Conference and Seminar Papers

Seminar: The Development of Classical Administrative Law and Modern Threats to it

Professor Christopher Forsyth
Emeritus Sir David Williams Professor of Public Law, University of Cambridge; Cheng Yu Tung Visiting Professor, The University of Hong Kong
Thursday, 12th April 2018, 17:30 – 18:30
See conference note here.

Seminar: Human Trafficking: Regional and International Perspectives

26 May 2008

Presentation by Ingela Klinteberg, District Chief Prosecutor of Sweden [PPT]

Conference: The Chinese Judge and International and Comparative Law 2-3 Nov 2007Detail

Presentation by Jean-Yves de Cara, Professor, Paris Descartes University, Head of the Department of Law and Political Sciences [PDF]
Presentation by Zhou Xiang, Judge, Supreme People’s Court of People’s Republic of China [PDF Chinese]
Presentation by Wu Zhaoxiang, Judge, Supreme People’s Court of People’s Republic of China [PDF Chinese]
Presentation by Xi Xiangyang, Judge, Supreme People’s Court of People’s Republic of China [PDF Chinese]
Presentation by Zhao Xiuwen, Professor, Renmin University School of Law, China
[PDF Chinese] [PDF English]
Presentation by Nagangom Junior Luwang, Partner, Corporate Law Group New Delhi [PDF]

Conference: Promoting Racial Harmony? Hong Kong’s Race Discrimination Bill in International and Comparative Perspective, 31 March 2007

The Hong Kong government tabled a Race Discrimination Bill in the Legislative Council in December 2006. If passed, the law will become Hong Kong’s fourth piece of specific anti-discrimination legislation and would prohibit discrimination on the basis of race, colour, descent, or national or ethnic origin. The proposed legislation is intended to give effect in domestic law to Hong Kong’s obligations under the International Convention on the Elimination of all Forms of Racial Discrimination. Debate over the bill has focused on its definition of indirect discrimination; its exemptions; whether the prohibited grounds include new arrivals from mainland China; and whether it is compatible with equality rights in the Bill of Rights and the Basic Law.

This conference examined the bill’s provisions in light of Hong Kong’s international human rights obligations and comparative equality law.

Programme

Presentation by James Keezhangatte, Department of Social Work and Social Administration, HKU [PDF]
Presentation by Fermi Wong, UNISON [PDF]
Presentation by Raymond Tang, Chairman, EOC [PDF]
Presentation by Kelley Loper, Faculty of Law, HKU [PDF]
Presentation by P.Y. Lo, Barrister [PDF]
Presentation by Fernand De Varennes, Murdoch University [PDF]
Presentation by Aileen McColgan, Matrix Chambers and King’s College London [PPT]
Paper by Carole Petersen, University of Hawaii [PDF]

Conference: Enforcing Equal Opportunities in Hong Kong: An Evaluation of Conciliation and Other Enforcement Powers of the EOC, 14 June 2003 Detail

Speech by Ms. Carole Petersen, Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, HKU [PDF]
Speech by Ms. Katherine Lynch, Associate Professor, Faculty of Law, HKU [PDF]
Speech by Professor Cecilia Chan, Director, Centre on Behavioral Health, HKU [PDF]
Key findings from a study of 451 complaints concluded by the EOC between 1 July 2000 and 31 March 2001, by Ms. Gabrielle Rush [PDF]
Investigation and Conciliation of Discrimination Complaints in Hong Kong: Statistical Analysis of 451 Complaint Files and Commentary, by Carole J. Petersen, Janice Fong, and Gabrielle Rush [pdf]

Conference: Freedom and National Security – Has the Right Balance been Struck?, 14-15 June 2003

Co-sponsored by The Hong Kong Bar Association, the Faculty of Law and the Centre for Comparative and Public Law at The University of Hong Kong, and the School of Law, City University of Hong Kong

This conference considered the recent debate over the implementation of Article 23 of the Hong Kong Basic Law and the proposed National Security (Legislative Provisions) Bill introduced to the Hong Kong Legislative Council in February 2003. Speakers include representatives from the government, academia, the legal profession, human rights organisations and journalist associations. The conference presented local and comparative perspectives on national security legislation, addressing topics such as the relationship between national security and administrative law; freedom of information and economic growth; the potential impact of the Bill on press freedoms, self-censorship, and freedom of expression; and the relationship between the Bill and international human rights standards expressed in documents such as the International Covenant on Civil and Political Rights and the Johannesburg Principles on National Security, Freedom of Expression and Access to Information.

Programme

Speech by Mr. James O’Neil, Deputy Solicitor General (Constitutional) [English] [Chinese]
Hong Kong Bar Association’s Views on the National Security (Legislative Provisions) Bill 2003 [PDF]
The Hong Kong Bar Association’s Comments on the Committee Stage Amendments dated 6th June 2003 to the National Security (Legislative Provisions) Bill [PDF]
National Security (Legislative Provisions) Bill 2003: Administrative Law Aspects by Dr. Christopher Forsyth [PDF]
Freedom of Information and the Economic Future of Hong Kong by Dr. Zhiwu Chen [PDF]
Submission to the Bills Committee, National Security (Legislative Provisions) Bill by the Association of the Bar of the City of New York [PDF]
International Human Rights Law Provisions Applicable to the National Security Bill, Submission by the Joseph R. Crowley Program in International Human Rights at Fordham Law School [PDF]
Notes for the Bar Council of England & Wales on the Proposals to Implement Article 23 of the Basic Law of the Hong Kong SAR by Rabinder Singh QC, 23 December 2002 [PDF]
Comments by the Bar of England & Wales regarding the Hong Kong SAR Government’s Consultation Document on the Proposals to Implement Article 23 of the Basic Law, 23 December 2002 [PDF]
Submission on Behalf of the Bar of England & Wales, Amendments to the Hong Kong Crimes Ordinance: Treason, Secession, Subversion and Sedition [PDF]
Submission on Behalf of the Bar of England & Wales, Official Secrets and the Case of Shayler [PDF] and Appendix: Relevant Provisions of the OSA [PDF]
Comments on Behalf of the Bar of England and Wales, Proscription [PDF]
More Repression? Beijing’s Response to the 21st Century? by Professor Perry Link [PDF]

Other Relevant Documents

National Security (Legislative Provisions) Bill [PDF]
Comments on the Consultation Document on Proposed Legislation Under Article 23 of the Basic Law by the Law Society of Hong Kong, 17 December 2002 [PDF]
In the Shadow of the Law, A Report by the International Civil Liberties Monitoring Group in response to Justice Canada’s 1st annual report on the application of the Anti-Terrorism Act (Bill C-36) [PDF]
Canadian Bar Association’s Views on Proposed Immigration and Refugee Protection Regulations (Canada) , 20 November 2002 [PDF]
Canadian Bar Association’s Views on Bill C-32, Criminal Code amendments (setting traps) (Canada), 27 May 2003 [PDF]
Canadian Bar Association Submission on Lawful Access – Consultation Document, December 2002 [PDF]
Canadian Bar Association Submission on Bill C-17 Public Safety Act, 2002, January 2003 [PDF]

Public Lecture: Pru Goward and Anna Wu, The Right to Equal Opportunity: Lessons from Australia, 11 March 2003 [PDF]

Organized by CCPL and the Australian Consulate-General in Hong Kong.

The Human Rights and Equal Opportunity Commission of Australia has broad powers, including public education, investigation and conciliation of complaints, human rights compliance, and advising on policy and legislative development. Ms. Goward has served as the Australian Federal Sex Discrimination Commissioner for the Commission since June 2001 and previously headed the Office of the Status of Women, where she presided over the introduction of the first national programme for the prevention of domestic violence. Ms. Goward will speak about the challenges of enforcing anti-discrimination legislation, the experience of the Australian Commission, and the importance of maintaining independence from government. Following her lecture, Ms. Goward took questions and joined Ms. Anna Wu, Chairperson of the Hong Kong Equal Opportunities Commission, for a panel discussion.

Seminar: Jutta Limbach, How a Constitution Can Safeguard Democracy: The German Experience, 29 January 2003 [PDF]

Professor Limbach, born in 1934, studied law in Berlin and Freiburg. In 1971 she received a chair of law at the Free University of Berlin and worked there as a professor of civil law, commercial law and legal sociology until 1989. In March 1994 she was elected Justice and Vice-President of the German Constitutional Court and she served as president of the Court from September 1994 until April 2002. In January 2002 she was elected President of the Goethe-Institut Inter Nationes, Germany.

Conference: Preserving Civil Liberties in Hong Kong: The Potential Impact of Proposals to Implement Article 23 of the Basic Law, 23 November 2002

Article 23 of the Basic Law of the Hong Kong Special Administrative Region provides that Hong Kong shall enact laws to prohibit any act of treason, secession, sedition or subversion against the Central People’s Government, as well as the theft of state secrets. The Hong Kong government issued a public consultation paper on its proposals to implement Article 23 in September 2002, which generated significant concern in the community. Session One of the Conference consisted of several academic papers on important civil liberties issues. Session Two consisted of a panel discussion, in which panel members commented upon points raised in the academic papers and offered their own analysis of the government’s proposals.

Session 1: Speakers included Assistant Professor Simon Young, Professor Johannes Chan, Associate Professor Fu Hua Ling and Professor Albert Chen.

Session 2: Panelists included Mr. Cliff Buddle, Mr. Law Yuk-kai, The Honourable Margaret Ng, Mr. James O’Neil, and Assistant Professor Doreen Weisenhaus.

State Powers of Investigation and Article 23 by Simon N.M. Young (abstract) [PDF]
Past and Future Offences of Sedition in Hong Kong by Fu Hualing [PDF]
Treason, Secession, Subversion and Proscribed Organizations: Comments on the Consultation Document by Albert H.Y. Chen [PDF]

Lecture and discussion: Shanthi Dairiam, Equality and Non-discrimination: Two Essential Principles for the Promotion and Protection of the Human Rights of Women, 20 April, 2002[PDF]

A noted women’s rights activist in the region, Ms Dairiam is the founder and executive director of International Women’s Rights Action Watch Asia Pacific, a Kuala Lumpur-based women’s rights organization. She has extensive international and regional experience in women’s rights, spanning more than 25 years. Her area of focus has been on advocacy and training related to women’s rights and their articulation in international fora. The session will provide women’s rights activists, and others interested in the field, with the opportunity to discuss issues related to CEDAW, for example, the state’s reporting obligations and NGO drafting of shadow reports. Participants will also be able to discuss with Ms Dairiam issues involved in implementing international women’s rights standards at the national level, including through education and advocacy.

A Decade of the Bill of Rights and the ICCPR in Hong Kong: Review and Prospects, 12 January 2002

In 1991 the Bill of Rights Ordinance (the BRO) was enacted in Hong Kong, incorporating the International Covenant on Civil and Political Rights into Hong Kong’s domestic law. CCPL hosted a conference to review the impact that this legislation has had in the past decade and to discuss controversial issues that may arise in the years to come. Professor Albert Chen opened the Conference and Justice Frank Stock delivered the opening speech. The Hon. Ms. Margaret Ng then spoke on the impact that the BRO has had on policy making and legislation and Andrew Bruce spoke on the impact upon Criminal Law. In the second Session, Paul Harris addressed the impact in the Civil Law field and Andrew Byrnes offered a comparative perspective, including lessons that may be learned from recent experience with the Human Rights Act in the United Kingdom. Commentators included: Professor Johannes Chan, Ms. Carole Petersen and Mr. Simon Young.

Ten years of the Bill of Rights and the ICCPR in Criminal Proceedings by Andrew Bruce, SC [PDF]
Jumpstarting the Hong Kong Bill of Rights in its Second Decade? The Relevance of International and Comparative Jurisprudence by Andrew Byrnes [PDF]
The Impact of the Bill of Rights Ordinance and the ICCPR on Hong Kong Civil Law by Paul Harris [PDF]

Minutes of the Round Table on Trafficking, 28 February 2001

Hosted by Carole Petersen and Robyn Emerton

The “Round Table” brought together people from different backgrounds who are interested in working on this issue, to discuss further research needs, policy needs and strategies. There have been calls for a working group to be set up, to develop strategies both to help prevent the trafficking of women into Hong Kong and to help protect those women who are trafficked into Hong Kong.

For further background, see Occasional Paper on Trafficking of Women into Hong Kong for the Purposes of Prostitution: Preliminary Research Findings.

[PDF Minutes]

Seminar: CEDAW in Hong Kong, 28 November 1998 Detail

Conference and Seminar Papers

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