The last governor,Asian values and China's uniqueness

Chris Patten, East and West — The Last Governor of Hong Kong on Power, Freedom and the Future (London: Macmillan, 1998), 304 pp.     

Knowing When to Salute

Due to a strong “Can Do” spirit and a well-engrained, albeit simplistic, notion of civilian control over the military, senior military leaders are disinclined to publicly share their disagreement with emerging national security policy. Many senior officers mistakenly believe that there are no alternatives other than just silently executing, resigning, or retiring when confronted with bad policy formulation. There are, however, options available to senior uniformed leaders when confronted with policy formulation that they, in their professional opinion, believe is flawed. Depending on the degree to which the civilian authorities are receptive to military advice and the magnitude of the threat to national security involved in the policy, senior military leaders can choose among many alternatives to widen the policy debate.     

Militarized Interstate Disputes and United States Uses of Force

Research on questions such as whether national leaders use force in the international arena to divert attention from problems at home depends on a valid and reliable list of the incidents in which various states have used military force. In the case of the United States, several data sets have been used for this purpose. This research note compares two widely used data sets, the militarized interstate disputes (MID) data, which cover disputes involving all states between 1816 and 1992, and the data originally compiled by Stephen Kaplan and Barry Blechman, which cover only the United States since World War II. This comparison indicates that, in spite of its usefulness for other conflict research, the MID data are not appropriate for analyses of U.S. decisions to use force, including tests of the diversionary hypothesis. The MID data set excludes several categories of incidents relevant to major theoretical arguments about the use of force and includes many irrelevant incidents. These problems are likely to apply to similar analyses of other states as well. The Blechman and Kaplan data set also excludes some relevant events, but its omissions are less consequential. We offer a revised list of United States uses of force between 1870 and 1995.     

Legislation

On Sunday, 6 August 2006, at 2.30 a.m., the Hong Kong Legislative Council, after a prolonged and at times litigious debate, passed the Interception of Communications Surveillance Ordinance (ICO) in Hong Kong with a vote of 32–0. The ICO is the first successful attempt to regulate the interception of citizens' private communications by the Hong Kong government. A review of the literature shows that there has been no comprehensive, systematic and critical assessment of the IOC since its passage. This article provides a critical assessment of ICO, with a twist. Instead of evaluating the ICO based on preconceived and conventional Western jurisprudential principles and foreign legal practices, the article assesses ICO with reference to prevailing (Chinese‐Hong Kong) cultural standards from within, i.e. that of Qing‐Li‐Fa (QLF).     

Lessons from Cukurova

The first 150 words of the full text of this article appear below. Key points

• The recent decision of the High Court of the BritishVirgin Islands in Alfa v Cukurova has caused a stir among lawyersserving the international financial markets based in London.
• Thedecision concerns the meaning of ‘appropriation’.Appropriation is a new remedy for collateral takers introducedby the Financial Collateral Arrangements (No. 2) Regulations2003, which implement the Financial Collateral Directive.
• Thedecision holds that effective appropriation requires the collateraltaker to take over from the collateral giver the ability todeal with the collateral as its own.
• In Cukurova, where anequitable mortgage was taken over directly held shares, thisrequired that the collateral taker become the registered ownerof the shares.
• The decision was appealed to the BVI Court ofAppeal in late January 2008 and may go further. In the meantime,this article provides an overview of the decision and considersits wider significance.