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Author: Hualing Fu Publisher: Hong Kong University Press ISBN: 9789622097322 Category : Law Languages : en Pages : 540
Book Description
There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the government's proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise. Fu Hualing is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. He has an LLB from Southwestern University of Law and Politics (China), an MA from the University of Toronto (Canada) and a doctorial degree from Osgoode Hall Law School (Canada). Carole J. Petersen is an Associate Professor and a former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. She has a BA from the University of Chicago, a JD from Harvard Law School, and a Post-graduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong. Simon N. M. Young is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime. Previously, he was Counsel in the Crown Law Office-Criminal, Ministry of the Attorney General for Ontario, in Toronto, Canada. He obtained his LLB from the University of Toronto and his LLM from Cambridge University. “This collection of essays on the saga of Hong Kong’s efforts to address the mandate of Article 23 in the Basic Law of the Hong Kong Special Administrative Region and related matters is likely to be an extremely useful resource for a number of audiences. These include those directly engaged with the issue of legislation and policymaking in Hong Kong in both public institutions and in the community; those who have an interest in the development of Hong Kong’s political and legal system and its relationship to the system of Mainland China; and those with an interest in national security and anti-terrorism legislation more generally, from a comparative perspective. The overall quality and range of the contributions is strong. The topic itself is a current and important one, and the collection is an important contribution to the field.” — Andrew Byrnes, Professor of Law, Australian National University “The debate on legislation to ensure the sovereignty and security of the PRC against threats from Hong Kong was a turning point in the Special Administrative Region’s political history. It showed that while some Hong Kong residents may have reservations about democracy, human rights are cherished by almost all. It also showed that people can influence policy even without formal institutions of democracy. The authors of this book played a leading role in the debate, clarifying the legal issues, which was critical to an informed debate.” — Yash Ghai, Sir Y.K. Pao Professor of Public Law, University of Hong Kong
Author: Hualing Fu Publisher: Hong Kong University Press ISBN: 9789622097322 Category : Law Languages : en Pages : 540
Book Description
There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the government's proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise. Fu Hualing is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. He has an LLB from Southwestern University of Law and Politics (China), an MA from the University of Toronto (Canada) and a doctorial degree from Osgoode Hall Law School (Canada). Carole J. Petersen is an Associate Professor and a former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. She has a BA from the University of Chicago, a JD from Harvard Law School, and a Post-graduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong. Simon N. M. Young is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime. Previously, he was Counsel in the Crown Law Office-Criminal, Ministry of the Attorney General for Ontario, in Toronto, Canada. He obtained his LLB from the University of Toronto and his LLM from Cambridge University. “This collection of essays on the saga of Hong Kong’s efforts to address the mandate of Article 23 in the Basic Law of the Hong Kong Special Administrative Region and related matters is likely to be an extremely useful resource for a number of audiences. These include those directly engaged with the issue of legislation and policymaking in Hong Kong in both public institutions and in the community; those who have an interest in the development of Hong Kong’s political and legal system and its relationship to the system of Mainland China; and those with an interest in national security and anti-terrorism legislation more generally, from a comparative perspective. The overall quality and range of the contributions is strong. The topic itself is a current and important one, and the collection is an important contribution to the field.” — Andrew Byrnes, Professor of Law, Australian National University “The debate on legislation to ensure the sovereignty and security of the PRC against threats from Hong Kong was a turning point in the Special Administrative Region’s political history. It showed that while some Hong Kong residents may have reservations about democracy, human rights are cherished by almost all. It also showed that people can influence policy even without formal institutions of democracy. The authors of this book played a leading role in the debate, clarifying the legal issues, which was critical to an informed debate.” — Yash Ghai, Sir Y.K. Pao Professor of Public Law, University of Hong Kong
Author: President's Review Group on Intelligence and Communications Technologies, The Publisher: Princeton University Press ISBN: 1400851270 Category : Political Science Languages : en Pages : 287
Book Description
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Author: Bychawska-Siniarska, Dominika Publisher: Council of Europe ISBN: Category : Political Science Languages : en Pages : 124
Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author: Lee C. Bollinger Publisher: Oxford University Press ISBN: 0197519385 Category : LAW Languages : en Pages : 385
Book Description
Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J. Adler and Bruce D. Brown -- What we owe whistleblowers / Jameel Jaffer -- The long, (futile?) Fight for a federal shield law / Judith Miller -- Covering the cyberwars : the press vs the government in a new age of global conflict / David Sanger -- Outlawing leaks / David A. Strauss -- The growth of press freedoms in the United States since 9/11 / Jack Goldsmith -- Edward Snowden, Donald Trump, and the paradox of national security whistleblowing / Allison Stanger -- Information is power : exploring a constitutional right of access / Mary-Rose Papandrea -- Who said what to whom / Cass R. Sunstein -- Leaks in the age of Trump / Louis Michael Seidman the report of the commission, Lee C. Bollinger, Eric Holder, John O. Brennan, Ann Marie Lipinski, Kathleen Carroll, Geoffrey R. Stone, Stephen W. Coll -- Closing statement / Lee C. Bollinger and Geoffrey R. Stone.
Author: Mark Fallon Publisher: Simon and Schuster ISBN: 1942872801 Category : History Languages : en Pages : 240
Book Description
The book the government doesn’t want you to read. President Trump wants to bring back torture. This is why he’s wrong. In his more than thirty years as an NCIS special agent and counterintelligence officer, Mark Fallon has investigated some of the most significant terrorist operations in US history, including the first bombing of the World Trade Center and the 2000 attack on the USS Cole. He knew well how to bring criminals to justice, all the while upholding the Constitution. But in the aftermath of September 11, 2001, it was clear that America was dealing with a new kind of enemy. Soon after the attacks, Fallon was named Deputy Commander of the newly formed Criminal Investigation Task Force (CITF), created to probe the al-Qaeda terrorist network and bring suspected terrorists to trial. Fallon was determined to do the job the right way, but with the opening of Guantanamo Bay and the arrival of its detainees, he witnessed a shadowy dark side of the intelligence community that emerged, peddling a snake-oil they called “enhanced interrogation techniques.” In Unjustifiable Means, Fallon reveals this dark side of the United States government, which threw our own laws and international covenants aside to become a nation that tortured—sanctioned by the highest-ranking members of the Bush Administration, the Army, and the CIA, many of whom still hold government positions, although none have been held accountable. Until now. Follow along as Fallon pieces together how this shadowy group incrementally—and secretly—loosened the reins on interrogation techniques at Gitmo and later, Abu-Ghraib, and black sites around the world. He recounts how key psychologists disturbingly violated human rights and adopted harsh practices to fit the Bush administration’s objectives even though such tactics proved ineffective, counterproductive, and damaging to our own national security. Fallon untangles the powerful decisions the administration’s legal team—the Bush “War Counsel”—used to provide the cover needed to make torture the modus operandi of the United States government. As Fallon says, “You could clearly see it coming, you could wave your arms and yell, but there wasn’t a damn thing you could do to stop it.” Unjustifiable Means is hard-hitting, raw, and explosive, and forces the spotlight back on to how America lost its way. Fallon also exposes those responsible for using torture under the guise of national security, as well as those heroes who risked it all to oppose the program. By casting a defining light on one of America’s darkest periods, Mark Fallon weaves a cautionary tale for those who wield the power to reinstate torture.
Author: Jan Oster Publisher: Cambridge University Press ISBN: 1316300706 Category : Law Languages : en Pages : 337
Book Description
Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.
Author: National Defense University (U S ) Publisher: Government Printing Office ISBN: Category : Business & Economics Languages : en Pages : 132
Book Description
On August 24-25, 2010, the National Defense University held a conference titled “Economic Security: Neglected Dimension of National Security?” to explore the economic element of national power. This special collection of selected papers from the conference represents the view of several keynote speakers and participants in six panel discussions. It explores the complexity surrounding this subject and examines the major elements that, interacting as a system, define the economic component of national security.
Author: National Research Council Publisher: National Academies Press ISBN: 0309134005 Category : Computers Languages : en Pages : 450
Book Description
Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
Author: Hualing Fu
Author: Hualing Fu
Author: President's Review Group on Intelligence and Communications Technologies, The
Author: Bychawska-Siniarska, Dominika
Author: 
Author: Lee C. Bollinger
Author: Mark Fallon
Author: Jan Oster
Author: National Defense University (U S )
Author: National Research Council
Author: American Library Association