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This chapter articulates the central argument (why a new legal form for social enterprises in India, Malaysia, Hong Kong, and Singapore is needed and what it should entail); explains why the four Asian jurisdictions are selected as case studies; and examines the purposes of social enterprises and their two main business models. The chapter then provides an overview of social enterprises in the four Asian jurisdictions including: their operating domains, the drivers of the development of social enterprises, the challenges faced by them, the three main conflicts of interests afflicting them, and the legal forms used by social enterprises. Importantly, the chapter shows that the legal forms available to or used by social enterprises in the four Asian jurisdictions are unable to properly address the conflicts of interests, and thus, a new legal form is required.
Social enterprises are regarded as a vital solution to the pressing problem of socio-economic inequality and play a crucial role in the delivery of public goods and services. Ernest Lim argues that social enterprises in four leading Asian jurisdictions – India, Hong Kong, Singapore and Malaysia – should have a new legal form. This entails advancing a nuanced and comprehensive framework consisting of five criteria: (1) corporate purpose; (2) directors' duties; (3) decision-making powers; (4) reporting, impact measurement and certification; and (5) distribution of dividends, assets, and tax benefits. This invaluable work demonstrates that the existing legal forms in common law Asia, the UK and the US do not properly address the various conflicts of interest affecting social enterprises. An essential read for those interested in understanding and evaluating the laws and regulations on social enterprises, as well as designing and implementing creative ones to protect and promote these important businesses.
East Asia had incorporated Western music well before dodecaphony was introduced. Its foray into atonality and dodecaphony is unsurprising. Japan, as the first country to fully embrace Westernisation, played a major role. Developments of dodecaphony in China and Korea were connected to Japan through an active network of ideas, print media, and movement of people in the region. Despite their shared resources, however, wars and politics determined whether or not (and when) composers in different East Asian countries had the liberty to explore dodecaphony. China was close to developing dodecaphonic compositions before being stopped after the founding of Communist China in 1949. The post-Mao introduction of dodecaphony, led by Luo Zhongrong, was a late ‘arrival’. Japanese composers’ initial enthusiasm for dodecaphony did not gain in significance. Yoritsune Matsudaira and Joji Yuasa were representative. In Korea, led by Isang Yun and Sukhi Kang, serialism was employed thoughtfully by several generations of composers throughout their creative output.
This chapter defines serialism in terms of dodecaphonic technique, beginning with a discussion of the role of analysis in relationship to performance. Whilst Webern’s Variations op. 27 have been the subject of exhaustive analysis by other commentators, the present discussion takes a somewhat different approach, considering the interpretive insights gained by a study of sketch material. The composer’s drafts are examined in relation to the published score for their potential to enrich the performer’s perceptions. The second part of the chapter traces the movement to integral serialism in the post-war period, and the challenges of ‘pointillist’ scores with their profusion of agogic and dynamic marks, which leave seemingly little scope for interpretation in the traditional sense. The contributions of Boulez and Stockhausen to the piano repertoire are considered, and a discussion of the role of the interpreter in indeterminate scores of the period occupies the final section of the chapter.
Drawing on a qualitative study of Hong Kong's Women's Commission (‘WoC’), this article examines how institutional mechanisms for the advancement of women function in a hybrid regime that includes both democratic and authoritarian elements. Hong Kong has a rights-based legal framework and equality agencies that support the operation of equality laws and policies. Paradoxically, Hong Kong's political system is non-democratic, and Beijing's Central People's Government is exerting more direct control on the territory. Grounded in qualitative interviews conducted with WoC members, non-governmental organisations, and scholars in Hong Kong, this article concludes that the WoC's full institutional potential in drawing attention to gender inequalities has not been realised. The implementation of authoritarian governance practices also has implications for the WoC's composition and agenda and may inhibit the development of progressive gender equality strategies to advance the status of women.
The implementation of consistent and continuous biodiversity survey efforts over a long period of time is imperative to the examination of temporal diversity patterns and the evaluation of existing conservation measures' effectiveness. In Hong Kong, a marine biodiversity hotspot in the South China Sea, reef fish diversity has been poorly documented due to inconsistent and sparse biodiversity surveys, posing considerable challenges to long-term monitoring of biodiversity dynamics. To fill in the data gap, regular scuba underwater visual surveys were conducted across 55 dive sites in Hong Kong during the wet seasons from 2018–2021. After ~3171 hours of underwater survey, 31 reef fish species from 14 families that are new to Hong Kong have been recorded, including species from Acanthuridae, Chaetodontidae, Diodontidae, Gobiidae, Labridae, Mullidae, Nemipteridae, Pinguipedidae, Pomacanthidae, Pomacentridae, Ptereleotridae, Solenostomidae, Tetraodontidae and Tetrarogidae. As Hong Kong sits within the natural distribution range of the newly recorded species, the possibility of artificial release was eliminated after careful consideration. These species were all found outside the currently established Marine Protected Areas (MPAs) in Hong Kong, indicating the need for comprehensive research to identify potential marine reef fish hotspots in areas that are unprotected thus far. Our findings demonstrate the need to establish a long-term monitoring programme that can fill in data gaps of local marine biodiversity to enable the establishment of effective MPAs, and to lay down a baseline for future research and monitoring, so as to safeguard Hong Kong's marine biodiversity in the long term.
Hong Kong currently lacks both a statute and local case law clarifying the legal status of advance directives, although a legislative framework has recently been proposed by the government. This chapter begins by tracing the development of advance directives in Hong Kong, leading up to the government’s legislative proposal. After a detailed discussion of this proposal, we consider the legal obstacles that must be overcome for advance directive legislation to be successfully introduced in Hong Kong, including deficiencies in mental capacity law. We then explore the local practice of advance directives, as well as the sociocultural values and influences that shape this practice, and the practical challenges in promoting wider use of advance directives in Hong Kong.
This article investigates the unique contribution of specific programme characteristics together with personal stigma, stigmatisation by the public, and claims stigma, to the non-take-up of targeted income support among Hong Kong older adults. Drawing on data from a sample of 3,299 Hong Kong older adults aged 65 or above, we find that between 11-14 per cent of eligible participants did not receive cash transfers from Normal and Higher Old Age Living Allowance (OALA) and old-age Comprehensive Social Security Assistance (old-age CSSA). By combining mainstream economic analysis with attempts to quantify welfare stigma (Baumberg, 2016) we find that transaction costs were most consistently and strongly related to non-take-up of targeted income support; non-take-up of old-age CSSA and Higher OALA but not Normal OALA varied with welfare stigma after controlling for personal and household characteristics of study participants. This article further adds to the literature by examining the effect of recent reforms to asset- and means-tested benefits for the same target population of older adults on take-up in the East Asian context. The article suggests that automatic switching of beneficiaries from Normal OALA to Higher OALA effectively facilitated higher take-up of the latter. The policy implications of these various findings are discussed.
Chapter 6 extends the discussion of multilingual development to the so-called New Englishes as symbolic systems that developed in the former colonial territories and continued to develop after the collapse of the British Empire in the newly created independent polities. More precisely, the focus here lies on outer circle Englishes in the sense of Kachru (1985). The New Englishes are analyzed from the perspective of their surrounding multilingual ecologies and not, as is more customary, in terms of hermetically delineated national varieties of English. On that account, the chapter focuses on recent – and also more historical – multilingual outcomes of globalization where English plays a prominent role, has been incorporated into the local ecologies, interacts with many other languages, and shows or is beginning to show traces of localization or nativization. Case studies include Singapore, Hong Kong, and Dubai. The chapter thus brings together the key issues discussed in the preceding chapters – globalization, migration, urban areas, multilingual advantages or effects, cross-linguistic influence, language acquisition and learning, language policies, identities, and attitudes – and pivots them on contexts of particular prominence.
Informed by autonomist perspectives on precarious work and labour subjectivity, this article discusses the dynamics between autonomy and job precarity. Based on purposive sampling, the qualitative findings, drawn from interviews with precarious workers aged 18–29 years in Hong Kong, reveal tensions among four types of aspirations. First, the desire for achieving freedom and individual ambition in work made the respondents critical of the notion of employment-related stability. Second, a determination to break with mainstream career paths empowered young people to take alternative pathways to new modes of work and life. Third, precarious employment was seen as a stepping stone for realising plans for travel or study. Finally, tolerance of precarity was perceived as a transitional stage in their striving for future stability. However, the findings also show the structured dilemmas experienced by young workers regarding the complex relationship between autonomy and precarity in a neoliberal labour market. Some young workers pursued work–life autonomy, constrained by precarious employment relations, acknowledging and bearing the costs, while some strategically used precarity in individual negotiations with employers to realise their goals. This article analyses young workers’ subjectivity through the lenses of autonomy and age and pushes the boundary of precarity studies beyond an implicit dichotomy between determinism and voluntarism.
To examine the labelling status of trans-fat of pre-packaged foods sold in Hong Kong.
Data from 19 027 items in the 2019 FoodSwitch Hong Kong database were used. Ingredient lists were screened to identify specific (e.g. partially hydrogenated vegetable oil, PHVO) and non-specific trans-fat ingredient indicators (e.g. hydrogenated oil). Trans-fat content was obtained from the on-pack nutrition labels, which was converted into proportion of total fat (%total fat). Descriptive statistics were calculated for trans-fat content and the number of specific, non-specific and total trans-fat ingredients indicators found on the ingredients lists. Comparisons were made between regions using one-way ANOVA and χ2 for continuous and categorical variables, respectively.
A total of 729 items (3·8 % of all products) reported to contain industrially produced trans-fat, with a median of 0·4 g/100 g or 100 ml (interquartile range (IQR): 0·1–0·6) and 1·2 %totalfat (IQR: 0·6–2·9). ‘Bread and bakery products’ had the highest proportion of items with industrially produced trans-fat (18·9 %). ‘Non-alcoholic beverages’ had the highest proportion of products of ‘false negatives’ labelling (e.g. labelled as 0 trans-fat but contains PHVO; 59·3 %). The majority of products with trans-fat indicator originated from Asia (70 %).
According to the labelling ∼4 % of pre-packaged food and beverages sold in Hong Kong in 2019 contained industrially produced trans-fat, and a third of these had trans-fat >2 %total fat. The ambiguous trans-fat labelling in Hong Kong may not effectively assist consumers in identifying products free from industrially produced trans-fat.
This Element introduces Kongish as a translingual and multimodal urban dialect emerging in Hong Kong in recent years and still in the making. Through the lens of translanguaging and linguistic commodification, and using the popular Facebook page Kongish Daily as a case in point, the study outlines the semiotic profile of Kongish. It examines how Kongish communications draw on a full range of performative resources, thriving on social media affordances and a creative-critical ethos. The study then turns to look at how Kongish is commoditized in a marketing context in the form of playful epithets emplaced on locally designed products, demonstrating how the urban dialect is not merely a niche medium of communication on social media, but has become integral to commercial, profit-driven practices. The Element concludes by challenging the proposition that Kongish must be considered a 'variety' of English, arguing instead that it is an innominate term embodying translanguaging-in-action.
How do voters in a developed economy react to political violence at the ballot box? Most of the current literature suggests that a social movement turning violent dampens its support. To this end, we examine the effect of violent clashes and indiscriminate state repression on Hong Kong's 2019 municipal election. Using original geocoded data, we proxy violence and repression by the frequency of police shooting tear gas rounds at protesters. Despite the movement turning in part violent, the presence of indiscriminate state repression reduces regime support. We offer evidence that repression de-mobilized pro-regime voters. We discuss possible explanations behind our findings and how the specificity of political violence may matter in shaping public support in protest movements.
A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all depends on the answer to this question. This paper will study how courts in Hong Kong and Singapore have addressed these difficulties. It argues that three categories of approaches can be discerned in these jurisdictions: class-focused, policy-focused, and justification-focused approaches. It critically evaluates each approach, argues in favour of a justification-focused approach to constitutional equal protection in the context of discrete executive acts, and explores the implications of such an approach for the proper relationship between constitutional equality and administrative law.
This chapter considers dignity as a constitutional value in Hong Kong. The courts have invoked dignity in a small number of cases involving a limited assortment of rights. Overall this use of dignity has been uneven: while it has helped expand the scope of constitutional rights in some circumstances, dignity has functioned more restrictively in others. An examination of this jurisprudence allows for a reflection on debates about the role of dignity in comparative constitutional law more generally. Commentators have queried whether such a vague and imprecise term has any substantive meaning and whether it should be abandoned altogether. The chapter concludes that attention to context can mitigate these concerns about dignity’s indeterminacy and contribute to its development as a holistic constitutional value. The relevant context is both universal and local. It includes dignity’s position as a broad-based foundational principle in international human rights law across civil, political, economic, social, and cultural rights. It also depends on domestic factors such as a jurisdiction’s constitutional framework and empirical realities that impact the realization of dignity.
Older adults have been statistically proved to be at a higher risk of getting severely infected by the coronavirus COVID-19, evoking sweeping narratives of compassionate ageism surrounding them in different discourses. By analysing the media content, scholars from different areas have alerted us about the amplified ageism aroused by the pandemic crisis. However, we are still short of empirical evidence to learn how ageism is constructed in diverse sociocultural contexts in the wake of this global pandemic crisis. This study provides the case of Hong Kong to reflect on how ageism, as a set of social inequalities, is constructed. By examining 814 articles collected from the three most popular newspapers with different political orientations in Hong Kong, this study uses quantitative and qualitative content analysis to examine how older people have been generally represented. Then it further compares how these representations have been influenced by the media's liberal or conservative preferences. Third, it examines the relationship between the political orientation of newspapers and how different forms of ageism are constructed. The findings indicate that despite the liberal or conservative inclination of the three newspapers, they portray the older population as frail, dependent and deprived not only at the biomedical level but in all aspects of life. This study also reveals that the newspapers with a populist inclination in both camps have shown more hostile attitudes in representing compassionate ageism. In contrast, liberal and conservative-leaning media affirmed the government's dominant role in taking full responsibility for caring for the older population. The findings indicate that the polarised ageism frame cannot fully explain the underpinnings of ageism and implied policy processing in different contexts.
The repercussions of the passage and promulgation in Hong Kong of the 2020 National Security Law (NSL) have been global in reach. Hong Kong featured prominently as the Trump Administration in the United States and Beijing teetered on the brink of a new Cold War. The National Security Law marked also a downward spiral in Sino-British relations amidst a wider backlash from, amongst others, the ‘Five Eyes’ alliance nations, comprising the US, the UK, Canada, Australia and New Zealand. This chapter describes the controversy over the 2020 law and the Sino-British exchanges which took place around it, both before and after its passage.
‘In the first place it is instructive to ask how a poet could meet the challenge of representing the population of a city on stage; in the second, this exercise is likely to shed light on the political function of Greek tragedy. More specifically it will shed light on the relationship between tragedy and democracy ? a vexed question in recent years ? for no consideration of democracy in drama can neglect the role of democracy’s central player.’ The issue of having a fully–fledged democratic system in Hong Kong goes close to the heart of the whole Hong Kong issue today.
We used the 2016 Hong Kong Census data and the diagonal reference model to investigate the effects of partners' educational pairings on fertility in Hong Kong. Our findings suggest a negative relationship between couples' educational achievements and their fertility. Moreover, males' educational attainment is more consequential of whether having children or not and both males' and females' educational attainments are determinants of the number of children to raise. In addition, the more educated a wife is relative to her husband, the less likely the couple is to have children. Once these educationally hypogamous couples have at least one child, they tend to have fewer children than their homogamous counterparts. By contrast, couples with a relatively more educated male are more likely to have children and tend to rear more children than those in educationally homogamous marriages.
How did Hong Kong transform itself from a 'shoppers' and capitalists' paradise' into a 'city of protests' at the frontline of a global anti-China backlash? CK Lee situates the post-1997 China–Hong Kong contestation in the broader context of 'global China.' Beijing deploys a bundle of power mechanisms – economic statecraft, patron-clientelism, and symbolic domination – around the world, including Hong Kong. This Chinese power project triggers a variety of countermovements from Asia to Africa, ranging from acquiescence and adaptation to appropriation and resistance. In Hong Kong, reactions against the totality of Chinese power have taken the form of eventful protests, which, over two decades, have broadened into a momentous decolonization struggle. More than an ideological conflict between a liberal capitalist democratizing city and its Communist authoritarian sovereign, the Hong Kong story, stunning and singular in its many peculiarities, offers lessons about China as a global force. This title is also available as Open Access on Cambridge Core.