司法能动主义视阈下的《香港截取通讯及监察条例》

《香港截取通讯及监察条例》的制定与实施是香港秘密侦查法治化进程中的里程碑事件。条例的出台直接渊源于香港法院秉承的司法能动主义。该条例对大陆秘密侦查法治化具有借鉴意义。     

Development of the Nationality Law of China

With the deepening of globalization, many provisions in the Nationality Law of China promulgated in 1980 are already out of time and some provisions are easy to trigger dual nationalities. Consequently, while sticking to the basic principle of the Nationality Law, certain provisions of the Nationality Law of China should be gradually improved according to the present situation of international and domestic development, and the implementing guidelines for the Nationality Law should be introduced to construct a relatively complete legal system to adjust and regulate various relationships of nationality. Song Xixiang, majoring in international law, Hong Kong and Macao law, is a professor of law and the dean of Law School of Shanghai International Studies University. Now, he is also a doctoral candidate of Wuhan University. Meanwhile, Prof. Song is an executive director of the China Society of Private International Law and of the China Society of International Law and of the China Society of International Economical Law, etc. Moreover, he is a vice chairman of Hong Kong and Macao and Taiwan Law Association.     

优先级的确定以及支出令——香港海事诉讼程序中的最后阶段

考察了香港海事诉讼中海事请求权人对拍卖船舶后价款的受偿顺序这一重要的程序问题,指出这一问题的解决在香港主要是通过法官依据英国法律来认定而非由成文法令来规定,并具体分析了确定受偿顺序的一般原则、例外以及支付令的批准问题。     

The influence of low self-control on violent and nonviolent delinquencies: a study of male adolescents from two Chinese societies

Low self-control is theorized to be a key correlate of delinquency. Using a nonadjudicated sample (N = 1057) from Hong Kong and Macau, the influence of self-control on self-reported violent and nonviolent delinquencies was investigated using Grasmick’s self-control scale. The influences of demographics and self-control on delinquency were also examined. Findings indicate that these adolescents are more likely to engage in overall delinquency, particularly violence, if they are older and if they are less educated. Age is the only demographic predictor of nonviolent delinquency. Risk-seeking behaviors and self-centeredness have significant influences on both violent and nonviolent delinquencies, while low frustration tolerance and preference for cognitive activities are only associated with an increased level of violent misconduct. These findings highlight the overall significant influence of self-control on adolescent delinquency in Chinese adolescents. Suggestions are offered to enhance adolescents’ self-control as a way to reduce their tendency to involvement in delinquent activities.     

香港特别行政区法院的违反基本法审查权

基本法不是香港的宪法,根据基本法的规定审查香港立法机关制定的法律是否违反基本法并确定被审查法律的效力的权力,应称之为违反基本法审查权。无论从基本法的规定、香港原有法律传统还是其他法律理论或实践来看,香港法院行使违反基本法审查权均缺乏法律根据。香港法院自我设定违反基本法审查权,混淆了中央与地方权力关系、偏离了基本法设立的香港政治体制、扭曲了基本法与普通法之间的关系。香港特区终审法院自行纠正错误先例,由全国人大常委会解释基本法第17条,并根据基本法第20条授予香港特区终审法院对违反基本法的香港立法机关制定的有关法律的审查权,是解决违反基本法审查权问题的理想方案。     

Asian Male Domestic Violence Victims: Services Exclusive for Men

The main reasons abused men do not seek social services include their strong endorsement of social/cultural values and avoidance of gender role conflict. Through internet-based service connections, we did not find sources in Asia, Australia, or New Zealand that advertised programs exclusively for male victims of domestic violence (DV). Nine social services in Hong Kong and Singapore describe their work with men in DV situations, but the main focus is “men as perpetrators.” Targeting men as victims, 32 sources in Canada, the United States, and the United Kingdom describe services designed especially for male DV victims. Findings demonstrate that services for male victims must address such factors as secretiveness, cultural values, masculine identity, tolerance, shame, and loss of face.     

粤港澳出入境管理制度之比较

粤港澳出入境管理制度在体制、模式等方面有各自的特点,三地应相互借鉴和融合,把握今后内地往来港澳管理制度的设置方向,加强出入境领域的合作,方便人员往来,共同打击出入境领域的各类违法犯罪,维护出入境秩序。     

“一国两制”下的若干宪政问题浅析

“一国两制”的理论和实践,给我国宪政理论提出了许多新课题。如“一国两制”的宪政涵义,“一国两制”与宪法的关系、“一国两制”与港澳基本法的关系、宪法与港澳基本法的关系等,用“一国两制”解决香港问题和澳门问题,不仅对解决台湾问题具有率先垂范的作用,而且能够证明“一国两制”是解决台湾问题的最佳模式。     

皎然的佛学思想与诗歌创作

~~皎然的佛学思想与诗歌创作@郜林涛$华东理工大学文化艺术学院!上海200237~~~~~~     

The Study of Public Administration in Hong Kong and Macao: Evolutionary Paths and Implications

Comparatively speaking, the birth and the growth of public administration programmes, at both undergraduate and postgraduate levels, in Hong Kong and Macao have been a response to the increasing need for the training of students and civil servants in the discipline of public administration. Since the 1990s, the proliferation of Master of Public Administration (MPA) programmes in both the Hong Kong and Macao Special Administrative Regions can be explained by the demand for local people to govern the two places in accordance with the principle of ‘one country, two systems’. The content of various MPA programmes also reflects the changing political and administrative circumstances; its public administration focus has been accompanied by core courses training students from a variety of disciplines, ranging from public finance to economics, from public policy analyses to globalization, and from regional planning to a deeper understanding of mainland Chinese government and politics. In both Hong Kong and Macao, some graduates from both the Bachelor and Master programmes have joined the civil service or enhanced their skills in public sector management and governance. Although the medium of instruction varies from one university to another, their programme objective shares one thing in common: the imperative of training existing civil servants and students to join the governments of Hong Kong and Macao. This paper compares and contrasts the development of public administration programmes in Hong Kong and Macao and examines its theoretical implications for the changing relations between politics and public administration.