Data protection in Malaysia and Hong Kong: One step forward,two steps back?

Continuing rapid developments in information communication technology has led to an ever increasing amount of personal information being collected, processed, stored and used, without the individual even knowing about it. For countries which have domestic legislation relating to privacy and data protection, it has afforded the opportunity for a review. For others, it has opened up the opportunity to legislate. The aim of the paper is three-fold. First, the paper aims to deal with data protection regime in Malaysia and in Hong Kong by examining the salient features of the newly enacted Malaysia's Personal Data Protection Act 2010 and the recent recommendations for legislative reform to the Personal Data (Privacy) Ordinance in Hong Kong. Second, it considers whether the laws are more concerned with legitimising data protection practices of organizations and businesses rather than the protection of individuals' privacy interests. Finally, the paper briefly considers whether the laws adequately address the impact to individuals' data privacy brought about by technological advancements before providing a conclusion.     

Detention under the Mental Health Act: balancing rights,risks and needs for services

Mental health law has to balance considerations of both justice, and health and welfare. In the political climate of the 1990s mental health services have become targeted on those with serious mental illness, to address the objectives of containing risks and limiting service expenditure. This paper identifies that increasing rates of detention under the Mental Health Act through the 1990s in a particular region, disproportionately involve longer-term detentions (under section 3), men, and people with serious mental illnesses. Those detained are likely to experience social difficulties. Changes in legislation are imminent, and the paper concludes that thought should be given to the amount of statutory intervention in the lives of seriously mentally ill people, and to the principle of reciprocity in relation to those coerced for lesser periods. Services should seek to address the issues of social exclusion which are reflected in the circumstances of those detained.     

论程序行政行为的可诉性——以规划环境影响评价公众参与为视角

程序行政行为,原则上不能单独对其提起行政诉讼。何种程序行政行为例外可诉,需要结合个案,对维护行政效能、保障公民程序权利和实体权益等因素综合考量才能确定。规划环境影响评价过程中,公众能否参与以及参与的形式和内容都取决于相关行政主体的程序行政行为。对于此种程序行政行为,在法政策的层面,有许可对其单独提起行政诉讼的必要性;在法解释的层面,对其提起行政诉讼不存在受案范围和原告资格方面的制度障碍。     

历史变迁中美国宪法平等原则的经济观察——从《独立宣言》到《美国宪法》

美国宪法的经济内容在美国历史发展的各个时期演绎出丰富的含义,表现出平等原则的不同价值取向。《独立宣言》强调美洲人民应当平等地享有与英国人同样的权利和自由,表达出平等地进入世界自由贸易和自由市场的迫切要求,以及有产者捍卫既得财产权的坚定决心。《邦联条例》强调各州主权平等之下各州的经济权利。《美国联邦宪法》则为了实现在全国范围内建立统一的经济区域,协调联邦和各州的关系免受狭隘地区主义的破坏,保障经济的平衡发展,进而维护国家安全,在联邦与各州的立法范围上作出分配,其中涉及多项经济财产制度。美国宪法在经济内容含义上的变化对美国的政治法律制度有重要影响。     

Safeguarding Vulnerable Groups Act 2006: the implications for employers in educational settings

Vetting those who work with children and vulnerable adults is an emotive topic and one which can prove a challenging area for employers. The legitimate interest that parents, carers and employers have in screening those charged with the care of others can be in direct conflict with the most fundamental principles of economic freedom and employees’ human rights. The desire to balance these conflicting objectives is at the heart of the Safeguarding Vulnerable Groups Act 2006, which introduces what is being heralded as the most inclusive and comprehensive vetting and barring system to date. The changes dramatically widen the scope of workers who are subject to vetting and barring processes, covering employees, volunteers and contractors in the education, care and health industries, and affecting some 11.3 million people in the UK. This new scheme is of particular relevance and importance to schools and other educational institutions, who will be directly affected by the changes. This article will examine the practical employment implications of the new regime and the new obligations that the Vetting and Barring Scheme creates for both employers and employees.     

浅议英国1986年公司董事资格取消法案在公司治理方面的积极作用

后金融危机时代,公司治理成为热点,而规范公司董事行为是公司治理的重要内容。我国对于失职公司董事的从业禁止条款仅规定在公司法中。在英国,公司董事资格取消法案作为保护公益和商业道德的半惩罚性质的措施,发挥了重要的作用。     

The Economic Consequences of a Hung Parliament: Lessons from February 1974

The British general election on 10 May 2010 delivered Britain's first hung Parliament since February 1974, and in the run‐up, the Conservative party made much of the economic difficulties Britain faced in the second half of the 1970s in order to try and convince voters that anything other than a Tory vote would risk exposing the nation to the discipline of financial markets. The question of how well equipped an exceptional kind of British government is to deal with exceptional economic circumstances is therefore of paramount importance. This paper argues that the Conservative party made too much of the impact of the 1974 hung Parliament in precipitating subsequent economic crisis and suggests that as such, there is no reason to assume that the Conservative–Liberal coalition government is ill‐equipped to manage British economic affairs in difficult circumstances.     

Forensic Identification of Seal Oils Using Lipid Profiles and Statistical Models

Seal blubber oils are used as a source of omega‐3 polyunsaturated fatty acids in Canada but prohibited in the United States and (FA) European Union. Thus, a reliable method is needed to identify oils originating from seals versus fish. Two lipid profiling methods, fatty acid analysis using gas chromatography and triacylglycerol (TAG) analysis using liquid chromatography and mass spectrometry, were applied with statistical models to discriminate commercial oils and blubber samples harvested from marine fish and seals. Significant differences were observed among FA profiles, and seal samples differed from each of the fish oils (p ≤ 0.001). FA and TAG profiles were used to discriminate sample groups using a random forest classifier; all samples were classified correctly as seals versus fish using both methods. We propose a two‐step method for the accurate identification of seal oils, with preliminary identification based on FA profile analysis and confirmation with TAG profiles.     

What Liquidation Does For Secured Creditors, And What It Does For You

This article analyses the liquidation process, challenging the much repeated proposition that secured claimants 'stand outside' liquidation. It is argued that this proposition (i) is a product of a misunderstanding of the dual duality in the nature of liquidation proceedings, in that, in principle, they serve both public and private functions, and they further the interests of both secured and unsecured creditors; (ii) overlooks how secured creditors benefit from liquidation, and also how unsecured creditors have a real interest in the proper administration of their debtor's encumbered assets; (iii) mistakes the secured creditor's choice in usually being able to gain immunity from the liquidation process, for a compulsion to stand exiled from this process; (iv) is incorrect as a matter of history and practice; and (v) is rendered unsustainable by the statutory text. It concludes that secured creditors have never 'stood outside' liquidation, that liquidation is an important tool for the protection of their interests, and that it is right to require floating charge holders to pay their fair share of liquidation expenses.     

《律师法》修订对检察机关的影响和对策

《律师法》修订对检察工作特别是职务侦查和公诉工作产生重大影响。检察机关应当通过积极转变执法理念、转变侦查模式、提高查案能力、加强证据收集等途径来应对变化，提升法律监督能力。