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.     

Agenda-Setting in Greenpeace and Amnesty: The Limits of Centralisation in International NGOs

While international nongovernmental organisations (INGOs) have been heavily studied for their role in transnational advocacy, most research has ignored their internal organisation and the relationships between international and grassroots offices. Intuition suggests that INGOs should face structural imperatives to balance maintaining global brands while simultaneously mobilising disparate publics in local contexts. However, this intuition has not yet been systematically studied. We address this with a paired comparison of Amnesty International and Greenpeace. Using case studies and an original dataset of website attributes, we show that campaigns promoted by international offices and their national counterparts reflect a balance between local diversity and global unity, revealing organisational structures that combine centralised agenda-setting with decentralised agenda implementation. Our research identifies a “measurement gap” with implications for understanding INGO accountability and effectiveness, and indicates that a more complete research programme on INGOs must include attention to internal organisation and structural diversity.     

Kwok Cheuk Kin v Lam Cheng Yuet Ngor: Government Chastisement of Dissidents and Judicial Review That Never Was?

The Hong Kong Government issued a strongly-worded official statement, subsequently adopted by the Chief Executive, to publicly condemn an outspoken constitutional law scholar for expressing views which the Government considered unconstitutional. Leave to judicially review the statement was refused by the Court of First Instance of the High Court of Hong Kong on the grounds, inter alia, that a statement lacking in direct legal consequences was outside the ambit of judicial review and, further, the Chief Executive was in any event entitled to comment on public affairs. This note argues that, on a proper understanding of the supervisory jurisdiction of the Court and the theory of the ‘third source’ of governmental power, neither ground should have precluded judicial review.     

The Law of Assembly in China

This paper is a comparative study of the law of assembly between the People’s Republic of China (PRC) vs. the Republic of China (ROC). The comparison is achieved by looking at how these two Chinese societies structure police powers during assembly, procession, and demonstration; textually and contextually. Particularly, it investigates into how the forces of history, constitution and politics converge to define and shape the law of assembly. 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. In a still larger context, this research rides the tide of comparative policing in exposing and explicating how police in two closed societies, ROC (Confucianism) and PRC (Socialism), come to terms with social protests and political challenges; more broadly how to balance the forces of reform and control with the use of law.

Population study of 11 Y-chromosomal STR loci in Singapore Chinese

In this study of 212 unrelated Singapore Chinese males, allelic frequencies and gene diversities of 11 Y-chromosome specific STR loci (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS385a/b, DYS438 and DYS439) were established. A total of 184 haplotypes were observed in the 212 individuals studied, of which 165 (89.67%) were unique. The most common haplotype was observed in five (2.35%) individuals. The overall haplotype diversity for the 11 Y-STR loci was 99.81%, and the discrimination capacity was 86.79%.