Ex-chief justice stands up for judicial reviews

http://www.thestandard.com.hk/news_detail.asp?we_cat=4&art_id=164226&sid=45754368&con_type=1&d_str=20151215&fc=2

 

Tuesday, December 15, 2015

Hong Kong’s first chief justice after the handover, Andrew Li Kwok-nang, has refuted suggestions the judicial review process is being abused, saying reviews should not be seen as being a “nuisance” for the government.

Retired Court of Final Appeal judge Henry Litton last week criticized Umbrella Movement student leader Yvonne Leung Kai- kwok for her application earlier this year for a judicial review to challenge the government’s political reform package. He described it as “simply grandstanding that should be roundly condemned.”

However Li, who served as chief justice from 1997 to 2010, wrote in a commentary the legal system prevents the abuse of judicial reviews as they require court permission before commencing.

 

 

Li agreed judicial reviews may be “an inconvenience to the public authority” as they often take time, expense and delay the implementation of decisions, but “convenience and justice are sometimes not on speaking terms” under the rule of law.

Legal sector legislator and Civic Party member Dennis Kwok Wing-hang agreed with Li that the threshold for a judicial review to be permitted is satisfactory.

“If a person is approved for legal aid, plus the court sees that they have a realistic prospect of winning the case, why should they be banned from the court?” Kwok asked.

But pro-establishment lawmaker Priscilla Leung Mei-fun sided with Litton and said the public has already disregarded judicial reviews that are filed with political motivations.

Li responded to such allegations: “I do not think that attributing improper motives to to the unsuccessful applicants in such cases will contribute to a constructive debate on the matter.”

KINLING LO

Abe says dissolving lower house should not be ruled out

http://www.japantoday.com/category/politics/view/abe-says-dissolving-lower-house-should-not-be-ruled-out

TOKYO —

Prime Minister Shinzo Abe said Monday that dissolving the House of Representatives for a snap general election “should not be ruled out” amid speculation that national elections for both chambers of parliament may be held simultaneously next summer.

“Generally speaking, dissolution (of the lower house) should not be ruled out. But I’m not considering it for now,” Abe said in a speech in Tokyo.

With rumors about a so-called “double election,” lawmakers have been making efforts to correct disparities in the weight of votes in lower house elections in the wake of a Supreme Court ruling in November that the 2014 election was held “in a state of unconstitutionality.”

Referring to the ruling that cited disparities in the weight of votes of up to 2.13-fold, Abe said he “takes it seriously.”

Abe said his governing coalition will increase efforts so that the envisaged electoral reform will become law.

A lower house election was last held in December 2014, with 475 members elected to four-year terms. But a prime minister can call a snap election before their terms expire.

At present, Abe’s Liberal Democratic Party and its coalition partner Komeito control a two-thirds majority in the lower house and a majority in the House of Councillors.

Half of the 242 upper house members will face re-election next summer.

Given the likelihood that Japan will meet its target of boosting the number of foreign tourists to the country to 20 million a year by 2020, the prime minister referred to a new goal of attracting 30 million visitors a year.

Abe said steps to transform Japan into a tourism nation will help vitalize regional economies.

One such measure would be building what he called “corridors for vitalizing local economies,” or linking regions with transportation networks such as shinkansen bullet trains.

Government data show that the number of foreign visitors to Japan this year totaled an estimated 16.32 million as of the end October, already surpassing a record of 13.41 million logged last year.

The number is expected to reach 19 million by the end of 2015.

© KYODO

Feminism and Racism: Harvard Law professor: Most sex assault accusations are against minorities

http://www.washingtonexaminer.com/harvard-law-professor-most-sex-assault-accusations-are-against-minorities/article/2578329

 

Harvard Law professors Jeannie Suk and Janet Halley are outspoken critics of current campus sexual assault policies. One reason for their opposition is that most of the accusations they have seen have been made against minority students.

Suk, writing for the New Yorker, outlined the past “historical bias against victims,” who were not believed, but suggested that bias not be replaced “with the tenet that an accuser must always and unthinkingly be fully believed.” Swinging the pendulum in this way has played right into another crime narrative — the overcriminalization of black men.

“And if we have learned from the public reckoning with the racial impact of over-criminalization, mass incarceration, and law enforcement bias, we should heed our legacy of bias against black men in rape accusations,” Suk wrote. “The dynamics of racially disproportionate impact affect minority men in the pattern of campus sexual-misconduct accusations, which schools, conveniently, do not track, despite all the campus-climate surveys.”

She wrote that she and Halley have both witnessed a majority of sexual assault complaints at their school being lodged against minorities.

This should be troubling — not only to groups like Black Lives Matter and those concerned with racial injustices, but also to those wary of overcriminalization and denying due process.

We’ve seen this scenario play out over and over again in recent years. Far from the stereotype of the white fraternity brother raping an unsuspecting young woman, accused students these days are often minority and foreign students, many accused by white women.

Jameis Winston of Florida State University is a black man who was accused by a white woman. Peter Yu is a Chinese citizen who was accused by a white woman. There was a Syrian student nearly sent back to a country facing a civil war after being accused. Lewis McLeod is an Australian native who lost a job due to his accusation. Paul Nungesser is a German native who was made Public Enemy #1even though he was found not responsible (his accuser is half Asian). Brandon Winston is a black man who was accused by a white girl and a black girl. There are many more examples as well.

Suk calls for an “examination of the racial impact of Title IX bureaucracy,” which is not currently included in the climate surveys required of schools each year. Right now schools don’t have to disclose the racial — or even gender — breakdown of accusations.

White female privilege and the domination of men.

 

 

 

https://archive.is/Hi6GP

 

 

In today’s Modern Patriarchal Society a Privileged White Woman
  1. Will rightly expect to be treated more leniently by the courts than any man committing the same crime.i
  2. Can choose to abort her unborn child, or farm it out for adoption while the child’s father is completely omitted from the decision.ii
  3. Reaps the benefits of affirmative action schemes which allow her access to cheap business loans and female-friendly fellowship programs and grants that give her an unfair advantage over her male competitors.iii
  4. May make false accusations of sexual abuse and most likely get away with the claim, while the man suffers social shame and risks imprisonment and labeling as a sex offender.iv
  5. Will enjoy the physical, emotional and financial support and the offer of free legal advice from female-safe Crisis Centers. Comparable support networks for men who suffer abuse at the hands of women simply do not exist.v
  6. Is allowed to sit or be close to unrelated children and minors in parks and other public spaces while a man who does the same risks falling under the suspicion of pedophilia, and the assumption they are possibly dangerous sexual predators.vi
  7. May call 911 with unfounded claims of physical violence and sexual assault by men and expect the police to blithely believe her claims. Her meager accusation is enough to get the man thrown in jail while her claim is investigated. In cross-gender crimes, it is invariably the man who appears to be guilty until proven innocent.vii
  8. Will probably never see the inside of jail or prison. Unlike 1 in 3 black and brown males.viii
  9. Belongs or belonged to the 60% female majority on campuses across the US and as such is protected by the organizations created solely to provide safe havens, form policies and offer consultations that support her social and psychological requirements. Support groups which deal with ‘male issues’ are still in the infant stages.ix
  10. On any college campus, women who file a sexual assault claim are assumed innocent while men must prove their innocence. Men are punished without proof.x
  11. Will generally not have to fear any consequences for physically abusing her male partner in public. She may hit, slap and scold him while he is socially bound to accept her actions without retaliation.xi
  12. Can rely on help from passers-by if she’s assaulted in public. Privileged White Women enjoy many socially-acceptable safeguards that simply do not apply to her male counterpart.xii xiii
  13. Will regularly play the ‘weaker sex’ card at work. She will ask men to lift heavy objects or to reach to high shelves. Generally speaking, men are more than happy to help. But if one of those men ask that same woman to bring him a cup of coffee, he risks her bringing a charge of sexual harassment against him that could lose him his job.
  14. Controls 85% of America’s spending power and is the coveted target of massive marketing attention. Privileged White Women are the Holy Grail of the modern advertising machine. Men, on the other hand, are often the butt of advertising jokes that pinpoint his lack of intelligence or masculinity.xiv
  15. 58% of America’s workforce are women.xv
  16. Has a 70% chance or more of getting hired for a job as a man, even in STEM.xvi xvii
  17. In her twenties she will earn more than men her age.xviii
  18. Is protected by labor laws that ensure a fair wage and appropriate work conditions.
  19. Can, if she gives birth, demand maternity leave for her husband or same sex partner.
  20. Stands a better chance of opening her own business. Over ten million women in The United States own and operate their own companies and get affirmative action assistance.xix
  21. Will use misandry as a weapon. She will form bonds with her ‘sisters’ and encourage the slander of the male character amidst wild accusations of man’s oppression of women. xx
  22. Has a far greater chance of becoming a Fortune 500 CEO than she did ten years ago. Her appointment may cost the company dearly, but the pressures of today’s patriarchal society dictate that even the largest and most powerful organizations bend with the storm of female occupation.
  23. Implements her superior procedural and policy skills to attain positions of power in large companies.xxi
  24. Can be confident that when she smiles sweetly and flicks her hair, male co-workers will drop everything to do her bidding.
  25. Will expect and usually demand the man picks up the check on a date.xxii
  26. Does not have to fear recriminations against her gender in the unlikely event she is dismissed from her job.
  27. Is far less likely to become the victim of violence or murder, regardless of ethnicity.xxiii
  28. Will very rarely have her femininity questioned if she chooses not to have children or wear ‘girly’ makeup or clothes.
  29. Be considered ‘normal’ if she decides to become one of the 10 million single moms in the US. For a woman to raise a child or children on her own is considered ‘normal’. A single dad however, will generally be regarded as a failed husband or a widow.
  30. Will face less public and media scrutiny if she decides to run for political office. Even that of the President of the United States.
  31. If she’s Canadian, can fully expect to join the privileged group of women who occupy 50% of the top political posts in the country.
  32. Will have received enormous encouragement as a child to strive for any dream or goal she may have.
  33. Has grown up in an environment that glorifies feminization and scolds or punishes boys for not being as well behaved as their opposite gender.xxiv xxv
  34. Can turn on the TV and continuously see her ‘sisters’ well respected and proportionally represented in the News.xxvi
  35. Controls 85% of America’s household budgets.xxvi
  36. Will have a far more varied choice of clothing, hair styles and makeup than men. She will be able to adapt her look to fit her every emotion. From glamorous film diva to Plain Jane.
  37. Usually gets child custody in a divorce. Also financial support from government monies to support herself and her offspring.xxviii
  38. After divorce will freely date other men or partners after a divorce with an eye to finding a new ‘provider’ for her family.xxix
  39. Can, if she chooses, negotiate a division of labor with her partner in marriage and file for a no-fault divorce if at any time, she becomes dissatisfied.xxx
  40. Will enjoy the natural attention bestowed upon her by men. She can expect to be treated like a QUEEN.xxxi xxxii Her wedding day is HER DAY!xxxiii
  41. Will never be expected to lift heavy objects or perform any kind of difficult or dangerous task if there is an able bodied male close by.xxxiv xxxv
  42. Does not need to recognize her female privileges, nor accept criticism thereof. She will consider her White Woman Privilege a birth right, instilled in her from her mother and grandmother and any of her other female relatives and friends. As boys growing up under the watchful eye of their patriarchal mothers, men can expect a completely different treatment.xxxvi
The age of the Privileged White Woman is upon us