scholarly journals ACADEMIC FREEDOM – RHETORIC OR REALITY?

2012 ◽  
Vol 22 (1) ◽  
pp. 117-141
Author(s):  
Michael J Beloff QC

Academic freedom is a concept that has a particular significance in a University, not least in a University, which, uniquely in a British context, prides itself on its independence from the State. My interest in academic freedom was sparked by a set of instructions received in this instance from the Government of Hong Kong.  The issue in the prospective litigation was relatively simple.  The Department of Education had planned some reforms.  As is no more unusual in Hong Kong than it is in England, the proposals met with vocal opposition from certain academics.  A senior civil servant telephoned the head of the faculty of the Hong Kong institution of Education, the focus of the controversy and – it was asserted and indeed found by a Commission of Inquiry (“the Commission”) established to investigate the affair – suggested that the turbulent teachers be disciplined.

2021 ◽  
Vol 3 (2) ◽  
pp. 20-31
Author(s):  
Husni Mubaroq ◽  
Sohibul Watoni ◽  
Zairotul Hasanah

The concept of decentralization is the authority of the government that is delegated to the regions, including the authority of personnel in accordance with the decentralized functions. The regional head has the task of being a coach of the State Civil Apparatus in the concept of decentralization. There was a case that the Mayor of Probolinggo issued a decree to remove Tutang Heri Aribowo, who served as an Expert Staff at the Regional Secretariat of the City of Probolinggo. The Regional Government as a civil servant coach tends to abuse its authority. This happens because there is the influence of the political elite in giving disciplinary punishment to employees. The author wants to describe the problem in a study that uses descriptive analytical methods, namely descriptions of the facts and characteristics of a particular population or area in a systematic, factual and thorough manner. The data in this study collected materials by means of a library study. This study also uses a normative juridical method with a statutory approach. So that in this study we know the legal basics of this problem. In order to know the proper process and institution related to the case problem. This aims at employee disputes on the right track and there is no arbitrariness by the ASN supervisor. Keywords: Employment Disputes, Authority, Personnel Advisor


2017 ◽  
Vol 13 (1) ◽  
pp. 56-70 ◽  
Author(s):  
Anita Kit-Wa Chan ◽  
Lucille Lok-Sun Ngan ◽  
Anthony K.W. Wong ◽  
W.S. Chan

Purpose Cross-border students – children who are permanent residents of Hong Kong but live on the mainland and travel across the border to school every day – have been an important social, educational and political issue in Hong Kong. Nevertheless, current discussions regarding this issue focus mainly on the group of students whose parents are Chinese residents and seldom examine the wider contribution of social, geo-political, global-economic and policy changes to the phenomenon. These shortcomings have limited the understanding of the role of the state and the varied needs of these child migrants from diverse family backgrounds. This paper aims to address these gaps. Design/methodology/approach It proposes to bring changing border and immigration policies in Hong Kong back into the current analysis and offers a case study of border history. It revisits publications on Hong Kong’s immigration and migration policies, official statistics and government policy papers and (re)constructs the border changes that took place during the period from 1950 to 2013, which led to the rise and complexity of cross-border students. Findings This critical historical review offers two important findings: First, it reveals how the government, through its restrictive and liberalized border regulations, has constrained and produced different types of cross-border families. Second, it shows that cross-border students come from diverse family configurations, which have adopted cross-border schooling as a family strategy. Originality/value These findings underscore the importance of historical perspective, the wider context in migration studies, the centrality of the state in migrant families and a differentiated understanding of child migrants.


2020 ◽  
Vol 18 (2) ◽  
pp. 539-562
Author(s):  
Marco Wan

Abstract In Leung Chun Kwong v. Secretary for the Civil Service, the Hong Kong Court of Final Appeal held that the government unlawfully discriminated against a gay civil servant by refusing to recognize his same-sex marriage—entered into abroad—when considering the granting of local spousal benefits and joint tax assessment. The year before, in QT v. Director of Immigration, the court had ruled against the government for denying the partner of a British lesbian a dependant visa on the basis of her sexual orientation. QT and Leung Chun Kwong are landmarks in the rapidly evolving jurisprudence on same-sex marriage in the territory. This article presents an analysis of the Hong Kong cases relating to gay rights and same-sex marriage. It contends that, even though the need to protect traditional marriage is cited as a reason against marriage equality in many jurisdictions, the claim is particularly problematic in Hong Kong, given the city’s unique marriage history. It draws on the historian Eric Hobsbawm’s notion of “the invention of tradition” to argue that the rhetoric of traditional marriage conjures up an imagined past that displaces a vast and varied set of long-standing marital practices. By exploring government reports and records pertaining to Chinese marriages in colonial Hong Kong, this article then examines these forgotten traditions and demonstrates their significance for understanding the marriage equality debate in the territory in our own time.


1979 ◽  
Vol 7 (3) ◽  
pp. 59-61

Because of the need to establish clearly the Department’s co-ordinating responsibilities in relation to both Commonwealth functional departments and State governments, the Department’s functional statement in the Administrative Arrangements Order was revised and now reads: The development, in consultation with the Aboriginal people, of national policies directed to the advancement of the Aboriginal people, the administration of those policies, and the co-ordination of programs.A functional statement for Regional Offices was approved. This gives priority to field officers being the means of effective consultation with Aboriginal communities, keeping the Government informed of the state of affairs in Aboriginal communities, and stimulating, co-ordinating and monitoring the activities of all agencies providing services to communities.The Department will require officers, both Aboriginal and non-Aboriginal, of rare commitment and versatility to carry out these functions.The Department, with the advice and assistance of the Commonwealth Department of Education, is concerned to ensure that, at all levels of education, opportunities and programs are available to Aboriginals which are appropriate to their needs and in no way inferior to those available to the general community.


Author(s):  
Gabriel Donleavy ◽  
Kuan-Cheng Chen

The universities in Hong Kong grew to have strong autonomy and academic freedom within the British tradition of the state-contracted university. China is now subtly pressuring them to conform to the Chinese HE ideal of the state-controlled hollow type. Tensions result as the incremental adjustments have been perceived by many scholars as subversive. In China a dual leadership system protects both the academic and the Party interests. In Hong Kong such a formula would appear to be in the making over time. There are different implications for the utilitarian sciences and potentially political humanities. The loss of societal openness in Hong Kong is matched by another form of hollowing in the West, where market-funded consumer-driven ‘skills factories’ now host a contest between traditional scholarship and managerialism.


Troublemakers ◽  
2018 ◽  
pp. 41-62
Author(s):  
Stephen Crossley

This chapter explores the development of the ‘troubled families’ discourse, starting in the early years of the coalition government that was formed in 2010. It details the shift from the localist approach of Whole Place Community Budgets and the Big Society Working Families Everywhere project to the local authority-led Troubled Families Programme. The role of the 2011 riots in England in shifting the government discourse and opening a policy window for a more robust interventionist approach is fully explored, with ‘compassionate Conservatism’ giving way to a more muscular policy programme following the disturbances. The chapter also analyses the establishment of the TFP in its first phase along with the role of Louise Casey, the charismatic senior civil servant in charge of it.


Author(s):  
Supadi Supadi ◽  
Thohir Luth ◽  
Iwan Permadi ◽  
Imam Kuswahyono

Legal consequences of conflict of norm, the norms in Article 8 of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 with Islamic Law, cause the different treatment before the law/ discrimination which causes injustice between ex-husband who works as civil servant and those who works not as civil servant. The objective of this study is to examine the ratio legis of the Government Regulation No. 10 of 1983 regarding an obligation to distribute salary from ex-husband who works as a civil servant to ex-wife after divorce. There are 4 (four) types of approaches utilized in this study: philosophical approach, statute approach, historical approach, and case approach. The ratio legis of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 concerning the obligation to distribute salary from ex-husband who works as civil servant to ex-wife after divorce is because of the position of civil servants as the elements of the state apparatus, the state servants, and the public servants are required to provide examples to the community in marriage and divorce. However, the regulation of the obligation to distribute salary from ex-husband who works as a civil servant to ex-wife after divorce until the ex-wife is married again does not reflect the principle of justice and balance.


2000 ◽  
pp. 20-25
Author(s):  
O. O. Romanovsky

In the second half of the nineteenth century, the nature of the national policy of Russia is significantly changing. After the events of 1863 in Poland (the Second Polish uprising), the government of Alexander II gradually abandoned the dominant idea of ​​anathematizing, whose essence is expressed in the domination of the principle of serving the state, the greatness of the empire. The tsar-reformer deliberately changes the policy of etatamism into the policy of state ethnocentrism. The manifestation of such a change is a ban on teaching in Polish (1869) and the temporary closure of the University of Warsaw. At the end of the 60s, the state's policy towards a five million Russian Jewry was radically revised. The process of abolition of restrictions on travel, education, place of residence initiated by Nicholas I, was provided reverse.


2004 ◽  
pp. 42-65 ◽  
Author(s):  
A. Radygin

The paper deals with one of the characteristic trends of the 2000s, that is, the government's property expansion. It is accompanied by attempts to consolidate economic structures controlled by the state and state-owned stock packages and unitary enterprises under the aegis of holdings. Besides the government practices selective severe enforcement actions against a number of the largest private companies, strengthens its control over companies with mixed capital and establishes certain informal procedures of relationships between private business and the state. The author examines the YUKOS case and the business community's actual capacity to protect its interests. One can argue that in all likelihood the trend to the 'state capitalism' in its specific Russian variant has become clearer over 2003-2004.


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