140,613 research outputs found
Kong Yunming v Director of Social Welfare: Implications for Law and Policy on Social Welfare
Kong Yunming v Director of Social Welfare is a landmark victory for the protection of constitutional social welfare right in Hong Kong. In this unanimous decision of the Court of Final Appeal, the seven-year residence requirement for Comprehensive Social Security Assistance (CSSA) imposed by the Department of Social Welfare was ruled unconstitutional. This case shows a shift in the approach of the court in the adjudication of social welfare right under the Basic Law of Hong Kong. Nonetheless, the decision is very controversial not only because of the recent Mainland China–Hong Kong social tension, but also because of the potential wide implications of the case on future public expenditure on CSSA and the validity of other similar social welfare benefits with the seven-year residence requirement. It also opens to question the legitimacy of the court in overruling government policy choices on resource allocation. This article seeks to provide some clarifications of the legal issues involved and to make a preliminary analysis of the implications of the case for future law and policy on social welfare
The Failure of the Hong Kong Court of Appeal to Recognise and Remedy Disability Discrimination
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
The malacofauna of Hong Kong and southern China II : proceedings of the Second International Workshop on the Malacofauna of Hong Kong and Southern China, Hong Kong, 6-24 April 1983
A collection of papers presented to the Second International Workshop which reports the most recent research findings on the molluscan fauna of Hong Kong and Southern Chinapublished_or_final_versionv.1 Introduction p1v.1 Acknowledgements / Morton, Brian p4v.1 List of participants p6v.1.Taxonomyv.1.Morphologyv.2.Ecologyv.2.Physiologyv.2.Behaviourv.1 Species of Donax from Hong Kong: morphology, distribution, behaviour and metabolism / Ansell, Alan D. p19v.1 The Hong Kong Mytilidae / Lee, S.Y. p49v.1 Annotated checklist of Hong Kong Ascoglossa (Mollusca: Opisthobranchia), with descriptions of four new species / Jensen, Kathe R. p77v.1 A preliminary survey of the Cephalaspidea (Opisthobranchia) of Hong Kong and adjacent waters / Lin, Guang-yu p109v.1 A new species of Ovulidae from Hong Kong / Qi, Zhong -yan p125v.1 The vermetid gastropods of Hong Kong / Hughes, Roger N. p127v.1 The potamididae (Mollusca: Gastropoda) of Hong Kong, with an examination of habitat segregation in a small managrove system / Wells, Fred E. p139v.1 The Hong Kong Caecidae / Hughes, Helen P.I. p155v.1 The anterior alimentary system and diet of Turricula nelliae spurius (Gastropoda: Turridae) / Taylor, John D. p175v.1 A pallial boring gland in Barnea manilensis (Bivalvia: Pholadidae)? / Morton, Brian p191v.1 Interspecific relationships between morphometric parameters and the vertical distribution patterns of seven species of turbinate gastropods on mangrove trees in Hong Kong / McMahon, Robert F. p199v.1 Comparative morphology and ecology of free-living suspension-feeding gastropods from Hong Kong / Hickman, Carole S. p217v.1 The radula teeth of Hong Kong Caecidae / Hughes, Helen P.I. p235v.1 The anatomy of the organs of reproduction of Crepidula walshi (Mollusca: Gastropoda) / Yipp, May W. p243v.1 Karyological studies of Neritidae (Streptoneura: Archaeogastropoda).1.Chromosomes of five species from Hong Kong, with special reference to the sex chromosomes / Nakamura, Hiroshi K. p257v.1 Notes on the biology of the cockle Fulvia hungerfordi (Sowerby) / Reid, R.G.B. p275v.1 A comparative study of two species of Striarciinae from Hong Kong with comments on specific and generic characteristics / Oliver, P. Graham p283v.1 Isognomon: life in two dimensions / Reid, R.G.B. p311v.1 Aspects of the biology and functional morphology of Irus irus (Bivalvia: Veneridae: Tapetinae) with a comparison of Bassina calophylla (Chioninae) / Morton, Brian p321v.1 Studies on the internal structure and function of the stomachs of bivalve molluscs: stomach types III, IV and V / Purchon, R.D. p337v.2 Mollusc predation by Luidia spp. (Echinodermata: Asteroidea) in Tolo Harbour and Channel, Hong Kong / Chiu, S.T. p365v.2 Breeding of Thais clavigera (Kuster) and predation of its eggs by Cronia margariticola (Broderip) / Abe, Naoya p381v.2 A survey of Biomphalaria straminea (Dunker, 1848)(Planorbidae) for trematode infection, with a report on larval flukes from other gastropoda in Hong Kong / Tang, Chong-ti p393v.2 A note on the distribution of Biomphalaria straminea (Pulmonata: Planorbidae) in Hong Kong / Liu, Yue- ying p409v.2 A boulder shore gastropod fauna in Hong Kong / Takenouchi, Koichi p413v.2 Some aspects of the ecology of Pinna atropurpurea Sowerby (Bivalvia: Pinnidae), with a note on the commensal pontoniine shrimp Anchistus custos (Forskal) / Wu, R.S.S. p421v.2 A preliminary survey of Corbicula fluminea (Muller)(Bivalvia: Corbiculacea) from flooded furrows in the New Territories, Hong Kong / Sang, Qi p433v.2 A trawl survey of the subtidal Mollusca of Tolo Harbour and Mirs Bay, Hong Kong / Shin, P.K.S. p439v.2 The ground dwelling molluscan faunas of mangrove swamps in Hong Kong and Xiamen / Li, Fu-xie p449v.2 Distribution of the family littorinidae (Gastropoda) on Hong Kong rocky shores / Ohagaki, Shun-ichi p457v.2 The distribution and population structure of Perna Viridis (Bivalvia: Mytilacea) in Hong Kong waters / Huang, Z.G. p465v.2 Faecal coliform contamination of intertidal bivalves from Hong Kong / Ni, Chun-zi p473v.2 Ecology, ontogeny and reproductive biology of Sinotaia quadrata, a viviparid prosobranch, with special reference to the costs of brooding / Calow, P. p479v.2 The diets of Hong Kong freshwater gastropods / Dudgeon, David p491v.2 Some unusual renal characteristics of the bivalves Pteria penguin, Spondylus nicobaricus and Spondylus barbatus / Reid, R.G.B. p513v.2 Upper thermal tolerance limits for three species of cobble shore bivalves in Tolo Harbour, Hong Kong, with notes on population structure and distribution on the shore / Britton, Joseph C. p519v.2 Aspects of the ecophysiology of Asaphis dichotoma (Anton)(Bivalvia) / Depledge, M.H. p529v.2 Physiological responses of the Indo-Pacific mangrove bivalve, Geloina erosa (Solander, 1786), to aerial exposure / Depledge, M.H. p543v.2 Aquatic ventilation movements in the limpet, Cellana toreuma and their relationship to respiration / Daniel, M.J. p553v.2 The relationship between vertical distribution, thermal tolerance, evaporative water loss rate, and behaviour on emergence in six species of mangrove gastropods from Hong Kong / McMahon, Robert F. p563v.2 Diel changes in the floating behaviour of Biomphalaria straminea (Dunker, 1848)(Pulmonata: Planorbidae) in the laboratory / Bao, Cheng-ying p585v.2 Freshwater gastropod foraging strategies: interspecific comparisons / Dudgeon, David p591v.2 The effects of feeding and starvation on the foraging strategies of three freshwater pulmonate species / Dudgeon, David p601v.2 Tidal rhythms of Littorina melanostoma and L.scabra in a Hong Kong mangal / Yipp, May W. p613v.2 Notes on the feeding behaviour of Tonna zonatum (Tonnidae) and Phalium bisulcatum (Cassidae)(Tonnacea) / Hughes, Roger N. p623v.2 Feeding in Gymnodoris inornata (Bergh) and Gymnodoris alba (Bergh)(Opisthobranchia) / Hughes, Helen P.I. p627v.2 Aspects of naticid predation in Hong Kong with special reference to the defensive adaptations of Bassina (Callanaitis) calophylla (Bivalvia) / Ansell, Alan D. p635v.2 Prey selection and feeding behaviour of Octopus membranaceus (Quoy and Gaimard, 1832) / Lam, V.W.W. p66
The Mangrove ecosystem of Deep Bay and the Mai Po marshes, Hong Kong : proceedings of the International Workshop on the Mangrove Ecosystem of Deep Bay and Mai Po Marshes, Hong Kong, 3-20 September 1993
This volume comprises original research papers reporting findings collected by participants of the International Workshop on the Mangrove Ecosystem of Deep Bay and the Mai Po Marshes, jointly organized by the University of Hong Kong and World Wide Fund for Nature Hong Kong and held at the Mai Po Marshes in September 1993. The papers cover a wide range of topics relevant to the future conservation and management of the threatened ecosystem, ranging from the flora and fauna of the mangrove forests and inner Deep Bay to pollution levels in the biotapublished_or_final_versionPreface / Shing-yip Lee pviiSect.I Flora and fauna p1Sect.II|tEcology and pollution p135The species composition of penaeid prawns in the north- western waters of Hong Kong / S.F. Leung p3Composition, structure and distribution of polychaete assemblages in Deep Bay, Hong Kong / Jian-wen Qiu p13Distribution of shrimp and fish associated with the mangrove forest of Mai Po Marshes Nature Reserve, Hong Kong / D.J. Vance p23A survey of mudflat gastropods in Deep Bay, Hong Kong / M.W. Cha p33Composition and zonation of benthic macrofauna in the Mai Po Marshes mangrove forest / C. Anderson S. McChesney p45The brachyuran fauna of the Mai Po Marshes Nature Reserve and Deep Bay, Hong Kong / S.Y. Lee V. Leung p57Structure and composition of the seaward mangrove forest at the Mai Po Marshes Nature Reserve, Hong Kong / Norman C. Duke M. Ajmal Khan p83Mangrove distribution in the gei wais at the Mai Po Marshes Nature Reserve / L. Young p105Distribution of mangrove species in the intertidal zone at the Mai Po Marshes Nature Reserve / L. Young p117Preliminary observations of ants in Hong Kong mangroves / John R. Fellowes p131Time activity budget of Perisesarma bidens and Parasesarma affinis (Brachyura : sesarminae) at the Mai Po Marshes mangrove, Hong Kong / P.W. Kwok p137Metal concentrations in shrimp and mantis shrimps from Deep Bay, Hong Kong and the eastern waters of the Pearl River estuary / Y.B. Ho p153Litter production and return of nutrient elements in Futian mangrove swamp, Shenzhen, China / M.S. Li C.Y. Lan G.Z. Chen S.H. Li Y.S. Wong N.F.Y. Tam X.R. Chen p165Observations on the mangrove community at the Mai Po Marshes, Hong Kong : implications for conservation / K. Kathiresan p17
Predictors common to cardiovascular and cancer outcomes in a population-based 13-year prospective study in Hong Kong
INTRODUCTION: Cardiovascular diseases (CVD) and cancer are the two leading causes of death in Hong Kong. Obesity is becoming increasingly prevalent in the local population and has been reported to be associated with CVD and some forms of cancer in the western world. In this study, we attempted to identify the aetiological factors linking obesity to both CVD and cancer among Hong Kong Chinese. METHODS: Subjects were recruited from the Hong Kong Cardiovascular Risk Factor Prevalence Study (CRISPS) …published_or_final_versionThe 16th Medical Research Conference, The University of Hong Kong, Hong Kong, 22 January 2011. In Hong Kong Medical Journal, 2011, v. 17 suppl. 1, p. 56, abstract no. 9
High-sensitivity C-reactive protein and other inflammatory markers in predicting cardiovascular risk in Hong Kong Chinese
INTRODUCTION: Inflammation is increasingly recognised as a key player in atherosclerosis, and C-reactive protein measured using high-sensitivity assay (hsCRP) is the most promising inflammatory marker in predicting the risk of cardiovascular diseases (CVD). In this prospective cohort study, we examined the predictive value of hsCRP for CVD in Hong Kong Chinese and determined if other biomarkers would enhance the predictive value of hsCRP. METHODS: Subjects were recruited from the Hong Kong Cardiovascular Risk Factors Prevalence Study …published_or_final_versionThe 16th Medical Research Conference, The University of Hong Kong, Hong Kong, 22 January 2011. In Hong Kong Medical Journal, 2011, v. 17 suppl. 1, p. 66, abstract no. 11
Human Trafficking and Judicial 'Divination' in Hong Kong
The Court of Appeal’s (CA) recent ruling in ZN v Secretary for Justice on human trafficking is problematic for three reasons. First, it read too much into the People’s Republic of China’s choice not to apply the Palermo Protocol to Hong Kong. Second, the CA’s striking preference for the United Nations Human Rights Committee’s General Comments over the European Court of Human Rights jurisprudence contradicts a long line of the Court of Final Appeal case law. Finally, the CA’s ruling that the errant employer’s abusive conduct towards ZN constituted forced labour, in contravention of art 4(3) of the Hong Kong Bill of Rights, is extraordinary because s 7 of the Hong Kong Bill of Rights Ordinance (Cap 383) (BORO) explicitly provides that the BORO does not apply to conduct between private individuals. While deeming it unnecessary for the Hong Kong legislature to enact a specific law on forced labour, the CA ironically established a new common law offence of forced labour under Hong Kong law
Culture of indifference : dilemmas of the Filipina domestic helpers in Hong Kong
In this study, an examination of the everyday experiences of the contract migrant Filipina domestic helpers exposes a culture of indifference which pervades the Hong Kong society on all levels--individual, community, and judiciary. At the centre of the abuses inflicted upon the Helpers is the employment contract with extraordinarily restrictive terms which promotes abuse by many employers. This study also looks at the transnational informal social infrastructure which has been organized by the Filipino community to mediate the hostile working environment engendered by the indifference of the global economic and political climate upon their lives.
Faced with the task of implementing new policies for controlling labour migration into Hong Kong, the legislators have focused on the end result and finding the means with which to accomplish their goal. Embedded within this process are unexamined cultural mores and practices. Although the starting point is to benefit the community, by providing domestic helpers to serve the middle and upper class households, too often the abusive consequences to individual migrants are ignored as the women become the means to an end. Migration has often been viewed as an aberration to the notion of the sedentary community. Treated as an anomaly, it is the migrant who problematizes simple theoretical positions of social organization and structure. The migrant is always treated as the one who does not conform to the ideal community and is conveniently merged into existing social categories, such as the lower status of women in Hong Kong, and the lower status of domestic workers -- relegated thereby to the periphery of the society's consciousness
W v Registrar of Marriages and the right to equality in Hong Kong
This article contends that the Hong Kong government's decision to deny a transgender woman's application to marry her male partner, reviewed by the Court of First Instance in W v Registrar of Marriages, engages a right to equality and non-discrimination in Hong Kong constitutional law as well as anti-discrimination legislation. In light of the relative marginalization of the transgender community and Hong Kong's reasonably robust equality jurisprudence, framing W's challenge more explicitly on equality grounds may have had some advantages. In particular, a focus on equality may have strengthened the court's resolve to exercise its duty to protect the rights of minorities against discriminatory social attitudes.published_or_final_versio
The End of "Made in Hong Kong"? : De-industrialisation and Industrial Promotion Policy in Hong Kong
This article explores spatial aspects of Hong Kong's deindustrialisation, related both to the development of closer cross-border ties and to Hong Kong's evolution as a global city. Industrial promotion has always had its place in the generally non-interventionist economic policy ofthe government. However, under the new political and economical conditions industrial promotion has moved up on the agenda. In particular, the promotion of high-tech industries is given special governmental attention. The author wams that the plans for re-industrialising Hong Kong may be based on an obsolete view of the city: the city as an isolated entity rather than as the cross-border economic agglomeration that it is growing into. The aim should be to develop a strong and productive industrial base with intraregional co-operation for the whole agglomeration instead of just for Hong Kong
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