19,946 research outputs found

    Racial Equality and the Law: Creating an Effective Statute and Enforcement Model for Hong Kong

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    The Hong Kong government has commenced a public consultation exercise on a bill to prohibit racial discrimination, which is expected to be introduced in the Legislative Council in early 2005. The government has proposed to model the bill on the existing Sex Discrimination Ordinance (SDO) and the Disability Discrimination Ordinance (DDO). While there are advantages to adopting a familiar format, the author argues that the SDO and DDO can be improved upon, in particular, that a more flexible definition of indirect discrimination should be adopted and that special provisions be drafted to address discrimination against new immigrants from mainland China. The author takes the view that this is an opportune time to strengthen the enforcement model for all of Hong Kong's anti-discrimination laws. The author proposes that officers at the Equal Opportunities Commission (EOC) be empowered to take a more proactive approach and that a specialist equal opportunities tribunal should be established outside the auspices of the EOC.published_or_final_versio

    The Failure of the Hong Kong Court of Appeal to Recognise and Remedy Disability Discrimination

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    This article critiques the recent decision of the Hong Kong Court of Appeal in Ma Bik Yung v Ko Chuen, the first case to be tried under Hong Kong's Disability Discrimination Ordinance. The Court of Appeal upheld the District Court's finding of disability harassment but granted the appeal from the finding of disability discrimination. The author argues that the Court erred, by introducing a hypothetical factual scenario that was inconsistent with the District Court's findings of fact and by failing to apply s3 of the Ordinance. The article also criticises the Court's holding that an 'unwilling' apology is outside the scope of remedies allowed by the Ordinance. In fact, similar statutory language is regularly used in Australia as the basis for orders to apologise. The author concludes by considering the potential conflict between the right to free expression and court-ordered apologies and suggests two possible approaches to the issue.published_or_final_versio

    Mosses new to Hong Kong (1)

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    Ten moss species - Garkea flexuosa (Griffith) Marg. & Nork., Campylopus laxitextus Lac., Fissidens dubius P. Beauv., Fissidens ceylonensis Dozy & Molk, Fissidens maceratus Mitt., Philonotis thwaitesii Mitt., Isopterygium minutirameum (C. Muell.)Jaeg., Homalia trichomanoides (Hedw.) B.S.G., Pogonatum neesii (C. Muell.) Dozyand Polytrichum formosum Hedw. are reported new to Hong Kong. Among them, five are new to Guangdong Province of China

    Criminal Due Process in Hong Kong and Singapore: A Mutual Challenge

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    This article explores what the author believes to be the fruitful task of comparing the divergent development of criminal due process jurisprudence in Hong Kong following the enactment of the Bill of Rights Ordinance and the Basic Law, with that in Singapore. Whilst Singapore cases have remained conservative, Hong Kong courts have begun to develop what promises to be a robust attitude toward due process issues. It is argued that the comparison between the two jurisdictions is especially apt given the many similarities between the peoples of Hong Kong and Singapore. The article also ventures to sketch out the predictive exercise of asking whether Singapore is likely to become more like Hong Kong, or whether it is Hong Kong which will move closer to Singapore

    Scattering Amplitudes of Massive N=2 Gauge Theories in Three Dimensions

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    We study the scattering amplitudes of mass-deformed Chern-Simons theories and Yang-Mills-Chern-Simons theories with N=2 supersymmetry in three dimensions. In particular, we derive the on-shell supersymmetry algebras which underlie the scattering matrices of these theories. We then compute various 3 and 4-point on-shell tree-level amplitudes in these theories. For the mass-deformed Chern-Simons theory, odd-point amplitudes vanish and we find that all of the 4-point amplitudes can be encoded elegantly in superamplitudes. For the Yang-Mills-Chern-Simons theory, we obtain all of the 4-point tree-level amplitudes using a combination of perturbative techniques and algebraic constraints and we comment on difficulties related to computing amplitudes with external gauge fields using Feynman diagrams. Finally, we propose a BCFW recursion relation for mass-deformed theories in three dimensions and discuss the applicability of this proposal to mass-deformed N=2 theories
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