Mainlandization, the ICAC, and the Seriousness Attached by Local Politicians to Corruption in Post-1997 Hong Kong

2017 ◽  
Vol 62 (6) ◽  
pp. 1742-1760
Author(s):  
Li Li ◽  
T. Wing Lo
Keyword(s):  
Hong Kong ◽  
Conflict Of Interest ◽  
Mainland China ◽  
Government Officials ◽  
The Public ◽  
Independent Commission Against Corruption ◽  
Local Politicians ◽  
Perceived Seriousness ◽  
Political Economic ◽  
Independent Commission

To date, few studies have focused on how the public has perceived the effectiveness of the Independent Commission Against Corruption (ICAC). Furthermore, little is known about how the public has assessed the functions of the ICAC during the political-economic convergence between Hong Kong and mainland China since 1997. This study attempts to explore local politicians’ perceptions towards the ICAC in post-1997 Hong Kong. The quantitative data show that the important historical juncture of mainlandization has been politicized in Hong Kong and has deeply influenced the seriousness attached by local politicians to corruption. Moreover, a mediating path of the effect of “Conflict of Interest” on the “Perceived Seriousness of Corruption” has been found, that is, mainlandization is found to have brought about increased levels of conflict of interest among government officials, which has weakened the symbolic anti-corruption function of the ICAC and, in turn, has affected the perceived seriousness attached to corruption.

scholarly journals Justice and Conflict of Interest Quasi Judicial Body – Dental Council in Hong Kong

2020 ◽  
Vol 1 (2) ◽  
pp. 1-3
Author(s):  
Cecilia Young
Keyword(s):  
Hong Kong ◽  
Conflict Of Interest ◽  
Professional Ethics ◽  
Short Communication ◽  
Preliminary Investigation ◽  
Code Of Conduct ◽  
Fair Trial ◽  
Independent Commission Against Corruption ◽  
Independent Commission ◽  
Public Bodies

Dental Councils are Quasi-Judicial Bodies, Declaration of the Conflict of Interest is vital to the fair trial. This short communication discussed the issue regarding the related laws, code of professional ethics and the sample code of conduct for members of public bodies from Independent Commission Against Corruption. A compulsory session for the Declaration of Conflict of Interest is necessary before the Preliminary Investigation and the Hearing.

scholarly journals Human Nature, Justice, and Society: Reinhold Niebuhr in the Chinese Context

2020 ◽  
Vol 77 (3) ◽  
pp. 233-242
Author(s):  
Zhibin Xie
Keyword(s):  
Hong Kong ◽  
Human Nature ◽  
Mainland China ◽  
Reinhold Niebuhr ◽  
Chinese Context ◽  
Public Issues ◽  
The Public ◽  
Christian Perspective ◽  
Chinese Scholars ◽  
Theological Methodology

This issue will bring Niebuhr’s theological methodology into a contextual experiment with the “the reality of human experience” in the Chinese context (which here includes mainland China, Hong Kong, and Taiwan) and see how Niebuhr’s Christian ideas are relevant, receptive, and revisited in that context. The public issues he raised from Christian perspective on human nature, love and justice, and democracy are not only located in his culture and society but also apply to other global contexts, including the Chinese context. This issue consists of four contributions from Chinese scholars and one from an American expert on Niebuhr.

scholarly journals Complaints on abortuses handling: policy recommendations for Hong Kong

2019 ◽  
Vol 22 (1) ◽  
pp. 71-81
Author(s):  
Celine S.M. Cheng ◽  
Amanda P.Y. Lau
Keyword(s):  
Hong Kong ◽  
Design Methodology ◽  
Mainland China ◽  
Ethical Concern ◽  
Policy Recommendations ◽  
Content Type ◽  
The Public ◽  
Hong Kong Sar ◽  
Set Up ◽  
Clinical Wastes

Purpose The purpose of this paper is to review cases about complaints of abortuses handling in Hong Kong, and to further propose policy recommendations to help comfort parents with respect and dignity toward abortuses. Design/methodology/approach There is a systematic review of articles/newspapers related to the practice and regulation of abortuses handling in Hong Kong and overseas countries. Also, point of views among stakeholders are selected from: newspapers, patients’ groups, Hong Kong SAR Government’s websites, radio programmes’ interviews, related organizations’ websites, blogs from legislative councilors and lawyers. Findings Since parents suffered from miscarriage before 24 weeks’ pregnancy are increasingly willing to share their experiences and struggled for arranging a legal funeral for their children, Hong Kong SAR Government is able to understand these parents’ needs and hence set up more “Angel Garden” in both the public and the private cemeteries. Yet, the provision of funeral and cremation services are still not comprehensive. Existing measures from Mainland China and overseas countries to handle abortuses and to provide support for parents are analyzed. More critically, ethical concern on handling abortuses as one of the clinical wastes is further included in the discussion. Originality/value Although all less than 24 weeks’ fetuses cannot be given any Certificate of Stillbirth, respect and dignity can still be presented toward their parents by flexible regulation. After discussing the related measures on handling abortuses from other countries, some of their humane regulations are feasible to be applied to Hong Kong.

Hong Kong unrest runs serious risk of escalation

2019 ◽  
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Content Type ◽  
Mainland Chinese ◽  
The Public ◽  
Public Property ◽  
Chinese Military ◽  
Serious Injuries ◽  
First Time ◽  
The City

Significance The strike is a major escalation of the months-long anti-government protest movement, causing serious economic disruption for the first time and setting a precedent. The government’s suspension of a controversial bill allowing extradition to mainland China has failed to satisfy activists and a significant section of the public. Police today continue to clash with protesters in several locations around the city, resulting in arrests, serious injuries and destruction of public property. Impacts Use of mainland Chinese military riot police is now realistic. The longer protests continue, the more opportunities there are for miscalculation or radical tactics on both sides that deepen animosities. Limited mainland intervention as a last resort still seems more likely than a risky attempt to intimidate using overwhelming force.

TAXATION AND ITS IMPLICATION ON CROSS-BORDER PROFITS OF MANUFACTURING BUSINESSES IN HONG KONG

1996 ◽  
Vol 04 (04) ◽  
pp. 401-415 ◽  
Author(s):  
DANIEL K C CHEUNG ◽  
SAMUEL Y S CHAN ◽  
ISABELLA S K LAM
Keyword(s):  
Hong Kong ◽  
Lower Cost ◽  
Rank Order ◽  
Mainland China ◽  
Negative Association ◽  
Tax Base ◽  
Foreign Investors ◽  
The Public ◽  
Cross Border ◽  
Business Operations

As Hong Kong manufacturers accelerate to shift their operations to China and cease or contract. Their operations in Hong Kong, many of them are taking advantage of the limitation of a source jurisdiction to team up with Chinese companies and escape the Hong Kong tax net. This relocation exercise of their manufacturing base not only allows the Hong Kong manufacturers to enjoy the preferential tax concessions for foreign investors and lower cost of production in mainland China, but also depletes the public coffers to the Hong Kong Government. We therefore postulate two hypotheses: (1) there is a negative association between the business operations in China and those in Hong Kong, and (2) there is a negative association between the business operations in China and the related Hong Kong profits tax liability. A questionnaire survey was carried out to collect data on the level of activities in both China and Hong Kong, in particular data from Hong Kong manufacturers on their Hong Kong profits tax liability. Spearman’s rank-order correlation analysis was used to test the hypotheses. The result supports that the higher the level of business operations in China, the lower the level of business operations in Hong Kong. It also reveals that the higher the level of business operations in China, the lower the related Hong Kong profits tax liability. The issue of tax base erosion is a case for Hong Kong to review its principle of taxing only profits locally generated.

scholarly journals THE TRIPARTITE POLICE COMPLAINTS SYSTEM OF HONG KONG

2014 ◽  
Vol 15 (1-2) ◽  
pp. 119-145 ◽  
Author(s):  
Graham Smith
Keyword(s):  
Hong Kong ◽  
Evidence Base ◽  
Police Force ◽  
Independent Commission Against Corruption ◽  
System A ◽  
Tier System ◽  
The One ◽  
Independent Commission ◽  
Important Evidence

Practitioners define the police complaints system of Hong Kong as a two-tier system. In this article, written at the request of the organisers of a 2014 Symposium, the international reform trend and purposes of police complaints systems are briefly outlined before examination of the Hong Kong system. A different conceptualisation is suggested to the one currently preferred by practitioners. It is observed that three organisations – the Independent Commission Against Corruption, the Complaints Against Police Office of the Hong Kong Police Force, and the Independent Police Complaints Council – share responsibility for handling complaints against the police. It is proposed that a full and comprehensive audit of the powers, duties and responsibilities of the three organisations that comprise this tripartite system, supported by research on the experiences of complainants, would provide an important evidence base for developing the system.

Making Hong Kong companies liable for foreign corruption

2015 ◽  
Vol 22 (1) ◽  
pp. 126-150 ◽  
Author(s):  
Bryane Michael
Keyword(s):  
Hong Kong ◽  
Best Practice ◽  
Law Firms ◽  
Legal Analysis ◽  
Department Of Justice ◽  
Content Type ◽  
Legislative Council ◽  
Independent Commission Against Corruption ◽  
Independent Commission ◽  
The Way

Purpose – The purpose of this article is to assess the extent to which Hong Kong’s laws deter its companies from engaging in corruption and bribery abroad. Design/methodology/approach – A mix of economics, public administration, management and legal analysis was used to assess weaknesses in Hong Kong’s laws governing the prohibition of bribe payments abroad. Findings – Hong Kong does not explicitly criminalise corporate bribery abroad. Companies – as legal persons – can not be found guilty of corruption. It is argued that Hong Kong’s Legislative Council should amend various laws to modernise Hong Kong’s approach to tackling corruption committed by its companies abroad. The various approaches lawmakers can take towards assigning responsibility for corruption to companies are presented. The approaches that prosecutors at the Department of Justice can take to adopt prosecutorial methods like those used in other upper-income jurisdictions and the ways that Independent Commission Against Corruption (ICAC) can assist in this work are also described. Practical implications – This research has practical findings for Hong Kong’s policymakers, law firms and companies which operate in Hong Kong. For policymakers, we describe legal changes Hong Kong’s legislators will likely make in the years ahead and the preferred ways of engaging in such change. For law firms, we describe the legal changes coming to Hong Kong which legal advisors will need to advise their clients on. For companies, we describe changes that companies operating in Hong Kong will likely need to comply with in the future. Social implications – This paper shows that when Hong Kong adopts best practice in the field of corporate criminalisation, Hong Kong’s role in “exporting” corruption will likely fall. Originality/value – This article describes a set of legal changes which will change the way Hong Kong treats corruption. The literature tends to glamorise Hong Kong’s anti-corruption work. It is shown that its law falls far behind other jurisdictions, as well as how “treating companies like people” in the case of Hong Kong will likely change the way Hong Kong’s prosecutors think about crime and criminal perpetrators.

scholarly journals Tackling COVID-19 risk in Hong Kong: Examining distrust, compliance and risk management

2021 ◽  
pp. 001139212199002
Author(s):  
Raymond KH Chan
Keyword(s):  
Decision Making ◽  
Hong Kong ◽  
Preventive Measures ◽  
Mainland China ◽  
Decision Making Process ◽  
Protective Measures ◽  
The Public ◽  
Self Help ◽  
Medical Facilities ◽  
The Government

Proximity to mainland China places Hong Kong at the forefront of the COVID-19 threat, and it has survived the test most of the time. It appears that public compliance with government advice on preventive measures and social distancing, plus the availability of tests and medical facilities, contributed to the successful handling of the crisis. While it is generally believed that trust is crucial for successful compliance and collaboration, a critical review of the case of Hong Kong shows that it was distrust, due to a lack of confidence and skepticism with regard to the government’s values, that caused the public to take early self-protective measures and initiated societal-wide self-help campaigns. Their compliance was actually with measures that the public themselves had demanded and agreed. The government was criticized for doing too little, too late; as well as for failing to put local people’s interests first, and acting for political motives. Despite the success in combating the virus, the government did not enjoy a proportionate gain in trust. This article argues that distrust in government was very much shaped by the perceived dissimilarity in salient values between the government and the public. A lack of transparency and participation in the decision-making process, as well as a lack of emotional connection with the public, also contributed to the distrust.

One Country, Two Nationalisms: Center-Periphery Relations between Mainland China and Hong Kong, 1997–2016

Modern China ◽  
2017 ◽  
Vol 43 (5) ◽  
pp. 523-556 ◽  
Author(s):  
Brian C. H. Fong
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Joint Declaration ◽  
Basic Law ◽  
One Country Two Systems ◽  
Twentieth Anniversary ◽  
City State ◽  
Political Economic ◽  
High Degree

According to the Sino-British Joint Declaration and Basic Law, Hong Kong was to exercise a high degree of autonomy under the framework of “one country, two systems” after the British handover of its sovereignty to China in 1997. In the initial post-handover period, Beijing adopted a policy of nonintervention in Hong Kong, but the outbreak of the July 1, 2003 protest triggered a subsequent change of policy. Since then, Beijing has embarked on state-building nationalism, adopting incorporation strategies so as to subject Hong Kong to greater central control over the political, economic, and ideological arenas. Ironically, instead of successfully assimilating Hongkongese into one Chinese nation, Beijing’s incorporation strategies are leading to a rise of peripheral nationalism in the city-state and waves of counter-mobilization. This article analyzes mainland–Hong Kong relations on the eve of the twentieth anniversary of the handover and offers insights from an emerging case study that builds upon the nationalism literature.

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