试论香港基本法对我国当代法制的影响

香港基本法的实施,使得中国当代法制在"一国两制"原则下有了新发展,具体表现在立法制度、法律渊源体系、法律体系、司法体制、法律适用制度以及法律解释制度等方面。基本法实施带来的影响不能简单加以衡量。两地应互相包容与理解,以弥合彼此之间的距离,求同存异,给香港基本法的实施提供前行的动力和活力,进一步完善我国当代法制。     

Do female legislators have different policy priorities than their male colleagues in an undemocratic/semi-democratic legislature? The case of Hong Kong

This article investigates the impacts of democratic transition on gender outcomes in Hong Kong, which has a unique path of transition. The author studies whether democratic transition in Hong Kong since the mid-1980s has brought positive gender outcomes. Specifically, this article examines the extent to which Hong Kong’s female legislators acted for women’s interests from 1970 to 2012. The study finds that after the introduction of legislative elections, female legislators were more likely to represent women’s interests than male legislators. Apart from gender, the study also finds that political orientation of a legislator significantly affected legislator policy priorities and/or gender outcome. Liberal legislators proposed significantly more motions related to women’s interests than conservative legislators. Finally, the study highlights that as the legislature was transited from an undemocratic to a semi-democratic body, legislators were significantly more likely to propose motions related to women’s interests.     

小说《红岩》生成过程中的文学史内涵解析

小说《红岩》的创作,典型地体现了建国后五六十年代文学创作中“集体化写作”特征,同时也真切地折射出有关革命历史的叙述在这一历史时期的“本质化”达成。追溯《红岩》的生成过程,比较《红岩》写作过程中所形成的三个文本之间的叙事差异,一定程度上也是对中国当代文学在某一历史时期文学创作机制与意识形态生产方式的一种考察。     

Applying Time-series Cross Correlation Analysis to Examine the Nexus between Firearms and Homicide in Hong Kong

This paper applied time series analysis to examine the nexus between firearm robberies and homicide in Hong Kong Special Administrative Region (HK). Recent years have seen a reduction in firearm related offences in HK compared to Britain. For instance, only three cases of firearm robbery in 2004 in HK (0.1% of all robbery; 2,237 incidents) involved genuine firearms, compared to 4,117 firearm robbery incidents (4% of all robbery) in Britain in the same year. This paper established a cross-correlation coefficient of 0.50 at lag 0 for the annual rate of two serious crimes, genuine firearm robbery and homicide, after identifying an ARMA(1,0) model from each time series (1972–2002). The results suggest that the prevalence of firearm robbery is moderately associated with the prevalence of homicide in HK.

Contract Management from the Perspectives of Bureaucrats and Contractors: A Case Study of Hong Kong

New Public Management (NPM) encourages private sector participation in the provision and delivery of public services through outsourcing. Bureaucrats and contractors assess the values, processes, and outcomes of contract management differently. This study adopts transaction cost economics (TCE), the resource-based view (RBV), and the principal–agent theory to analyze Hong Kong bureaucrats’ and contractors’ views on contract management. It finds that both groups are critical of the existing contract management system in Hong Kong. The study shows that the government’s neglect of the risks is causing transaction costs because it lacks a proper monitoring mechanism, two-way communication channels, and appropriate training, and because of contract complications and issues of accountability. There is insufficient proof to assert that the government purposefully conceals these risks, but they are not properly addressed.     

In-between liberal authoritarianism and electoral authoritarianism: Hong Kong’s democratization under Chinese sovereignty, 1997–2016

On the eve of the twentieth anniversary of the handover, Hong Kong’s transition towards a full democracy remains unsettled. Drawing upon the contemporary theories of hybrid regimes, this article argues that manipulations adopted by electoral authoritarian governments have become increasingly common in Hong Kong today. As Hong Kong’s elections, opposition activities, and media have been increasingly put under electoral authoritarian-style manipulations, the city-state is now situated in the “political grey zone” in-between liberal authoritarianism and electoral authoritarianism and its transition into a full democracy remains nowhere in sight. The case study of Hong Kong will help enrich the existing comparative literature on hybrid regimes by developing a new “in-between category” and offering an interesting case of democratization of sub-national polity.     

Disunited in ethnicity: the racialization of Chinese Mainlanders in Hong Kong

In the current climate of increasing antagonisms and populist discontents surrounding the visible presence of mainland mobilities in postcolonial Hong Kong, there is an acute need to understand how those from Mainland China are racialized. Lowe and Tsang's article provides an examination of the campaign against Mainlanders prevalent in Hong Kong society. The emergent conflicts between Hong Kong and Mainland Chinese migrants overlap with the duality of time or differing time-inflected cultural habits of Mainlanders and Hong Kongers. As Hong Kong's citizenry and Mainlanders contest the status of the former colony and claim rights over it in ways aberrant to both factions' national consciousness, discrimination increases as Mainlanders are castigated by Hong Kongers for grazing their territory with mannerisms deemed unsettling to Hong Kong's everyday notions of time and space. Hong Kongers' sense of collective identity is shored-up as they reject the People's Republic of China’s favoured concept of pan-Chinese ethnicity by constructing Mainlanders as the inverse of themselves.     

青少年犯罪后实施社区矫正的新模式——香港社区支援服务计划

香港自20世纪80年代开始推行以“社会为本,辅导为主”的犯罪矫治措施,强调以较宽容的态度处理轻微罪行的青少年,尽量避免让犯罪青少年进入司法审讯制度内,避免把犯事的青少年监禁起来,而是让青少年留在原来的社区里,改过自新,重新做人。在实践中,为了适应社会发展和社区的需要,香港又相继推出了“社区为本”的自新计划,其中就包括社区支援服务计划。     

Political repression in a sub-national hybrid regime: the PRC’s governing strategies in Hong Kong

Existing literature has long recognised that the Beijing government has utilised different strategies to suppress the opposition in Hong Kong. However, with the rise of localism against the Chinese government, the implications of such political repression require new exploration and insight. This article adopts Hale’s analytical framework on political repression and argues that the Beijing government can comparatively tolerate an opposition fighting for democratisation, but the localists who advocate self-determination or separatism are harshly condemned and suppressed. In Beijing’s approach, this ‘red line’ was adopted to place national security, territory integration and sovereignty as the top considerations. Theoretically, this paper contributes to distinguishing between two types of opposition groups within sub-national hybrid regimes and analyzes different responses from the sovereign state. Empirically, the case of Hong Kong will help enrich the existing literature by comparing Beijing’s strategies of repression in regard to the democratic opposition and localists.