An Incomplete Victory: The Implications of QT v Director of Immigration for the Protection of Gay Rights in Hong Kong

QT v Director of Immigration is the most important decision on gay rights in Hong Kong since the unequal ages of consent between heterosexuals and homosexuals were held to be unconstitutional 10 years ago. The Court of Appeal of Hong Kong affirmed the right of same‐sex couples married or in a civil partnership overseas to be treated on an equal basis with married heterosexual couples. This note considers the strengths and shortcomings of the Court of Appeal's reasoning, in terms of its potential significance both to the rights of sexual minorities and to the wider protection of human rights by means of the common law.     

Oral fluid drug tests: Effects of adulterants and foodstuffs

An on-site oral fluid drug screen, Oratect^®, was used to investigate the effects of adulterants and foodstuffs on oral fluid test results. Common foods, beverages, food ingredients, cosmetics and hygienic products were demonstrated not to cause false positive results when tested 30 min after their consumption. Evaluations of two commercial oral fluid adulterants, “Clear Choice^® Fizzy Flush™” and “Test’in™ Spit n Kleen Mouthwash” suggest their mechanism of action is the clearing of residual drugs of abuse compounds through rinsing of the oral cavity. They do not directly destroy the drug compounds or change the pH of the oral fluid. It is also suggested that a common mouthwash would perform similar action.     

Law of assembly in China: People''s Republic of China vs. Republic of China

This paper is a comparative study of law of assembly between the People's Republic of China (PRC) vs. the Republic of China (Taiwan) (ROC). The comparison is achieved by looking at how these two societies regulate and police assembly, procession, and demonstration (hereinafter “public assembly”). Particularly it looks at the constitutional mandate and legal limitations on police powers in managing such public gatherings, e.g. what are the role and functions, and powers and limitation of the police in dealing with public assembly application and conduct.This comparative project is conducted with a view to understand the relative development in police powers in the two Chinese societies, once linked by history and culture and now divided by geography and ideology. It is assumed that in order to achieve a political “unification” of the two societies under a “one country two systems” formula,or any other viable political settlement, some understanding of how the two legal systems work is important in breaching their differences.In a still larger context, this research rides the tide of comparative policing in exposing and explicating how police in these two closed societies, ROC (Confucianism) and PRC (Socialism), come to terms with social protests and political challenges; more broadly how they balance the forces of reform and control with the use of law.     

Going 'Back' and Staying 'Out': Articulating the postcolonial Hong Kong subjects in the development of China

In examining the Hong Kongers' participation in the social development of China, I suggest that China-development provides an important local site for the study of Chinese postcoloniality. Not only does it disclose the multiple and contradicting effects of colonial power, it also embodies the conflicting visions of modern China between the official Grand Narrative of modern Chinese nationhood and the local narratives of modern Chineseness. It became a site that created discursive possibilities for individual Hong Kongers to negotiate their ambivalent identification with and resistance to China. In this paper, I show how Hong Kongers were constructed as 'free subjects' under the British colonial discourse of liberalism which in turn shaped the Hong Kong discourse of China-development. Circulating in China-development was the image of China as the oppressive and corrupt 'inside' and Hong Kong as a free 'outside' space of accountability and equality of opportunities. Vacillating between East and West, Hong Kongers came to represent themselves as modern Chinese towards which they worked to develop their mainland compatriots.     

Democratic theorizing in Taiwan: A reconstruction

This study reconstructs Taiwan people's existing discursive structures on democracy by replicating Dryzek and Berejikian's Q methodological study of American democratic discourses. It finds that under the existing specific historical circumstances, Taiwan people's democratic attitudes manifest a complex, pluralistic and interrelated discursivity, in which at least five democratic discourses can be identified, namely democratic pragmatism, democratic communitarianism, democratic liberalism, democratic elitism and democratic populism. Yet, among these five discourses, there are a number of commonly held views. In particular, they all accept democratic pluralism, reject communism and violence, believe in the fallibility of state leaders and the necessity to limit government power, and are optimistic about the future democratic development in Taiwan. This broad consensus reflects the specific historical experience of Taiwan people's democratic pursuit on the one hand and provides a broad common ground for dialogue and interaction among the five discourses on the other. These findings should significantly enrich our understanding of the democratic theorizing in Taiwan and serve as a basis for future comparison with the American as well as other countries’ experiences.