策，包括社會、經濟制度，有關保障居民的基本權利和自由的制度，行政管理、立法和司法方面的制度，以及有關政策，均以本法的規定為依據。香港特別行政區立法機關制定的任何法律，均不得同本法相抵觸。 ” Interpretation: Not only the economic system, but also that the social system, political structure, fundamental rights of Hongkongers, the political structure and government policies are altered from China’s corresponding areas. Hong Kong enjoys a different system from the Mainland and which the Basic Law has constituted the general structure of the city. Under this article Hongkongers

P.S. Article 31 of the Constitution of China is the legal basis of the Basic Law, providing that the Standing Committee of the National People’s Congress (全國人民代表大會常務委員會) of China could set up a Special Administrative Region undergoing a different set of system.

“ Article 12 The Hong Kong Special Administrative Region shall be a local administrative region of the People’s Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People’s Government.

第十二條香港特別行政區是中華人民共和國的一個享有高度自治權的地方行政區域，直轄於中央人民政府。 ” Interpretation: This Article has simply emphasised the message “One Country, Two Systems”. Clearly it stated the fact that Hong Kong is part of China and it is under the rule of the Central People’s Government. However, the city is also granted with high autonomy and Hongkongers could decide for themselves and manage their internal affairs without Mainland China’s direct rule. Hong Kong runs its own separate system from the Mainland, and both systems coexist in China such that Hongkongers is offered with such privilege to rule their own hometown.

High Degree of Autonomy

高度自治

“ Article 2 The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law.

第二條全國人民代表大會授權香港特別行政區依照本法的規定實行高度自治，享有行政管理權、立法權、獨立的司法權和終審權。 ” Interpretation: “High Degree of Autonomy”, which is basically the autonomy that Hong Kong and Macau enjoys nowadays under Chinese rule. This article has provided such high autonomy for Hong Kong, that it authorized the city to exercise its own legislative, executive and judicial powers without China’s intervention. Although Hong Kong is given the rights to utilize a wide range of political power, the city still would not be able to practice “Acts of State”, which should be exercised by the Central Authorities, including:

© LS Hub October Regular Course (All rights reserved for LS Hub) 26 1. Diplomatic Affairs (Article 13 - “The Central People's Government shall be responsible for the foreign affairs relating to… Hong Kong…”) 2. National Defence (Article 14 - “The Central People's Government shall be responsible for the defence of… Hong Kong…”) 3. Appointments of top-ranked executive officials (Article 15 - “The Central People's Government shall appoint the Chief Executive and the principal officials of the executive authorities of… Hong Kong… ”) 4. Power of Interpretations of the Basic Law (Article 158 - “The power of interpretation of this Law (Basic Law) shall be vested in the Standing Committee of the National People's Congress. ”) 5. Power of Amendment of the Basic Law (Article 158 - “The power of amendment of this Law (Basic Law) shall be vested in the National People's Congress. ”) 6. Other Acts considered not part of Hong Kong’s autonomy in accordance to Basic Law

Hong Kong People ruling Hong Kong

港人治港

“ Article 3 The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law.

第三條香港特別行政區的行政機關和立法機關由香港永久性居民依照本法有關規定組成。 ” Interpretation: What if you get to rule your hometown? Of course this is commonly seen in foreign countries. But it is quite special for Hongkongers to govern their own place, as this is the first place in China where the rulers are not allocated by the Central Government. This Article has covered the whole concept of “Hong Kong People ruling Hong Kong”, which only Hongkongers are allowed to take up the post of the government officials and the legislators. It is to separate the political structure from Mainland China’s, making it running independently and could enjoy more political rights. While we also enjoy the right to elect and be elected, we could choose our rulers and let the public servants to be accountable to Hongkongers only.

Article 1 The Hong Kong Special Administrative Region is an inalienable part of the People’s Republic of China. 香港特別行政區是中華人民共和國不可分離的部分。

Article 2 The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law. 全國人民代表大會授權香港特別行政區依照本法的規定實行高度自治，享有行政管理權、立法權、獨立的司法權和終審權。

Article 3 The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law. 香港特別行政區的行政機關和立法機關由香港永久性居民依照本法有關規定組成。

Article 4 The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Region and of other persons in the Region in accordance with law. 香港特別行政區依法保障香港特別行政區居民和其他人的權利和自

由。

Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years. 香港特別行政區不實行社會主義制度和政策，保持原有的資本主義制度和生活方式，五十年不變。

Article 6 The Hong Kong Special Administrative Region shall protect the right of private ownership of property in accordance with law. 香港特別行政區依法保護私有財產權。

Article 7 The land and natural resources within the Hong Kong Special Administrative Region shall be State property. The Government of the Hong Kong Special Administrative Region shall be responsible for their management, use and development and for their lease or grant to individuals, legal persons or organizations for use or development. The revenues derived therefrom shall be exclusively at the disposal of the government of the Region. 香港特別行政區境內的土地和自然資源屬於國家所有，由香港特別行政區政府負責管理、使用、開發、出租或批給個人、法人或團體使用或開發，其收入全歸香港特別行政區政府支配。

Article 8 The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region. 香港原有法律，即普通法、衡平法、條例、附屬立法和習慣法，除同本法相抵觸或經香港特別行政區的立法機關作出修改者外，予以保留。

Article 9 In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region. 香港特別行政區的行政機關、立法機關和司法機關，除使用中文外，還可使用英文，英文也是正式語文。

Article 23 The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies. 香港特別行政區應自行立法禁止任何叛國、分裂國家、煽動叛亂、顛覆中央人民政府及竊取國家機密的行為，禁止外國的政治性組織或團體在香港特別行政區進行政治活動，禁止香港特別行政區的政治性組織或團體與外國的政治性組織或團體建立聯繫。

“The legislation of Article 23 (Basic Law) will protect Hong Kong people’s quality of life.” Do you agree with this view? Explain your answer. (8 marks)

Key Words of the Question: ______

______

Your Stance: Yes / No

As this is an 8-mark question, you should raise _____ viewpoints. In addition to that, ONE rebuttal is required.

Related Concepts to be used in the essay + Conceptualization:

______

Constructing Arguments:

Argument 1

Argument 2

Argument 3

______

Past Examination Records of Questions of Agree/Disagree Stance

Year Paper No. Question Marks 2013 1 2c Does filibustering in the Legislative council harm 8 interests of Hong Kong citizens? Justify your view with reference to the sources and your own knowledge. 2013 2 1b Do you think that providing economic incentives is the 12 most effective way to achieve solid waste reduction in Hong Kong? Justify your view. 2013 2 3b “In view of the current development of China, 12 economic development should take priority over environmental protection.” Do you agree with this view? Explain your answer. 2015 1 1b With reference to the sources provided and your own 8 knowledge, should the Hong Kong government ban “medically unnecessary” plastic surgery on under-18s through legislation? Justify your stance. 2015 2 3b “Soft Power is the most effective way for governments 12 to increase their influence in the world.” Do you agree with this view? Explain your answer. 2016 1 2c “A more presentative composition of the election 8 committee for the chief executive and the legislative council would enhance the global competitiveness of Hong Kong.” Do you agree with this view? Explain your answer with reference to the sources provided and your own knowledge. 2016 2 2b Should the Hong Kong government implement 12 measures to support the survival of local traditional businesses? Justify your view.

© LS Hub October Regular Course (All rights reserved for LS Hub) 34 2017 2 2b “Banning the sale of certain products is the best way to 12 safeguard the public health of young people in Hong Kong.” Do you agree with this view? Explain your answer. 2018 2 1b In a modernised society, the community should have a 12 greater role than the family in the upbringing of children.” Do you agree with this view? Explain your answer. 2018 2 3b “Globalization hinders more than facilitates the control 12 of epidemic diseases.” Do you agree with this view? Explain your answer.

From the above past record statistic, you can conclude a few things about Agree/Disagree stance question:

• It appears almost every year except 2012 and 2014, so it will most likely appear in your DSE exams • It mostly appears in Paper 2, or Paper 1 Part C, implying that it is more likely an extended-response question in which you need to use your points and raise your examples to support your point of view • The mark value of the question is high, it’s value is at least 8 marks and sometimes 12 marks, so usually you need to write at least 3 points of view in this type of question • You have a make a stance, justify the view and explain your answer

Common Asking Type:

• “xxxxx” Do you agree with this view? • Should/Do/Does ____(stakeholder)______(action)_____? • Do you agree _____(view)_____?

• “xxxxx” Do you agree with this view? • Justify your • Should/Do/Does ____(stakeholder)____ view/stance _____(action)_____? + • Explain your • Do you agree _____(view)_____? answer.

Number of Points of View should be written for Agree/Disagree Stance

6 marks - ______

8 marks -______

10 marks - ______

12 marks - ______

As usually this type of question is 8 marks or above, you should include an introduction, the main body and a conclusion.

The General Structure

Paragraph 1 Introduction + Clearly State your stance (Agree/Disagree) Paragraph 2 Argument 1 Paragraph 3 Argument 2 Paragraph 4 Argument 3 Paragraph 5 Refutation (Counter Argument) Paragraph 6 Conclusion + Restate your stance

In your essay, you need to state your stance clearly in the first paragraph whether you agree or disagree with the view.

• Your stance statement should be clearly direct, directly saying you agree or disagree, don’t use other words • Do not half agree/disagree or something like 70% agree, 30% disagree, you must either 100% agree or 100% disagree. All your further arguments should be either stand on the agree side or disagree side • You cannot change your stance during the midway of your essay, all your arguments should be agreeing/disagreeing. Your points of view and arguments cannot change your stance • In your conclusion, you should restate your stance directly (Agree/Disagree), do not change your stance in your conclusion • It is not good to use other words to express your stance, just directly use agree/disagree these two words

Writing a stance and an introduction

Introduction Framework

In the view of “______(view)______”, some people think that _____(positive view)______while some people think that ______(negative view)______. In my opinion, I agree/disagree ______(view)______.

The last statement (Thesis statement) of the introduction must directly express your stance (agree or disagree):

• In my opinion, I agree/disagree ______(view)______. • Towards ______(view)______, I agree/disagree with it. • I agree/disagree that ______(view)______. • I agree/disagree with the statement.

In your main body, you should provide arguments to support your point of view whether you agree/disagree, your arguments should be beneficial to your point of view (Your arguments should match whether you agree/disagree with the view)

Framework

Firstly/Secondly/Thirdly, ______(Point of View – Topic Sentence)______. ______(Explain how your arguments support/oppose the point of view)______. ______(Raise examples to support your point of view)______. Therefore, it is agreed/disagreed that ______(View of the question)______.

What are the things you need to mention?

• A topic sentence that concludes clearly about your argument/point of view • Explain how your arguments support/oppose the point of view (Link the relationship between your arguments and the view of the question) • Raise examples to support your point of view • Match the example with the view of the question • Concluding Statement, whether it agrees/disagrees with the view of the question

Example: I agree that Hong Kong is an ethnically-integrated society. (2017 DSE P1Q1)

Firstly, Hong Kong is a city with different ethnic cuisines and cultural activities that contributes to our ethnically-integrated cultural society. From source C, we can find a lot of ethnic cultural activities such as music, dance performances in cultural centre and these activities are loved by Hong Kong citizens. Moreover, Hong Kong has different types of food restaurants from different parts of the world such as Korea, Japan, India, Thailand, Indonesia…… From that, you can see that many different types of ethnic cuisines appear in Hong Kong, it implies an integration of ethnic culture such that Hong Kong is an ethnically- integrated society.

Conclusion Framework

In conclusion, because ______(argument 1)______, ______(argument 2)______, ______(argument 3)______. I agree/disagree with the view of ______(“statement view”)______.

Use appropriate connectives to represent concluding statement/paragraph:

• In conclusion, • Therefore, • Eventually, • From the above,

You should also restate the points of your argument that supports/opposes with the statement view.

Finally, restate again your stance whether you agree/disagree the statement view to show that you did not change your stance in the mid-way

Steps:

1. Firstly/Secondly/Thirdly, 2. Topic Sentence/Statement which can directly support/oppose with the statement view 3. Background Information and Conceptualization 4. Explain and elaborate on your point 5. Explain and connect how your point support/oppose the view 6. Raise examples to support your argument 7. Conclusion

Framework

Firstly/Secondly/Thirdly, ______(Topic Sentence)______. ______(Background Information)______. ______(Conceptualization of key terms)______. ______(Explanation of your argument)______. From that, it will ______(explain how your point support/oppose with the view)______. For example, ______(raise examples to support your argument)______. In conclusion, ______(restate topic sentence and connect your point to the view)______.

Topic Sentence

Firstly/Secondly/Thirdly, ______(argument 1 topic sentence)______.

For example, I agree that Hong Kong has a good economic quality of life. Topic Sentence examples:

• Hong Kong has a low unemployment rate comparing to other countries • Hong Kong has a high GDP per capita comparing to other countries.

From the above, you can see that there is a relationship. As unemployment rate and GDP per capita has a direct relationship with economic quality of life.

© LS Hub October Regular Course (All rights reserved for LS Hub) 40 Task: Write a topic sentence for the following issues, write at least three topic sentences to represent three arguments for each view

1. I agree/disagree that we should have a one-day holiday after the Mangkhut Typhoon.

Agree Disagree

2. I agree/disagree to build more windmills to provide more renewable energy in Hong Kong.

Agree Disagree

1. Explain and elaborate your point

Common methods to explain and elaborate an argument:

• Describe the process • Talk in deeply • Raise examples • Use connectors to connect relationships and points • Connect back to the question point

E.g. I agree that urban farming will improve the quality of life of people in Hong Kong. (2016 DSE Paper 1 Question 1c)

Topic Sentence: Urban farming will improve environmental quality of life of Hong Kong people.

From Source C, urban farming usually farm in roofs of buildings and if there are green roofs in buildings, it will absorb heat energy from urban areas and will reduce the urban heat island effect as they provide shade in which the temperature of urban areas will also decrease. From that, temperature of roof surface and surrounding areas will decrease, the air quality will turn better and the living environment will be enhanced such that our quality of life will be improved. Therefore, urban farming will improve Hong Kong people’s environmental quality of life.

**Train yourself to write arguments in a logical way Exercise: I disagree that the interpretation of law from the Chinese Government would enhance political stability

Topic Sentence: Interpretation of law will intervene the sound legal system of Hong Kong.

Your explanation of arguments must fully support/oppose with the view according to your stance provided in the introduction.

Your explanation of arguments should be closely related to the stance and should be fully support/oppose with the stance.

For example:

I agree that urban farming can improve quality of life.

Topic Sentence of Argument: Urban Farming can improve environmental quality of life.

From that, you can see there is a connection between the statement view and topic sentence of argument as it is related to quality of life.

If you cannot have the same connecting word, your connection should have a direct relationship.

E.g. I agree that Hong Kong has a good economic quality of life.

Topic Sentence of argument: Hong Kong has a low unemployment rate.

From that, you can see that unemployment rate has a direct relationship with economic quality of life so it is also considered as a good connection.

Connection is very important, it can prevent you from off-topic and maintain your marks in content.

Remarks: If the mark value is 8 or above, you should include an introduction and a conclusion. If the mark value is below 8, it is not necessary.

In the view of “______(view)______”, some people think that _____(positive view)______while some people think that ______(negative view)______. In my opinion, I agree/disagree ______(view)______.

Firstly, ______(Topic Sentence)______. ______(Background Information)______. ______(Conceptualization of key terms)______. ______(Explanation of your argument)______. From that, it will ______(explain how your point support/oppose with the view)______. For example, ______(raise examples to support your argument)______. In conclusion, ______(restate topic sentence and connect your point to the view)______.

Secondly, ______(Topic Sentence)______. ______(Background Information)______. ______(Conceptualization of key terms)______. ______(Explanation of your argument)______. From that, it will ______(explain how your point support/oppose with the view)______. For example, ______(raise examples to support your argument)______. In conclusion, ______(restate topic sentence and connect your point to the view)______.

Thirdly, ______(Topic Sentence)______. ______(Background Information)______. ______(Conceptualization of key terms)______. ______(Explanation of your argument)______. From that, it will ______(explain how your point support/oppose with the view)______. For example, ______(raise examples to support your argument)______. In conclusion, ______(restate topic sentence and connect your point to the view)______.

In conclusion, because ______(argument 1)______, ______(argument 2)______, ______(argument 3)______. I agree/disagree with the view of ______(“statement view”)______.

Paragraph 1 Introduction Paragraph 2 Provide a background of the issue (If necessary) Paragraph 3 Argument 1 Paragraph 4 Argument 2 Paragraph 5 Argument 3/Rebuttal Paragraph 6 Conclusion

Paragraph Structure (8 marks below)

Paragraph 1 Introduction + Background + General Conceptualization Paragraph 2 Argument 1 Paragraph 3 Argument 2

(c) Does filibustering in the Legislative Council harm the interests of Hong Kong citizens? Justify your view with reference to the sources and your own knowledge.

(8 marks)

[The sources of the question can be found in our LS Hub website members login with password shown in P._____]

Key Words of the Question: ______

______

Your Stance: Yes / No

List out the items/viewpoints that can be found on the source, list one viewpoint from each source:

Source A

Source B

Source C

Source D

As this is an 8-mark question, you should raise _____ viewpoints. In addition to that, ONE rebuttal is required.

______

Constructing Arguments:

Argument 1

Argument 2

Argument 3

Any examples to support your arguments?

Argument 1

Argument 2

Argument 3

Filibustering occurs in the Legislative Council of Hong Kong. Some people think that filibustering will harm Hong Kong citizen’s interest while some people think it won’t. In my opinion, I agree that filibustering in the Legislative Council will harm the interests of Hong Kong citizens.

Filibustering is the situation in which some legislative councillors do not have enough vote to support/oppose a motion so that they use different methods to prevent the passing of the motion. Some people think that it is a total waste of time and money while some people think that it will be a success to pull down bad decisions from the government from the minorities of the legislative council. From source A, the number of representatives voted by the general public (geographical constituency and new functional constituency@district council II) is more in pan-democratic camp than pro-establishment camp (21>19) which implies that the voice of pan-democratic camps has a majority than pro-establishment camp. But due to there are more seats in functional constituency for pro-establishment camp, they have more seats so it causes unfairness and conflicts on legislation view, due to that filibustering happens to against and pull down motions.

Firstly, filibustering is a waste of time and public resources. From source C, filibustering has wasted 109 hours on the amendments to a controversial by-election bill and passed into law. It is around 11 days for filibustering and eight days for voting which wastes a lot of time. These wasted time can be used think more about effective policies that can benefit Hong Kong people’s interest such as social welfare, public holidays….. instead of just wasting time for filibustering. From source C, filibustering is also a waste of public resources, it wastes 12 million dollars of public funds which means that filibustering is wasting our money. These money can be used to do more on social welfare, different welfare policies to protect our interests but it is used to waste on filibustering instead, they are using our money (public funds) to do filibustering and wasting money which harms our interest. Therefore, the waste of time and public resources of filibustering harms interests of Hong Kong citizens.

Secondly, filibustering will let some innocent and people suffer due to the delay of legislation. From source C, an anonymous citizen complained about the filibustering hinders

© LS Hub October Regular Course (All rights reserved for LS Hub) 48 the legislation process for a number of bills. There are more legislation and motion after on and if a motion is sucked due to filibustering, then the legislation process cannot move on such that further motions cannot be passed. These motions might be beneficial to Hong Kong citizens such as policy about social welfare, if these types of beneficial motions were hindered by filibustering, then people may not be able to receive these benefits earlier such that it harms their interest. For example, the Old Age Living Allowance scheme, it is a beneficial policy for elderlies to receive allowance of money. However, this motion is after the motion about the Legislative Council Financial Committee where pan-democrats filibuster on this issue, causing the old age living allowance scheme cannot be passed in an immediate time-being. Therefore, filibustering will harm people’s interest by the delay of beneficial motions.

Thirdly, filibustering will cause poor efficiency and effectiveness of the government and that will worsen political quality of life and people’s interest. There is a “3E” indicator to measure the government’s economy, efficiency and effectiveness. In filibustering, the legislation progress will slow down as filibustering wastes time on speaking useless things. It will lower the efficiency of the government. Furthermore, filibustering cannot effectively solve the problem, it can only raise out against voice and waste time, it did not solve the problem. Due to the poor efficiency and effectiveness, the economy might also be burden such as Innovation and Technology Bureau, it can be built to support the inno-tech economy of Hong Kong but it was delayed due to filibustering. Therefore, it may also affect the economy. Overall, it will affect political quality of life and will harm people’s interest by a poor economy, a poor government credibility and efficiency. People might suffer and it harms their interest.

[Rebuttal Part] However, from source D…… (Rebuttal Part will be taught in November Regular Course)

In conclusion, filibustering will waste time and public resources, let some innocent people suffer from delay of beneficial policies and causing poor efficiency and effectiveness of the government which it all harms people’s interest. Therefore, I agree that filibustering in the Legislative Council harm the interests of Hong Kong citizens.

Good Points of the Sample Essay ______

Areas of Improvement of the Sample Essay ______

More Feedback ______

The Government

A government is the system to govern a state or community.

Why do we need a government?

1. Protect our rights Declaration of Independence - Tells us that people have the innate right to “Life, ______, and the pursuit of ______.” The government exist in order to protect these rights. No government - Society would be a free for all. Anyone who had enough power could simply take away our property. They could ______us. They could kill us. We need a government to protect us from having our human rights violated in these ways.

2. Make policy and decisions more effectively Efficiency - Group of people have different opinion and views on one issue which the need one central person or party to collect views and make decision based on the ______’s preference. This could be more efficient than a group of people expressing and ______each other’s needs through discussion.

3. Provide certain economic things that could not be provided by the private sector and social facilities Various things we need that the private sector will not provide (Social Facilities). Policing and national defence fall under this category. Like education, roads in rural area, electricity. Private companies would not provide these to everyone because it would be hard for them to pay and not ______but we need these, so government will provide us.

1. Maintaining a ______, stable and safe society. 2. Providing quality education (E.g.______) 3. Promoting Public Health (E.g.______) 4. Promoting social justice through redistribution of income (E.g.______)

Duties of a government in Political Aspect

1. Setting and implementing effective public ______. 2. Effective and efficient use of public ______, avoiding wastage, controlling corruption. 3. Conducting fair ______. 4. Proposing and enforcing ______. 5. Protecting ______rights and ______of its people.

Duties of a government in Economic Aspect

1. Promoting free ______. 2. Maintaining economic growth (E.g.______growth), low ______rate, low inflation rate. 3. Investing for the future in ______and human resource.

Duties of a government in Cultural Aspect

1. Promote cultural ______. 2. Preserve and conserve cultural ______. 3. Promote development of cultural ______.

Duties of a government in environmental aspect

1. Promote and apply ______development. 2. Balance between economic activity and environmental ______. 3. Promote environmental friendly.

General Forms of Government

Places Form of Government

Finland

United States of America

United Kingdom

Denmark

Zomia

Vietnam

Brunei

Switzerland

Hong Kong

Japan

The form of government which has no rulers ruling the region is called ______. When there is no people ruling the country, it means that the country has no ______.

Conditions of no ruler government

1. People wanted to live freedomly without government control, to construct a peaceful society 2. The country is in danger where the government can no longer control the country anymore

Pros Cons

Do you think anarchy is suitable in Hong Kong? Why or why not? ______

The form of government with only 1 ruler is generally called ______. This form of government means that the country is only ruled by a single person with absolute power ruling the region. Under this form of government, we have monarchy and autocracy.

Philosophy of form of government with 1 ruler

1. People are evil, so there must be a strong ruler ruling the country and manipulate citizens 2. Makes decisions more faster and an efficient government

Monarchy: ______Autocracy:______

Example of Monarchy Example of Autocracy

Pros Cons

Absolute Monarchy:______Constitutional Monarchy:______

______and ______are two examples of form of government ruled by a few rulers. Usually, those rulers are ______and ______.

Oligarchy:______Aristocracy:______

Describe the government appearance under a few rulers ______Philosophy of the form of government of a few rulers

A few people form as a ______with similar political ideas to rule the region. A few people will decide for you without your inquiry.

Example of Oligarchy Example of Aristocracy

Pros Cons

A form of government ruled by all people where all people vote for decisions is called ______. Everybody can have a chance to vote for decisions and the decision base of ______preference.

Direct Democracy:______Representative Democracy:______

Describe the government under democratic form of government: ______Philosophy of the form of government all

All people has their rights and freedom to vote for decisions best suit for them, making social stability and peaceful.

Example of Direct Democracy Example of Representative Democracy

Pros Cons

HK Governmental System HK government is formed based on 3 departments -- The Department for Justice, Department for Administration and Department of Finance and 13 bureaus. Common bureaus include the Education Bureau, Environment Bureau etc.

Bureau Name

Civil Service Bureau Mr Thomas Chow Tat-ming

Commerce and Economic Development Bureau Miss Eliza Lee Man-ching

Mr Clement Leung Cheuk-man

Constitutional and Mainland Affairs Bureau Mr Roy Tang Yun-kwong

Development Bureau Ms Bernadette Linn Hon-ho

Mr Hon Chi-keung

Education Bureau Mrs Ingrid Yeung Ho Poi-yan

Environment Bureau Mr Donald Tong Chi-keung

Financial Services and the Treasury Bureau Mr Andrew Wong Ho-yuen

Ms Alice Lau Yim

Food and Health Bureau Mr Philip Yung Wai-hung

Ms Elizabeth Tse Man-yee

Home Affairs Bureau Mrs Cherry Tse Ling Kit-ching

Innovation and Technology Bureau Mr Cheuk Wing-hing

Security Bureau Mrs Marion Lai Chan Chi-kuen

Transport and Housing Bureau Mr Stanley Ying Yiu-hong

Mr Joseph Lai Yee-tak

Principal Officials Secretaries of Departments Chief Secretary for Administration, Mr Matthew Cheung Kin-chung, GBM, GBS, JP Financial Secretary, Mr Paul Chan Mo-po, GBM, GBS, MH, JP Secretary for Justice, Ms Teresa Cheng Yeuk-wah, GBS, SC, JP Directors of Bureaux Secretary for the Environment, Mr Wong Kam-sing, GBS, JP Secretary for Innovation and Technology, Mr Nicholas W. Yang, GBS, JP Secretary for Home Affairs, Mr Lau Kong-wah, JP Secretary for Financial Services and the Treasury, Mr James Henry Lau Jr, JP Secretary for Labour and Welfare, Dr Law Chi-kwong, GBS, JP Secretary for the Civil Service, Mr Joshua Law Chi-kong, GBS, JP Secretary for Security, Mr John Lee Ka-chiu, SBS, PDSM, PMSM, JP Secretary for Transport and Housing, Mr Frank Chan Fan, JP Secretary for Food and Health, Professor Sophia Chan Siu-chee, JP Secretary for Commerce and Economic Development, Mr Edward Yau Tang-wah, GBS, JP Secretary for Development, Mr Michael Wong Wai-lun, JP Secretary for Education, Mr Kevin Yeung Yun-hung, JP Secretary for Constitutional and Mainland Affairs, Mr Patrick Nip Tak-kuen, JP Others Commissioner of Police, Mr Lo Wai-chung Commissioner, Independent Commission Against Corruption, Mr Simon Peh Yun-lu Director of Audit, Mr David Sun Tak-kei, GBS, JP Commissioner of Customs and Excise, Mr Hermes Tang Yi-hoi, CMSM Director of Immigration, Mr Erick Tsang Kwok-wai, IDSM

For Example: Health-care System

(Cross Module – Public Health)

______

Source A: Poor Population and Poverty Rate after taking into account non-recurrent cash benefits (2009-2016)

Source B: Poor Population and poverty rate after taking into account in-kind benefits, 2009-2016

Latest statistics have again proved the effectiveness of public housing in reducing poverty. After factoring in non-cash benefits, of which public rental housing forms a major part, the overall poverty rate fell further, from 14.5 per cent to 9.8 per cent, and the poor population from 970,000 to 660,000. The message is clear: provision of public rental housing not only resolves the grass-roots' housing problems; it also reduces poverty.

Low rents mean families have more resources to improve their quality of life and invest in the next generation, facilitating upward mobility. We have made every effort to boost public rental housing supply. We need the support of different sectors to make sufficient land available.

The characteristics of these households has not changed much. Over 80 per cent consisted of three people or more, with an average of 1.2 people employed. Nearly 30 per cent of members were children and students. All this adds up to a heavy family burden. The Low-income Working Family Allowance, announced in the 2014 policy address, targets these households. Unfortunately, the government's funding application has been held up by filibustering in Finance Committee meetings. As a result, we estimate implementation will be delayed until at least early 2016. Lawmakers must process the application quickly, so low-income working families can benefit as soon as possible. Do you agree that the government’s policy towards poverty alleviation is effective enough to alleviate poverty in Hong Kong? Explain your answer. (6 marks)

Argument 1

Argument 2

© LS Hub October Regular Course (All rights reserved for LS Hub) 64 ______© LS Hub October Regular Course (All rights reserved for LS Hub) 65 Data-response Question 1. Consider the following sources: Source A: Statistic on Appraisal of Degree of Compliance with the Rule of Law

Appraisal of Degree of Compliance with the Rule of Law from 2012 to 2016 7.4

7.2

6.8

6.6

6.4

6.2

5.8

5.6 Dec 2012 Jun 2013 Dec 2013 Jun 2014 Dec 2014 Jun 2015 Dec 2015 Jun 2016 Dec 2016

Source B: An extract from a news article dated 07 November 2014

A small group of lawyers has added to the chorus of establishment figures denouncing the Occupy movement (The Umbrella Revolution – Occupying Central) as undermining the rule of law. Are they right?

It is important here to distinguish between breaking the law and undermining the rule of law. The non-violent protesters have clearly broken the law by not complying with the Public Order Ordinance and, further, by not clearing those areas covered by court orders. Both are purposeful law-breaking in furtherance of a non-violent civil disobedience campaign. We should bear in mind that civil disobedience by definition involves breaking the law in support of a higher ideal that is the aim of the civil disobedience campaign.

(a) Describe the trend on the Appraisal of Degree of Compliance with the Rule of Law as shown in source A. (4 marks)

(b) Using source B, interpret the cartoon shown in source C. (4 marks)

(c) “The Occupying Movement of Central breaks the rule of law.” To what extent do you agree with this view? Explain your answer with reference to the sources. (8 marks)

“Long Hair” Leung Kwok-hung, Nathan Law Kwun-chung, Lau Siu-lai and Edward Yiu Chung-yim were disqualified by the Court of First Instance while in the middle of a Legislative Council meeting which was postponed for a day as they refused to leave the chamber immediately.

The court, ruling on legal action initiated by former chief executive Leung Chun-ying, was unambiguous in clarifying that oath-taking must be done strictly by the book with no additions or deviations – before, during or after an oath – no matter how well intended.

Mr Justice Thomas Au Hing-cheung based his ruling on both common law principles and a controversial interpretation of the city’s mini-constitution by China’s top legislature that earlier saw two newly elected pro-independence lawmakers kicked out of Legco for insulting the nation during their swearing-in.

“It is also not only to provide a legal basis to check and punish future breaches by the oath taker … It is also a constitutional legal requirement that the oath taker, in taking the oath, must also •sincerely and truly believe in the pledges under the oath that he or she is taking,” he said.

(a) What are the concerns of interpretation of city’s mini-constitution by China’s top legislature to Hong Kong citizens? Explain your answer (8 marks)

(b) To what extent does the interpretation of the city’s mini-constitution by China’s top legislature affect the rule of law and sound legal system of Hong Kong? (12 marks)

News of September

24/09

Hong Kong localism and independence

18/09

Poverty

24/9

Hong Kong-Zhuhai-Macau bridge

15/09

Typhoon Mangkhut

29/09

Han Zheng

LS Hub 網址: www.lshub.wordpress.com 電郵: [email protected]

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多謝各位於 1718 學年一直支持 LS Hub，LS Hub 於 1819 學年將會開設常規課程。常規課程設立意在滿足學生對通識科補習的需求，令學生能夠不斷持續地學習通識，應付校內測驗，考試以及文憑試。常規課程每週一開始上堂，LS Hub 將於每月的第一個星期一把筆記放上 LS Hub 網站，學生可以自行到網上尋找筆記（主頁 -> 常規課程)。一份筆記將使用 4－5 堂，視為本月筆記（即同一份筆記用 4－5 堂）。每個星期一將會於我們的 YouTube 頻道上載教學短片，同學們只需跟著短片步驟以及筆記上課便行了。每月常規課程結構如下：

YouTube Channel Link: https://www.youtube.com/channel/UC-M8VtcPbmbX6YOz_GQ-bPg

堂數內容

1 單元／主題基本概念及知識

2 單元／主題恆常熱門議題

3 考試論文技巧操練

4 概念及議題的綜合運用

5 (如每月有 5 個星期試題操練及解說一)