Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two (...) recent cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

This article provides the first-ever comprehensive analysis of how the relationship between the Chinese and Hong Kong legal orders has morphed in nature since China’s resumption of sovereignty over Hong Kong in 1997. It argues that the relationship has evolved from a form of legal pluralism found in the European Union to a monist but bifurcated system—to a “dual state,” to borrow from Ernst Fraenkel’s theory. Recent events, including Beijing’s imposition of a national (...) security law on Hong Kong and its overhaul of Hong Kong’s election methods, have consolidated that evolution. The analysis herein not only enables us to make sense of the developments in the China-Hong Kong relationship, but has five wider theoretical implications. First, it suggests a way of distinguishing a dual state from a fully liberal legal system. Second, it discerns the similarities and differences between legal pluralism and dual state. Third, it connects the literature on theories of legal order and that on the dual state. Fourth, it clarifies the relationship between theories of legal order and regime types. Finally, Hong Kong’s experience reveals the challenges of and potential mechanisms for maintaining liberal values in an authoritarian regime. (shrink)

En 1997, Hong Kong volvió a China en el marco de la gobernanza conocida como «Un país, dos sistemas», que fue ideado para permitir a la China continental seguir siendo «socialista», mientras Hong Kong podía mantener su sistema capitalista. Sin embargo, la estrategia retórica y legal de mantener metafórica y constitucionalmente la distancia entre los dos lugares y seguir afirmando su soberanía y unidad, es ambigua y contradictoria. Este artículo explora estas ambiguas contradicciones (estratégicas, ideológicas (...) y retóricas) y tras ello su impacto en el debate sobre la democracia y el sufragio en Hong Kong, que su constitución, la Ley básica, promete para el futuro. (shrink)

Vietnam, with a geographical proximity and a high volume of trade with China, was the first country to record an outbreak of the new Coronavirus disease (COVID-19), caused by the Severe Acute Respiratory Syndrome Coronavirus 2 or SARS-CoV-2. While the country was expected to have a high risk of transmission, as of April 4, 2020—in comparison to attempts to contain the disease around the world—responses from Vietnam are being seen as prompt and effective in protecting the interests of its citizens, (...) with 239 confirmed cases and no fatalities. This study analyzes the situation in terms of Vietnam’s policy response, social media and science journalism. A self-made web crawl engine was used to scan and collect official media news related to COVID-19 between the beginning of January and April 4, yielding a comprehensive dataset of 14,952 news items. The findings shed light on how Vietnam—despite being under-resourced—has demonstrated political readiness to combat the emerging pandemic since the earliest days. Timely communication on any developments of the outbreak from the government and the media, combined with up-to-date research on the new virus by the Vietnamese science community, have altogether provided reliable sources of information. By emphasizing the need for immediate and genuine cooperation between government, civil society and private individuals, the case study offers valuable lessons for other nations concerning not only the concurrent fight against the COVID-19 pandemic but also the overall responses to a public health crisis. (shrink)

This essay analyses the Historical Evolution of Hong Kong, from the colonial period to the return to China sovereignty in 1997, according to the political philosophy of Socialism with Chinese Characteristics, and the principle “one country, two systems”, which means that Hong Kong is part of China and enjoys a high degree of autonomy, except in foreign and defence policy, as stipulated by the Basic Law of The Hong Kong Administrative Region of the People’s (...) Republic of China. The political system implemented in HKSAR corresponds to the matrix of the People’s Republic of China, but its economic base and legal system remained untouched in essence; an extreme model of liberal capitalism, deregulated and functioning on the margins of international law, with deep social inequalities, millions of new poor (workers and students in a situation of necessity) and a serious problem of access to housing. This essay analyses the political nature of the conflict around the extraction laws, distinguishing internal causes, and external interferences. At least, this essay analyses the system of political representation of HKSAR, the government program to overcome crisis and the new legislation after crisis. Keywords: history, one country, two systems, paradox, HKSAR, fallacies. (shrink)

Legal interpreting and translation are some of the oldest and most frequently practised bilingual activities in Hong Kong. The principles and operation of the bilingual legal system actually impinge on the legal interpreting services and the practices of legal interpreting services also in ways impact on the system itself. This study adopts a historical approach to analyse the jurisprudence and administration of legal interpreting in Hong Kong courts from 1966 (...) to 2016, across the 1997 dividing line between British colonial rule and the return of Hong Kong to the government of mainland China. It focuses on the opinions of judges and other participants in courtroom proceedings as recorded in Hong Kong case reports. It is discovered that the jurisprudence of having an interpreter to interpret for participants who do not speak the language of the court is clearly indicated and well versed in the precedents. However, there is a gap between the jurisprudence and the actual interpreting services, mainly caused by the malpractices of the concerned administration department and some of the law enforcement agents working in the frontline. (shrink)

This book differs from most others of its kind, by looking at the Hong Kong issue from China's perspective, which in turn mirrors China's own situation. Through a legal lens, the author conducts a political and cultural examination of the past and the present, and provides a comprehensive overview of the many theories and problems concerning Hong Kong. Including reflections on the theory of administrative absorption of politics, a historical review of "one country, two systems" (...) and an analysis of the form and nature of the Basic Law, it offers a valuable reference resource for studying the historical, political and legal context of Hong Kong under the principle of "one country, two systems". Instead of over-simplifying the issue of Hong Kong or only seeing it as a Chinese regional issue, the book regards it as a central Chinese issue and the key to understanding China. (shrink)

Hong Kong is undergoing a public debate on the need to reform and future directions of reforming its health care system. This paper highlights the debates and considerations brought up by the Hospital Authority, the largest provider of public health care in Hong Kong, on the ethical principles and societal values underlying the upcoming reform. It is recognized that the exact meanings behind each ethical principle and value must be debated and clarified during the reform (...) process. In a modern day society like Hong Kong, societal values are likely to be diversified. A health care system also has to fulfil different and often conflicting objectives of equity, efficiency, quality and choice. It would be difficult for a health care system to satisfy these different values and objectives based on a single value parameter. The Hong Kong experience shows that a society may prefer a combination of strategies in addressing different societal values. The re-structuring of the health care system in Hong Kong should therefore be based on a balanced and optimum combination of various financing and delivery strategies. (shrink)

In recent human rights and legal instruments, individuals with impairments are increasingly recognised as agents who are worthy of respect for their inherent dignity and capacity to make autonomous decisions regarding treatment and care provisions. These legal developments could be understood using Stephen Darwall’s normative framework of the second person standpoint. However, this paper draws upon phenomena – both in legal developments and recent court cases – to illustrate theoretical difficulties with the contractualist underpinnings of Darwall’s account (...) if applied to questions of what is owed to individuals with disabilities. I argue that, under Darwall’s framework, whether the threshold for second-personal competence has been met will determine whether respect or rational care is owed to them. This fact distorts our understanding of what we owe to persons with mental impairments—in part because it limits respect to relations that are symmetrical and reciprocal. In light of these challenges the paper offers an account of hermeneutic competency, which can be applied to non-reciprocal and asymmetrical relationships. This alternative account will be of practical import to judicial determinations of best interests under the Mental Capacity Act 2005 in England and Wales. It will also be of broader theoretical interest to any legal system that deals with people with mental disabilities. (shrink)

Ethical decisions are contextualized in the dialectic of a multidimensional system, including situation, setting, culture, and generation. There may be further gaps between the ethical considerations of professionals and folk values. The experience of promoting equal opportunities in Hong Kong illustrates some of these challenges. Whereas the rule of law under a Western legal system advocates human rights, the traditional emphasis on harmony and preference for balancing in conflict resolution underlie the gaps in the interpretation (...) of these ideals. The case of the Hong Kong secondary school places allocation system highlights the conflicting perspectives of law, gender stereotypes, psychological knowledge, as well as ethical principles of justice and fairness in promoting equal opportunities in educational assessment and placement. The cultural perspective highlighted in this case illustrates the complex contexts of ethical decisions. (shrink)

The relationship between Vietnam and China could be captured in the Chinese expression of “同床异梦”, which means lying on the same bed but having different dreams. The two countries share certain cultural and political similarities but also diverge vastly in their national interests. This paper adds to the extant literature on this topic by analyzing the element of trust/mistrust in their interactions in trade-investment, tourism, and defense-security. The analysis shows how the relationship is increasingly interdependent but is equally fragile due (...) to the lack of trust on both sides. The mistrust or even distrust of Chinese subjects run deep within the Vietnamese mindset, from the skepticism of Chinese investment, Chinese tourists, discrimination against ethnic Chinese, to the caution against Chinese aggression in the South China Sea. The paper forecasts that, despite the deep-seated differences and occasional mistrust, going forward, neither side would risk damaging the status quo even when tensions peak. (shrink)

This study investigates the relationship between the ethical, educational, and disciplinary development of professional accountancy organizations in a given country and the development of that country’s stock market. Using a comprehensive measure based on the responses of the major PAOs in 36 countries to a questionnaire designed by the International Federation of Accountants to assess the development of PAOs internationally, we find a significantly positive association between the development of PAOs and stock market development. In addition, we find the positive (...) association between the development of PAOs and stock market development to be more pronounced in countries with higher levels of investor protection, a stronger public enforcement environment, or lower levels of corruption, suggesting the importance of complementary institutions in the relationship between PAOs and stock market development. We also find that better-developed PAOs are associated with better-quality financial reporting. Finally, our result also shows that relative to the investigation and discipline mechanism and educational requirements imposed by PAOs, the ethical development of a country’s professional accountants appears to have the strongest positive association with a country’s stock market development. (shrink)

Folklore has a critical role as a cultural transmitter, all the while being a socially accepted medium for the expressions of culturally contradicting wishes and conducts. In this study of Vietnamese folktales, through the use of Bayesian multilevel modeling and the Markov chain Monte Carlo technique, we offer empirical evidence for how the interplay between religious teachings (Confucianism, Buddhism, and Taoism) and deviant behaviors (lying and violence) could affect a folktale’s outcome. The findings indicate that characters who lie and/or commit (...) violent acts tend to have bad endings, as intuition would dictate, but when they are associated with any of the above Three Teachings, the final endings may vary. Positive outcomes are seen in cases where characters associated with Confucianism lie and characters associated with Buddhism act violently. The results supplement the worldwide literature on discrepancies between folklore and real-life conduct, as well as on the contradictory human behaviors vis-à-vis religious teachings. Overall, the study highlights the complexity of human decision-making, especially beyond the folklore realm. (shrink)

Drawing upon the massive redevelopment catalyzed by government-led urban renewal in Hong Kong in the past two decades, this book recharges the story of post-colonial Hong Kong through care, displacement, and how care is displaced in urban governance.

A work of Vietnamese art crossed a million-dollar mark in the international art market in early 2017. The event was reluctantly seen as a sign of maturity from the Vietnamese art amidst the many existing problems. Even though the Vietnamese media has discussed the issues enthusiastically, there is a lack of literature from the Vietnamese academics examining the subject, and even rarer in from the market perspective. This paper aims to contribute an insightful perspective on the Vietnamese art market, and (...) hesitantly the Vietnamese art as well, through the lens of fake, forgery and copy artworks. 35 cases of fake, forgery and copy paintings were found on the news and from the experts' wisdom. Through the examples, we argue that the Vietnamese art market is a temporary reaction to the immaturely rising of the Vietnamese art and the economy. Therefore, the art market is unable to function healthily unless the Vietnamese art and the economy developed. (shrink)

Every year, the Vietnamese people reportedly burned about 50,000 tons of joss papers, which took the form of not only bank notes, but iPhones, cars, clothes, even housekeepers, in hope of pleasing the dead. The practice was mistakenly attributed to traditional Buddhist teachings but originated in fact from China, which most Vietnamese were not aware of. In other aspects of life, there were many similar examples of Vietnamese so ready and comfortable with adding new norms, values, and beliefs, even contradictory (...) ones, to their culture. This phenomenon, dubbed “cultural additivity”, prompted us to study the co-existence, interaction, and influences among core values and norms of the Three Teachings –Confucianism, Buddhism, and Taoism–as shown through Vietnamese folktales. By applying Bayesian logistic regression, we evaluated the possibility of whether the key message of a story was dominated by a religion (dependent variables), as affected by the appearance of values and anti-values pertaining to the Three Teachings in the story (independent variables). Our main findings included the existence of the cultural additivity of Confucian and Taoist values. More specifically, empirical results showed that the interaction or addition of the values of Taoism and Confucianism in folktales together helped predict whether the key message of a story was about Confucianism, β{VT ⋅ VC} = 0.86. Meanwhile, there was no such statistical tendency for Buddhism. The results lead to a number of important implications. First, this showed the dominance of Confucianism because the fact that Confucian and Taoist values appeared together in a story led to the story’s key message dominated by Confucianism. Thus, it presented the evidence of Confucian dominance and against liberal interpretations of the concept of the Common Roots of Three Religions (“tam giáo đồng nguyên”) as religious unification or unicity. Second, the concept of “cultural additivity” could help explain many interesting socio-cultural phenomena, namely the absence of religious intolerance and extremism in the Vietnamese society, outrageous cases of sophistry in education, the low productivity in creative endeavors like science and technology, the misleading branding strategy in business. We are aware that our results are only preliminary and more studies, both theoretical and empirical, must be carried out to give a full account of the explanatory reach of “cultural additivity”. (shrink)

This study explores entrepreneurship research in Vietnam, a lower-middle-income country in Southeast Asia that has witnessed rapid economic growth since the 1990s but has nonetheless been absent in the relevant Western-centric literature. Using an exclusively developed software, the study presents a structured dataset on entrepreneurship research in Vietnam from 2008 to 2018, highlighting: low research output, low creativity level, inattention to entrepreneurship theories, and instead, a focus on practical business matters. The scholarship remains limited due to the detachment between the (...) academic and entrepreneur communities. More important are the findings that Vietnamese research on entrepreneurship, still in its infancy, diverges significantly from those in developed and emerging economies in terms of their content and methods. These studies are contextualized to a large extent to reflect the concerns of a developing economy still burdened by the high financial and nonfinancial costs. (shrink)

In our ever technologically driven and mediatized society, we face the existential risk of falling into an info-calypse as much as an eco-calypse. To complement the list of values of a progressive culture put forth by Harrison (Natl Interest 60:55–65, 2000) and Vuong (Econ Bus Lett 10(3):284–290, 2021), this short essay proposes cultivating a new cultural value of protecting the infosphere. It argues rewarding practices and products that strengthen the integrity of infosphere as part of the newly emerged corporate social (...) responsibility (CSR) practices are highly beneficial for the fight against contaminations of the infosphere, i.e., misinformation, disinformation, damaging contents, etc. (shrink)

The study of cultural evolution has taken on an increasingly interdisciplinary and diverse approach in explicating phenomena of cultural transmission and adoptions. Inspired by this computational movement, this study uses Bayesian networks analysis, combining both the frequentist and the Hamiltonian Markov chain Monte Carlo (MCMC) approach, to investigate the highly representative elements in the cultural evolution of a Vietnamese city’s architecture in the early 20th century. With a focus on the façade design of 68 old houses in Hanoi’s Old Quarter (...) (based on 78 data lines extracted from 248 photos), the study argues that it is plausible to look at the aesthetics, architecture, and designs of the house façade to find traces of cultural evolution in Vietnam, which went through more than six decades of French colonization and centuries of sociocultural influence from China. The in-depth technical analysis, though refuting the presumed model on the probabilistic dependency among the variables, yields several results, the most notable of which is the strong influence of Buddhism over the decorations of the house façade. Particularly, in the top 5 networks with the best Bayesian Information Criterion (BIC) scores and p<0.05, the variable for decorations (DC) always has a direct probabilistic dependency on the variable B for Buddhism. The paper then checks the robustness of these models using Hamiltonian MCMC method and find the posterior distributions of the models’ coefficients all satisfy the technical requirement. Finally, this study suggests integrating Bayesian statistics in the social sciences in general and for the study of cultural evolution and architectural transformation in particular. (shrink)

Decision-making regarding healthcare expenditure hinges heavily on an individual's health status and the certainty about the future. This study uses data on propensity of general health exam (GHE) spending to show that despite the debate on the necessity of GHE, its objective is clear—to obtain more information and certainty about one’s health so as to minimise future risks. Most studies on this topic, however, focus only on factors associated with GHE uptake and overlook the shifts in behaviours and attitudes regarding (...) different levels of cost. To fill the gap, this study analyses a dataset of 2068 subjects collected from Hanoi (Vietnam) and its vicinities using the baseline-category logit method. We evaluate the sensitivity of Vietnamese healthcare consumers against two groups of factors (demographic and socioeconomic-cognitive) regarding payment for periodic GHE, which is not covered by insurance. Our study shows that uninsured, married and employed individuals are less sensitive to cost than their counterparts because they value the information in reducing future health uncertainty. The empirical results challenge the objections to periodic health screening by highlighting its utility. The relevance of behavioural economics is further highlighted through a look at the bounded rationality of healthcare consumers and private insurance companies in using and providing the service, respectively. (shrink)

Nine years into the tumultuous life of Hong Kong as a special Administrative Region of the People’s Republic of China, it has become clearer what role Hong Kong plays in China’s modernization. This paper argues that Hong Kong’s role is that of a transforming catalyst. In dealing with the affairs of this city, Beijing from time to time has to put aside its normal instincts. This creates opportunities with potentially far-reaching consequences for the nation (...) as a whole even though questions have often been raised as to whether “two systems” will survive as Hong Kong becomes more integrated into “one China.” Hong Kong’s plight is difficult and there are constant risks of being overwhelmed by the much larger mainland system. Nevertheless, just looking at what may be seen as Hong Kong’s losses in the process of integration will prevent a deeper examination of how the mainland has been affected at the same time. Hong Kong presents Beijing with many challenging issues as well that go to the core of party ideology and practices. This is not to say that Beijing intends Hong Kong to be a pacesetter for political reform on the mainland, but at least in one corner of the country where debates are in the open and where the people’s behavior is different, the result is that Hong Kong has a gradual transforming effect on China’s modernization by forcing deliberation, debate, and possibly even behavioral change on some of the most sensitive issues to the Chinese leadership. (shrink)

This research employs the Bayesian network modeling approach, and the Markov chain Monte Carlo technique, to learn about the role of lies and violence in teachings of major religions, using a unique dataset extracted from long-standing Vietnamese folktales. The results indicate that, although lying and violent acts augur negative consequences for those who commit them, their associations with core religious values diverge in the outcome for the folktale characters. Lying that serves a religious mission of either Confucianism or Taoism (but (...) not Buddhism) brings a positive outcome to a character. A violent act committed to serving Buddhist mission results in a happy ending for the committer. (shrink)

Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This (...) paper argues that a recent landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law. (shrink)

Legal Mobilization under Authoritarianism traces and explains the rise of law to a more prominent role in the politics of post-colonial Hong Kong. The author, Waikeung Tam, a political scientist, argues that Hong Kong is a “surprise” case, in the double sense that law is effectively mobilized despite the non-democratic and controlled setting within which the Hong Kong legal system works and also that law is mobilized in ways that different from (...) what China would wish.There is quite a body of scholarship on the legal development of Hong Kong post-1997, with special attention paid to the performances of the relatively young Court of Final Appeal . But most of these works are written by legal scholars, whose concerns are more strictly jurisprudential and court-centered. Legal Mobilization treats the process of legal development within a broader socio-political context. It is, to my knowledge, one of the very few books that examine the post-colonial legal development of Hong Kong from .. (shrink)

As Hong Kong is the only common law jurisdiction operating in Chinese, alongside English, writing a common law judgment in Chinese is like exploring an uncharted domain in legal discourse. Apart from those judgments originally written in Chinese, Chinese judgments have also been prepared by way of translation from English. Besides, there are also English translations of Chinese judgments of jurisprudential value. Judgments in Hong Kong therefore present an interesting case for study both from a (...) legal point of view and from the perspective of discourse analysis. As Chinese judgments in Hong Kong to a large extent mirror images of their English counterparts, they provide us with insights into how judicial thinking embodied in one language is carried over to another. As the translation of court judgments can serve as a clue to the understanding of how judicial thinking is transferred and reflected in another language, this study looks into some of the fundamental problems of legal translation in general and translation of court judgments in particular, showing how the sociosemiotic approach can shed light on those problems. (shrink)

At present, Hong Kong does not have a publicly-managed mandatory contributory retirement protection scheme. The Hong Kong Government launched a consultation on the universal pension scheme in 2015. The Government’s plan provoked many controversies and eventually failed. This paper will examine the problem of the welfare ideology and system in Hong Kong from a historical perspective, taking the universal pension scheme as an example. This paper argues that the reason for the failure of (...) the universal pension scheme was that Hong Kong people do not have a complete sense of citizenship and hold a distorted welfare ideology for historical reasons. This paper is one of the first to offer some reflections on the question of poverty and lack of social justice from a historical perspective. (shrink)

Defamation law is a long-standing research focus. Previous studies on defamation law have pointed out the importance of balancing two fundamental issues in law, namely, protection of reputation and freedom of speech. The present corpus-based legal study, using ConcGram 1.0 as the analytical tool, examined the phraseological profile of reported cases on defamation in Hong Kong in order to find out the types of defense and the approach to meaning in the defamation case law in Hong (...) Kong. Regarding defenses to a defamation claim, the results show that fair comment, qualified privilege, and justification are the most prevalent types, that unintentional defamation is not used at all, and that there has been a noticeable shift from fair comment to honest comment. As for the approach to meaning, the ordinary and natural approach is found to be a pivotal means of solving the threshold problem in defamation cases, that is, whether the words involved are defamatory or not. (shrink)

Since the enactment of the first Hong Kong bilingual ordinance in 1989, tremendous effort and resources have been put to translating English legal documents into Chinese. Long before the implementation of bilingual legislation, the provision of interpreting services has remained an entrenched practice in the courtrooms of Hong Kong. This study has adopted a corpora approach to re-examine what seems to be reasonable and routine practices of the bilingual, legal system, the impacts of (...) bilingual legislation, translation, and interpretation on trial proceedings. Results generated from the corpus show the problems of anglicized Chinese translation of the Sexual Offences Ordinance under the British Common Law system; and interpreters’ performance which is intricately bound by the discourse practices of the legal professionals as well as the ideology of the bilingual legal system in Hong Kong. (shrink)

This study uses a Marxist perspective to investigate Hong Kong students’ alienation from learning. Alienated learners find learning to be a meaningless, disempowering, and estranging activity. Fifteen Hong Kong undergraduate students were invited to join a photovoice project in which they actively took, shared, and discussed photographs of their experiences with learning. The results suggest that social beliefs about high-stakes examinations legitimize internal contradictions in the education system. This makes students uncritically and unreflectively accept alienated (...) learning. Photovoice projects help the students to become critically aware of their position, self-determination, and agency. (shrink)

Since its introduction in the 1980s, use of the innovation systems conceptual approach has been growing, particularly on the part of national governments including, recently, the Hong Kong Government. In 2004, the Hong Kong Government set forth a ‘‘new strategy’’ for innovation and technology policy making. Because it marked a significant break from the past, it was necessary to convince a wider audience to accept this new strategy, a strategy that included the IS conceptual approach. Adopting (...) a science and technology studies perspective, I show how the IS conceptual approach is being used as a rhetorical resource by the Hong Kong Government in its innovation and technology policy making in an effort to persuade its perceived audience of the efficacy of its new strategy for its policies—policies that are in fact unrelated to the basic precepts of the IS conceptual approach. The case provides a cautionary tale in the ways in which policy makers transform scholarly work and scientific discovery into rhetorical instruments in support of a political agenda. (shrink)

Hong Kong is a peculiar case for the study of cultural practices. One of the most Westernized cities in Asia, Hong Kong is, to many people in China, one ofthe most ‘Chinese’ places in the country. Hong Kong’s no-place situation presents an interesting example of the tensions within and without cultural systems and their relations to language.

The Harvard Report, published in April 1999 for public consultation in Hong Kong, proposed a fundamental restructuring in its health care delivery and financing systems. The Report claims to be evidence-based in its approach (Hsiao et al., 1999a). While 'evidence' has been widely collected by the consultancy team through surveys, consultations and focus groups, the recommendations put forth are not value-free. They carry clear ideological preferences. The value assumptions and ethical presuppositions underlying the report are discussed in this (...) paper. The Harvard consultancy study is in favor of a positive government role in regulation and control, a single central body to administer compulsory health insurance for all citizens, and a purchaser-provider split to induce competition. Such preference is based on pre-existing ideology and generic health care management concepts, which are still in the experimental phase internationally. While value and ideology are inevitable factors in any policy choice, the challenge is to lay these values open for reflection and public debate. For Hong Kong, the challenge is also to take on local substantive issues in health care and deal with them head-on, rather than putting hope in a universal, generic solution. (shrink)

This chapter gives an outline of the development of the human organ transplant system in Hong Kong, whose key features are a soft opt-in system and strict prohibitions on commercial dealings in human organs for transplant. It is argued that under such a system, there is a lack of incentives for either cadaveric or living organ donations and for family members to endorse deceased donation. This argument is followed by an investigation of the shortage of (...) organ donations in Hong Kong, the limited success of the government promotion to improve the number of donations, and a discussion of new alternatives for improvement that have been initiated or proposed. It is argued that the feasibility and effectiveness of these alternatives are limited and uncertain. More radical reform of the existing system in terms of honorary, compensationalist, and familist incentives is needed and they all need to be taken into consideration. (shrink)

ABSTRACTThis article investigates empirically the ethical values of law students in Hong Kong in their final two years of legal education. It first analyses the demographics of these law students before examining their responses to different ethical dilemmas. The findings suggest that feminisation has taken place in Hong Kong law schools. The study also found that a new generation of law students is emerging in Hong Kong that put more emphasis on the value (...) of work-life balance. Finally, the article argues that common law education has enhanced the professionalism of law students in Hong Kong and has contributed to their development of such professional values as ‘professional integrity’, ‘obedience to the law’ and ‘civil duty’. (shrink)

It is widely held in translation studies that translation proper is not merely a process of linguistic transfer but also of cultural transfer. But how cultural transfer is effected or whether it can be effected is not at all clear. The study begins with a critical analysis of the problems relating to law translation in general and translating the common law into Chinese in particular. It then examines the nature of cultural transfer in law translation with special reference to the (...) translation of common law terminology. The study purports to set out the framework for legal translation as cultural transfer, in particular, for translating the common law into Chinese in Hong Kong. It argues that successful transfer of the legal culture of foreign laws always requires the adjustment of translating language and the employment of metalanguage. (shrink)

This study analyzes whether academics with advanced degrees from foreign universities are more research productive than their domestic counterparts in the three selected East Asian higher education systems – Korea, Hong Kong, and Malaysia. The three systems have relatively large proportions of foreign degree holders among their professoriates. The data for this study is drawn from the Changing Academic Profession survey. In our negative binominal regression analysis, we found that foreign degree holders are not more research productive than (...) their colleagues with domestic degrees, and even slightly less productive than domestic degree holders in soft disciplines in Korea unless they have further foreign post-doc experience after their PhD. Furthermore, foreign degree holders are less productive in hard disciplines in Malaysia. Finally, we discuss the findings and attribute them to contextual differences between the three localities. (shrink)

With increasing attention on the role of parenting stress on family functioning and children’s development, one area that has been neglected is how such relations differ across cultures. Although sometimes viewed as homogeneous, Asian countries often have markedly different belief systems. Cross-cultural studies require instruments that have been validated in different socio-cultural contexts. The widely used parenting stress index-short form has been used in several locations. However, results regarding its factorial structure have been mixed. Furthermore, there are only a few (...) cross-cultural comparison studies. This study examined the factorial structure of an abridged version of the PSI-SF with data from Hong Kong and Thailand. The results from confirmatory factor analyses indicated that, in both cultures, a three-factorial structure provides the best model fit. Furthermore, we found evidence for partial metric invariance, suggesting that the test scores can be compared directly. Tests for convergent and discriminant validity revealed that the three factors were correlated with parent general distress, authoritative, authoritarian, and permissive parenting behaviors, in both cultures. These findings suggest that the abridged PSI-SF can provide a meaningful comparison of parenting stress between Hong Kong and Thailand. (shrink)

This paper aims to provide a rendition of the care ethic in Confucian philosophy and to argue that social policy developments in Hong Kong society, including health care policy, have been significantly shaped and justified in terms of the ideal of care in the Confucian moral tradition. On the basis of this analysis, the paper raises a number of questions about a recent proposal for health care reform for Hong Kong put forth by the Harvard School (...) of Public Health which argues for adopting the principle of equity as the overriding value for the moral foundation of Hong Kong's health care system. The paper examines how the over-emphasis on equity in the Harvard Report proposals can lead to the erosion of care and ultimately the eclipse of the vision of care in Hong Kong's health care system. It argues that the pursuit of equity, which is itself a valuable principle, should not displace the importance of the value of care or undermine the ideal of care and that health care decisions must be firmly embedded in local cultures and moral traditions. (shrink)

This chapter discusses some legal implications of Hong Kong’s three types of organ donation incentive and presents further thoughts about their ethical and policy implications. It aims to transform the useful findings presented in previous chapters into legal solutions and policy innovations in practice. We argue that the Hong Kong law is able to incorporate mixed incentive measures and further suggest detailed legal rules regarding organ incentives for the government to consider. In terms (...) of ethical and policy implications in a wider context, we suggest a paradigm shift in incentive structure and the adoption of mixed incentive measures for the promotion of organ donation and procurement. However, we agree that the exact choice or combination of organ incentive measures ultimately depends on how each country or jurisdiction will assess their practical effectiveness, political legitimacy, and ethical justification. (shrink)

With comparative case studies from China, Taiwan and Hong Kong, Jianlin Chen's new work offers a fresh, descriptive and normative perspective on law and religion. This presentation of the original law and religious market theory employs an interdisciplinary approach that sheds light on this subject for scholars in legal and sociological disciplines. It sets out the precise nature of religious competition envisaged by the current legal regimes in the three jurisdictions and analyses how certain restrictions on (...) religious practices may facilitate normatively desirable market dynamics. This updated and invaluable resource provides a new and insightful investigation into this fascinating area of law and religion in Greater China today. (shrink)

This essay contends that individual liberty, understood as the permissibility of making choices about one’s own health care in support of one’s own good and the good of one’s family utilizing private resources, is central to the moral foundations of a health care system. Such individual freedoms are important not only because they often support more efficient and effective health care services, but because they permit individuals to fulfill important moral duties. A comparative study of the health care systems (...) in Hong Kong and mainland China is utilized to illustrate the conceptual and moral concerns at stake. Both regions have implemented two-tier health care systems with a public tier of basic health care services together with a second tier of privately purchased health care. As we document, Hong Kong permits patients and doctors significantly greater opportunities to choose private health care of typically higher medical quality than their mainland counterparts. As a result, individuals are able to obtain higher quality health care while also fulfilling important moral duties for themselves and their families. In this sense, Hong Kong’s health care system is morally superior to mainland China’s. In each case, Confucianism’s concerns regarding equality are partly satisfied through the provision of public health care services on the basic tier, while appropriate use of private resources in support of oneself and one’s family is permissibly exercised on the private tier. Although it is true that inequalities in health care access and outcome are inevitable within a system that permits such individual freedoms, we argue that such inequalities are morally justifiable in terms of Confucian ethical thought. (shrink)

Drawing on the work of Giorgio Agamben, this article offers a philosophical interpretation of Hong Kong’s recent Umbrella Movement and the city’s political identity since its 1997 handover to China. With the constitutional principle of ‘one country, two systems’ it has held since 1997, Hong Kong has existed as an ‘inalienable alien’ part of China not dissimilar to that of Agamben’s political ontology of the homo sacer’s ‘inclusive exclusion’ in the polis. In addition to highlighting how (...) Agamben’s politico-ontological notions such as ‘exception’ and ‘inclusive exclusion’ can illuminate the events of the Umbrella Movement, this article focuses particularly on the figure of the student, which many have seen as the symbolic face of the protest campaign. Considering how the student may also be regarded as a figure of ‘exception’, this article argues that the ‘exceptional’ role of the student highlights the unique sociopolitical as well as pedagogical aspects of the Umbrella Movement. Finally, comparing Hong Kong’s 2014 protests to Agamben’s philosophical account of the 1989 Tiananmen protests, this article concludes by suggesting that the Umbrella Movement is not simply a one-off event but fundamentally a manifestation of Hong Kong’s continuing political existence since 1997. (shrink)

Recently, scholars have begun to shift their focus toward the idea of the marketization of startups and the relationship with entrepreneurial psychology or other factors; however, the establishment of a unified and clear standard of entrepreneurship educational methods remains unfulfilled. Our study investigates 46 representative startups in four industries, including financial technology, biotechnology, education, and cultural tourism areas in Guangdong-Hong Kong-Macao Greater Bay Area and Southeast Asia to observe factors from different backgrounds but matter in common for building (...) entrepreneurship education systems and methods in different countries. We used the fuzzy qualitative comparison method to survey startup entrepreneurs and executives through questionnaires, selecting startup key factors including entrepreneurial psychology, product advantage, market and cultural environment, entrepreneurial policy, and geographical advantage. The survey was conducted on six key variables, namely, geographical advantage, to observe the conditional grouping and paths of factors influencing the establishment of Startups from an overall perspective. This study explores the path combination that plays a key role in the establishment of new enterprises, and further uses specific industry cases to verify the rationality and credibility of the path combination. The main conclusions are as follows: There are five combination paths affecting the establishment of new enterprises, which are “psychology and market,” “psychology, product, and region,” “psychology, culture and policy,” “psychology, market, and culture,” and “market, policy, and region” combination paths; Entrepreneur psychology, market environment, and entrepreneurship policy are the core conditions to improve the effectiveness of the establishment of new enterprises, while the other three variables are non-core variables in different paths; There are different paths of entrepreneurial paths and factor combinations in different regions or industries. (shrink)