Interpreting the Basic Law and the Adjudication of Politically Sensitive Questions

In this paper, I shall essentially lay out five interpretiveprinciples that the Hong Kong judiciary should observe. First,the Hong Kong judiciary can disable themselves from giving effectto National People's Congress (NPC) Acts that are inconsistentwith the Basic Law. Second, the Court of Final Appeal has aduty to make a reference to the NPC's Standing Committee (NPCSC)when it needs to adjudicate over two conflicting Basic Law provisions,one whose affairs fall within the Central Government's concernsand the other which falls within the limits of Hong Kong's autonomy.Third, in reading the text of the NPCSC Interpretation narrowlywhile observing its central tenor, the Court would be respectingthe plenary interpretive mandate conferred on the NPCSC whileretaining its role as the primary interpreter of the Basic Law.Fourth, so far as a Mainland National Law has been formallyincorporated into the Basic Law, it cannot be deemed in violationof another constitutional clause. Finally, I would argue thatnot all constitutional affairs falling within the limits ofHong Kong's autonomy are automatically justiciable; where thereis a textual commitment to a coordinate branch of government,the Court may only interfere with the decisions made by thepolitical branches on traditional grounds of judicial review,i.e. illegality, irrationality or procedural impropriety.     

The Global South in Environmental Negotiations: the politics of coalitions in redd+

During international environmental negotiations developing countries have commonly employed a unified strategy through the G-77 and China (G-77/China). Compared with other negotiations, such as those on trade and security, this strategy has been relatively successful in securing financial and technical benefits. Unity among developing states is not, however, a characteristic of all environmental negotiations. This paper analyses the case of Reducing Emissions from Deforestation and Degradation plus conservation ( redd +), where unity has been absent. It argues that the negotiation positions, strategies and coalition politics from 2005 to 2013 have been a result of identifiable power asymmetries among developing states (shifting over time). Some states with vast forest resources have held an effective veto, while others have had considerable moral influence and expert authority. Coalitions have courted such relevant and reputational leaders. At the same time some developing states have had enough diplomatic capacity and economic power to stand alone in negotiations. Taking a broad, historical view of the diverse forest interests and power asymmetries among developing states helps to explain the recent stagnation in negotiations to establish an international redd+ mechanism to mitigate climate change.     

A Fatality Following Ingestion of the Designer Drug Meta‐Chlorophenylpiperazine (mCPP) in an Asthmatic—HPLC‐MS/MS Detection in Biofluids and Hair

A 20‐year‐old man, a cocaine addict and regular ecstasy user, with a medical history of allergic asthma died after ingesting half a tablet earlier the same day. The white tablet, stamped with a “smiling sun” logo looked very much like an ecstasy tablet and was sold as such. He experienced a severe asthma attack just after ingesting the half tablet and it evolved over the next few hours into fatal cardiorespiratory arrest. Biological samples, taken after embalming, were analyzed by high‐performance liquid chromatography tandem mass spectrometry (HPLC‐MS/MS). Analysis revealed meta‐chlorophenylpiperazine (mCPP) in concentrations of 45.8 mg in a similar tablet obtained later from the drug dealer, 5.1 ng/mL in the bile, 0.3 ng/g in the liver, 15.0 ng/mL in the urine, and its absence in a hair sample (<0.02 ng/mg), which indicated he was not a regular user (whereas strong concentrations of MDMA and cocaine were found in the hair). Interrogated by the police after his arrest, the dealer said that he had sold the victim and for the very first time two tablets with the same “smiling sun” logo. The tablet used for analysis was from the same brand as the one ingested by the victim. The autopsy excluded other causes of death, while the histological analyses showed a large number of polynuclear eosinophils in the bronchial walls, confirming the asthmatic pathology. None of the other organs examined (larynx, liver, heart, adrenal glands, and kidneys) showed any distinctive signs, and in particular no inflammatory infiltrate. The death was the result of an asthma attack in an asthmatic person, violently decompensated following ingestion of approximately 20 mg of mCPP.     

Measurement of Uncertainty for Aqueous Ethanol Wet‐Bath Simulator Solutions Used with Evidential Breath Testing Instruments

Aqueous ethanol wet‐bath simulator solutions are used to perform calibration adjustments, calibration checks, proficiency testing, and inspection of breath alcohol instruments. The Toxicology Bureau of the New Mexico Department of Health has conducted a study to estimate a measurement of uncertainty for the preparation and testing of these wet‐bath simulator solutions. The measurand is identified as the mass concentration of ethanol (g/100 mL) determined through dual capillary column headspace gas chromatography with flame ionization detector analysis. Three groups were used in the estimation of the aqueous ethanol wet‐bath simulator solutions uncertainty: GC calibration adjustment, GC analytical, and certified reference material. The standard uncertainties for these uncertainty sources were combined using the method of root‐sum‐squares to give u_c = 0.8598%. The combined standard uncertainty was expanded to U = 1.7% to reflect a confidence level of 95% using a coverage factor of 2. This estimation applies to all aqueous ethanol wet‐bath simulator solution concentrations produced by this laboratory.     

More dissimilar than alike? Public values preferences across US minority and white managers

Interest in public values has grown considerably over the past two decades. Much of this attention reflects a growing awareness that public values hold considerable significance for citizens and public employees. Yet, despite the rapid expansion of research on public values, we still know little about the role of race in shaping and determining public employees’ values preferences. To begin remedying this gap, this article examines whether minority and white public managers in large US local governments exhibit the same value preferences when making departmental decisions. Results from a multiple group confirmatory factor analysis indicate that minority and white managers express similar preferences for traditional public administration values; however, minority managers report a stronger preference for both traditional public administration (e.g., efficiency and effectiveness) and social equity‐oriented (e.g., equity, representation) values.     

IN SAFE HANDS: A Review of Mobile Phone Anti-theft Designs

Anti-theft designs relating to mobile phones are reviewed. The physical and electronic design of handsets includes visual deterrents, owner-identification, and handset tracking options. The systems design of phone networks includes the blacklisting of stolen phones. Other measures include biometric-locking of handsets, and designs that encourage ‘safe’ phone use and transportation. Characteristics that promote anti-theft designs are proposed and form the acronym ‘IN SAFE HANDS’: identifiable, neutral, seen, attached, findable, executable, hidden, automatic, necessary, detectable, and secure. The set of characteristics is presented as a heuristic device to aid designing-out crime from frequently stolen electronic goods.