ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW

Volume 15 Numbers 1 & 2 2014

Leiden – Boston

ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW EDITORS-IN-CHIEF Simon N. M. Young Professor and Associate Dean (Research), Faculty of Law, University of Hong Kong;

Kelley Loper Assistant Professor, Director, LLM (Human Rights), Deputy Director, Centre for Comparative and Public Law, Faculty of Law, University of Hong Kong

EDITORIAL BOARD Farzana Aslam Chair, Board of Directors, Justice Centre Hong Kong; Principal Lecturer, Faculty of Law, University of Hong Kong Cora Chan Assistant Professor, Faculty of Law, University of Hong Kong Albert H. Y. Chen Chan Professor of Constitutional Law, Faculty of Law, University of Hong Kong Antonio Da Roza Research Assistant Professor, Faculty of Law, University of Hong Kong Michael Davis Visiting Professor, Faculty of Law, University of Hong Kong James D. Fry Associate Professor, Faculty of Law, University of Hong Kong Mario Gomez Executive Director, International Centre for Ethnic Studies; Member, Law Commission of Sri Lanka Puja Kapai Associate Professor and Director, Centre for Comparative and Public Law, Faculty of Law, University of Hong Kong Karen Kong Assistant Professor, Faculty of Law, University of Hong Kong Marco Wan Associate Professor, Faculty of Law, University of Hong Kong

Student Editors: Byron Chiu, Dora Cheung, Kelly Shum INTERNATIONAL ADVISORY BOARD Fernand de Varennes Former Editor-in-Chief, Asia-Pacific Journal on Human Rights and the Law; Invited Researcher, International Observatory on Language Rights, Université de Moncton (Canada) Jose Manuel Diokno Professor and Dean, De La Salle University College of Law, Philippines Lech Garlicki Former Judge of the European Court of Human Rights; Visiting Professor, Faculty of Law, University of Hong Kong; Professor, Warsaw University Yash Ghai Emeritus Professor, University of Hong Kong Michael Kirby Former Justice of the High Court of Australia; First Chairman of the Australian Law Reform Commission Carole J. Petersen Professor, William S Richardson School of Law, University of Hawaii; Director, Spark M Matsunaga Institute for Peace and Conflict Resolution

Asia-Pacific Journal on Human Rights and the Law (ISSN 1388-1906, E-ISSN 1571-8158) is published 2 times a year by Brill Nijhoff, an imprint of Koninklijke Brill NV, PO Box 9000, 2300 PA Leiden, The Netherlands, tel +31 (0) 71 5353500, fax +31 (0) 71 5317532.