Faculty & Staff

Carole

J.

Petersen

Professor of Law

Degrees

Postgraduate Diploma in Law of the People's Republic of China, University of Hong Kong, 1994
JD, Harvard Law School, 1984
BA, University of Chicago, 1981

Biography

Carole J. Petersen practiced law for five years (in New York City and Honolulu) before moving to Hong Kong in 1989. She taught law in Hong Kong from 1989–2006. She served as the Director of the University of Hong Kong’s Centre for Comparative and Public Law from 2001–2004 and was also active in the University of Hong Kong’s Women’s Studies Research Center. She assisted members of the Hong Kong Legislative Council to draft bills prohibiting discrimination and conducted extensive research on the use of conciliation to resolve complaints of discrimination and sexual harassment. Carole was a Visiting Professor at the William S. Richardson School of Law in the 2006–2007 academic year. From September 2007–July 2021, she held a joint appointment in the Law School and the Matsunaga Institute for Peace and Conflict Resolution, serving as the Institute’s Director (2007–2016) and as its Graduate Chair (2017–July 2021). 

Carole is now a full-time Professor in the Law School, where she teaches International Law; International Protection of Human Rights; Comparative Law; Gender: Law and Conflicts; and Second-Year Seminar. She also advises students who are seeking the Certificate in International Law. Carole’s research focuses on: (1) human rights in Hong Kong and the challenges of implementing “One Country, Two Systems” since reunification with China; and (2) the rights of women and the rights of persons with disabilities under international and domestic law.

Publications


Books and Research Reports

  • Carole J. Petersen, Balancing National Security and the Rule of Law: Article 23 of the Basic Law (Hong Kong Watch 2018), (available at hongkongwatch.org).
  • Jan Currie, Carole J. Petersen, and Ka-Ho Mok, Academic Freedom in Hong Kong (Lexington Books 2006) (192 pages).
  • Randall Peerenboom, Carole J. Petersen, and Albert H. Y. Chen, eds, Human Rights in Asia: A Comparative Legal Study of Twelve Asian Jurisdictions, France, and the United States (Routledge 2006) (592 pages). (Also author of Chapter Seven, pp. 224–64.)
  • Fu Hualing, Carole J. Petersen, and Simon Young, eds, National Security and Fundamental Freedoms: Hong Kong’s Article 23 Under Scrutiny (Hong Kong University Press 2005) (472 pages). (Also author of Introduction and Chapter One, pp. 1–62.)
  • Carole J. Petersen, Janice Fong and Gabrielle Rush, Enforcing Equal Opportunities: Investigation and Conciliation of Discrimination Complaints in Hong Kong (CCPL 2003, 102 pages).
  • Andrew Byrnes and Carole J. Petersen, eds, Hong Kong Equal Opportunity Law – Legislative History Archive 1993-97 (CCPL 1999) (six-volume database and commentary).

Journal Articles and Book Chapters

  • Territorial Autonomy as a Tool of Conflict Resolution? Lessons from “One Country, Two Systems” in Hong Kong, Academia Sinica Law Journal, 2022 Special Issue, 195-243 (available at: https://www.iias.sinica.edu.tw/publication_post/1379/9).
  • Hong Kong’s Rights Reckoning: What We Can Expect from the Human Rights Committee, Volume 2, No. 24 USALI Perspectives (June 9, 2022) (available at: https://usali.org/usali-perspectives-blog/hong-kongs-rights-reckoning).
  • Women’s Rights in Asia, Chapter in Holning Lau, David Law, and Alex Schwartz (eds), Oxford Handbook of Constitutional Law in Asia (Oxford University Press, forthcoming 2022).
  • National Security Law in Hong Kong: Transforming “One Country, Two Systems” as a Model of Regional Autonomy, Chapter in Bui Ngoc Sun, Stuart Hargreaves, and Ryan Mitchell (eds), Routledge Handbook of Constitutional Law in Greater China (Routledge, forthcoming 2022).
  • Academic Freedom in the Shadow of Hong Kong’s National Security Law, in Fu Hualing and Michael Hor (eds), The National Security Law of Hong Kong: Restoration and Transformation (Hong Kong University Press, forthcoming 2022) (co-authored with Kelley Loper).
  • Legal Capacity and the Convention on the Rights of Persons with Disabilities:  An Alternative Framework to Promote Law Reform in Hong Kong and Beyond, 16(2) The Journal of Comparative Law 692-713 (2021) (co-authored with Kelley Loper).
  • Championing Constitutionalism in Difficult Times: The Enduring Works of Professor Albert HY Chen, review article, 51(3) Hong Kong Law Journal 1217-33 (2021).
  • Human Rights and Sanctions: Lessons from Hong Kong, Volume 2, Number 5, USALI Perspectives (October 20, 2021) (available at:  https://usali.org/usali-perspectives-blog/sanctions-and-human-rights-lessons-from-hong-kong).
  • Hong Kong’s First Conviction for Incitement to Secession: What Role for the International Covenant on Civil and Political Rights? Volume 25, Issue 12, ASIL Insights (American Society of International Law, October 13, 2021 (available at: https://www.asil.org/insights/volume/25/issue/22).
  • Wounded but Not Dead, Volume 1, Number 21 USALI Perspectives (May 6, 2021) (available at: https://usali.org/usali-perspectives-blog/wounded-but-not-dead).
  • The Disappearing Firewall: International Consequences of Beijing’s Decision to Impose a National Security Law and Operate National Security Institutions in Hong Kong, 50 Hong Kong Law Journal 633-656 (2020).
  • Article 23 of the Hong Kong Basic Law: International Law and Institutions as Sources of Resilience, Chapter 13 (pp 231–249) in Cora Chan and Fiona De Londras (eds), China’s National Security: Endangering Hong Kong’s Rule of Law? (Hart/ Bloomsbury, 2020).
  • Daisy Cheung, Michael Dunn, Elizabeth Fistein, Peter Bartlett,  John McMillan, and Carole J. Petersen, Articulating Future Directions of Law Reform for Compulsory Mental Health Admission and Treatment in Hong Kong, 69 International Journal of Law and Psychiatry 101513 (2020).
  • Carole J. Petersen, Not an Internal Affair: Hong Kong’s Right to Autonomy and Self-Determination Under International Law, 49(3) Hong Kong Law Journal 883-904 (2019)
  • Carole J. Petersen, Reproductive Autonomy and Laws Prohibiting “Discriminatory” Abortions: Constitutional and Ethical Challenges, 96 University of Detroit Mercy Law Review  605-626 (2019). HeinOnline | ScholarSpace
  • Carole J. Petersen, Prohibiting the Hong Kong National Party: Has Hong Kong Violated the International Covenant on Civil and Political Rights? 48 Hong Kong Law Journal 789-805 (2018). HeinOnline | ScholarSpace
  • Carole J. Petersen, Big Data, Health Care, and International Human Rights Norms 11(1) Asia Pacific Journal of Health Law, Policy & Ethics 1-22 (December 2017). HeinOnline | ScholarSpace
  • Carole J. Petersen and Alvin Y. H. Cheung, Academic Freedom and Critical Speech in Hong Kong: China’s Response to Occupy Central and the Future of ‘One Country, Two Systems,’ 42 North Carolina Journal of International Law 665-727 (2017). HeinOnline | SSRN | ScholarSpace
  • Carole J. Petersen, Promoting the Rights of Older Persons: Addressing Adult Guardianship and Substituted Decision-Making in Health Care, 10(1) Asia Pacific Journal of Health Law, Policy & Ethics 41-70 (2016). HeinOnline | ScholarSpace
  • Carole J. Petersen, International Law and the Rights of Gay Men in Former British Colonies: Comparing Hong Kong and Singapore, 46 Hong Kong Law Journal 109-129 (2016).  HeinOnline
  • Carole J. Petersen, Addressing Violations of Human Rights in Forensic Psychiatric Institutions: Philosophical and Strategic Debates, Proceedings of the One Hundred Ninth annual Meeting of the American Society of International Law 80-3 (2016). HeinOnline | ScholarSpace
  • Carole J. Petersen, Eradication of Child Sex Trafficking: the International Perspective, in Katherine Lynch and Anne Scully-Hill (eds), International Perspectives on Disputes About Children and Child Protection, Volume II, pp. 103–33 (Chinese University of Hong Kong Press 2015).
  • Carole J. Petersen, Sex Work, Migration, and the United States Trafficking In Persons Report: Promoting Rights or Missing Opportunities for Advocacy? 25 Indiana International & Comparative Law Review 115 (2015). HeinOnline | ScholarSpace
  • Carole J. Petersen, Reproductive Justice, Public Policy, and Abortion on the Basis of Fetal Impairment: Lessons from International Human Rights Law and the Potential Impact of the Convention on the Rights of Persons with Disabilities, 28 Journal of Law and Health 121 (2015). HeinOnline | ScholarSpace
  • Carole J. Petersen and Kelley Loper, Equal Opportunities Law Reform in Hong Kong: The Impact of International Norms and Civil Society Advocacy, in Michael Tilbury, Simon N.M. Young, and Ludwig Ng (eds.), Reforming Law Reform: Perspectives on Law Reform Processes in Hong Kong and Beyond (HKU Press, 2014).
  • Carole J. Petersen, The Convention on the Rights of Persons with Disabilities: Using International Law to Promote Social and Economic Development in the Asia Pacific, 35(2) University of Hawaiʻi Law Review (2013). HeinOnline
  • Carole J. Petersen, Sexual Orientation and Gender Identity in Hong Kong: A Case for the Strategic Use of Human Rights Treaties and the International Reporting Process, 14(2) Asian-Pacific Law & Policy Journal 28-83 (2013). HeinOnline | ScholarSpace
  • Carole J. Petersen, Preserving Traditions or Breaking the Mold? A Comparative Study of the Impact of Transnational Human Rights Processes in the People’s Republic of China and the Hong Kong Special Administrative Region, in Kyriaki Topidi and Lauren Fielder, eds., Transnational Legal Processes and Human Rights (Ashgate Publishing Ltd. 2013).
  • Carole J. Petersen and Susan M. Chandler, Sex Offender Registration and the Convention on the Rights of the Child: Legal and Policy Implications of Registering Juvenile Sex Offenders, 3(1) William & Mary Policy Review 1- 35 (2011). HeinOnline | ScholarSpace
  • Carole J. Petersen, Bridging the Gap? The Role of Regional and National Human Rights Institutions in the Asia Pacific, 13(1) Asian-Pacific Law & Policy Journal 174-209 (2011). HeinOnline | ScholarSpace
  • Carole J. Petersen, Gender Diversity and Human Rights Treaty Bodies: Is there a Role for the Committee on the Rights of Persons With Disabilities? Chapter in Alexander Schuster, ed., Equality and Justice: Sexual Orientation and Gender Identity in the XXI Century, pp. 161–176 (Editrice Universitaria Udinese, Italy 2011).
  • Carole J. Petersen, International Norms and Domestic Law Reform: The Difficult Birth of Hong Kong’s Racial Discrimination Law, 6(2) Directions 13-21 (Canadian Race Relations Foundation 2011).
  • Carole J. Petersen, Population Policy and Eugenic Theory: Implications of China’s Ratification of the United Nations Convention on the Rights of Persons with Disabilities, 8 China: An International Journal 85-109 (2010). SSRN
  • Carole J. Petersen, Inclusive Education and Conflict Resolution: Building a Model to Implement Article 24 of the Convention on the Rights of Persons with Disabilities in the Asia Pacific, 40 Hong Kong Law Journal 481-512 (2010). HeinOnline | ScholarSpace | ScholarSpace
  • Carole J. Petersen, Stuck on Formalities? A Critique of Hong Kong’s Legal Framework for Gender Equality, in Fanny M. Cheung and Eleanor Holroyd, eds., Mainstreaming Gender in Hong Kong Society, pp. 401–439 (Hong Kong: Chinese University Press, 2009).
  • Carole J. Petersen, China’s Ratification of the Convention on the Rights of Persons With Disabilities: the Implications for Hong Kong, 38 Hong Kong Law Journal 611-644 (2008). HeinOnline | SSRN | ScholarSpace
  • Carole J. Petersen and Jan Currie, Higher Education Restructuring and Academic Freedom in Hong Kong, 6(1) The Journal of Comparative Asian Development 143-63 (2007) and 6(5) Policy Futures in Education 589-88 (2008).
  • Robyn Emerton, Karen Joe Laidler, and Carole J. Petersen, Trafficking of Mainland Chinese Women Into Hong Kong’s Sex Industry: Problems of Identification and Response, 2 Asia-Pacific Journal on Human Rights and the Law 35-84 (2007). HeinOnline | ScholarSpace | ScholarSpace
  • Carole J. Petersen, Embracing Universal Standards? The Role of International Human Rights Treaties in Hong Kong’s Constitutional Jurisprudence, in Fu Hualing, Lison Harris, and Simon N. M. Young, eds., Interpreting Hong Kong’s Basic Law: The Struggle for Coherence, pp. 33–53 (New York: Palgrave Macmillan, 2007).
  • Karen Joe Laidler, Carole J. Petersen, and Robyn Emerton, Bureaucratic Justice: The Incarceration of Mainland Chinese Women Working in Hong Kong’s Sex Industry, 51(1) International Journal of Offender Therapy and Comparative Criminology 52-67 (2007).
  • Robyn Emerton and Carole J. Petersen, Filipino Nightclub Hostesses in Hong Kong: An Analysis of Vulnerability to Trafficking and Human Rights Violations, in Kevin Hewison and Ken Young, eds., Transnational Migration and Work in Asia, pp. 126–143 (Routledge 2006).
  • Carole J. Petersen, A Progressive Law with Weak Enforcement? An Empirical Study of Hong Kong’s Disability Law, 25(4) Disability Studies Quarterly (Fall 2005).
  • Carole J. Petersen, Negotiating Respect: Sexual Harassment and the Law in Hong Kong, 7 International Journal of Discrimination and the Law 127-168 (2005). HeinOnline | ScholarSpace
  • Carole J. Petersen, Racial Equality and the Law: Creating an Effective Statute and Enforcement Model for Hong Kong, 34 Hong Kong Law Journal 459-80 (2004). HeinOnline | SSRN | ScholarSpace
  • Carole J. Petersen, Engendering a Legal System: The Unique Challenge of Postcolonial Hong Kong, in Eliza Lee, ed., Gender and Change in Hong Kong: Globalization, Postcolonialism, and Chinese Patriarchy, pp. 23–48 (University of British Columbia Press 2003).
  • Carole J. Petersen, The Paris Principles and Human Rights Institutions: Is Hong Kong Slipping Further Away from the Mark? 33 Hong Kong Law Journal 513-22 (2003).  HeinOnline | ScholarSpace
  • Carole J. Petersen, Recent Developments in Hong Kong Equal Opportunities Law, in Richard Wu and Felix Chan, eds., Law Lectures for Practitioners 2002, pp. 41–66 (Sweet & Maxwell Asia 2003).
  • Carole J. Petersen and Harriet Samuels, The International Convention on the Elimination of All Forms of Discrimination Against Women: A Comparison of Its Implementation and the Role of Non-Governmental Organizations in the United Kingdom and Hong Kong, 26 Hastings International and Comparative Law Review 1-50 (2002). HeinOnline | ScholarSpace
  • Carole J. Petersen, National Security Offences and Civil Liberties in Hong Kong: A Critique of the Government’s ‘Consultation’ on Article 23 of the Basic Law, 32 Hong Kong Law Journal 457-70 (2002). HeinOnline | ScholarSpace | ScholarSpace
  • Carole J. Petersen, The Right to Equality in the Public Sector: An Assessment of Post-Colonial Hong Kong, 32 Hong Kong Law Journal 103-34 (2002). HeinOnline | SSRN | ScholarSpace
  • Carole J. Petersen, Investigation and Conciliation of Employment Discrimination Claims in the Context of Hong Kong, 5 Employee Rights and Employment Policy Journal 627-69 (2001). HeinOnline | ScholarSpace
  • Elaine W. Shoben , Laura J. Cooper , Rosemary C. Hunter, Sara Adler & Carole J. Petersen, Alternative Resolution of Employment Discrimination Claims: American and Australian Experiences: Proceedings of the 2001 Annual Meeting, Association of American Law Schools Section on Employment Discrimination Law, 5 Emp. Rts. & Emp. Pol’y J. 603 (2001). HeinOnline
  • Carole J. Petersen, Preserving Academic Freedom in Hong Kong: Lessons from the ‘Robert Chung Affair’, 30 Hong Kong Law Journal 165-76 (2000). HeinOnline | ScholarSpace
  • Carole J. Petersen, The Failure of the Hong Kong Court of Appeal to Recognise and Remedy Disability Discrimination, 30 Hong Kong Law Journal 6-21 (2000). HeinOnline | SSRN | ScholarSpace
  • Carole J. Petersen, Implementing Equal Pay for Work of Equal Value: A Feminist Perspective, in Proceedings: Equal Pay for Work of Equal Value, pp. 52–69 (Hong Kong Equal Opportunities Commission 2000).
  • Carole J. Petersen, Equal Opportunities: A New Field of Law for Hong Kong, in Raymond Wacks, ed., The New Legal Order in Hong Kong, pp. 595–625 (Hong Kong University Press 1999).
  • Carole J. Petersen, Implementing Equality: An Analysis of Two Recent Decisions Under Hong Kong’s Anti-Discrimination Laws, 29 Hong Kong Law Journal 178-94 (1999). HeinOnlineScholarSpace
  • Carole J. Petersen, Preserving Institutions of Autonomy in Hong Kong: The Impact of 1997 on Academia and the Legal Profession, 22 Southern Illinois University Law Journal 337-68 (1998). HeinOnline | ScholarSpace
  • Carole J. Petersen, Hong Kong’s First Anti-Discrimination Laws and Their Potential Impact on the Employment Market, 27 Hong Kong Law Journal 324-55 (1997). HeinOnline | ScholarSpace
  • Carole J. Petersen, Values in Transition: The Development of the Gay and Lesbian Rights Movement in Hong Kong, 19 Loyola of Los Angeles International and Comparative Law Journal 337-62 (1997). HeinOnline | ScholarSpace
  • Carole J. Petersen, Equality as a Human Right: the Development of Anti-Discrimination Law in Hong Kong, 34 Columbia Journal of Transnational Law 334-88 (1996). HeinOnline | ScholarSpace
  • Carole J. Petersen, No Longer a ‘Tool of the State Plan’?  An Analysis of the 1993 Amendments to China’s Economic Contract Law, 24 Hong Kong Law Journal 416-35 (1994). HeinOnline | ScholarSpace
  • Carole J. Petersen, The Green Paper on Equal Opportunities for Women and Men: An Exercise in Consultation or Evasion? 24 Hong Kong Law Journal 8-16 (1994). HeinOnline
  • Carole J. Petersen, Reproduction and Family Planning: Individual Right or Public Policy?, in Raymond Wacks, ed., Hong Kong, China and 1997: Essays in Legal Theory, pp. 261-305 (Hong Kong University Press, 1993).
  • Carole J. Petersen, The Hong Kong Bill of Rights and Women: A Bait and Switch? in William Fong, Andrew Byrnes, and George Edwards, eds., Hong Kong’s Bill of Rights: Two Years On, pp. 95-113 (Faculty of Law, University of Hong Kong 1993). 

Law Reform Submission

Book Reviews

  • Review of Robin L. West, Re-imagining Justice: Progressive Interpretations of Formal Equality, Rights, and the Rule of Law, 34 Hong Kong Law Journal 667 (2004). HeinOnline
  • Review of Steven Tsang, ed., Judicial Independence and the Rule of Law in Hong Kong, 31 Hong Kong Law Journal 338 (2001). HeinOnline
  • Review of Jill Cottrell, Legal Research: A Guide for Hong Kong Students, 28 Hong Kong Law Journal 127 (1998). HeinOnline
  • Review of Stephen J. Deery and Richard J. Mitchell, eds., Labour Law & Industrial Relations in Asia, 2 The Employment Report, No. 2, 45 (Asian Law Journal 1994).
  • Review of Athena Liu, Artificial Reproduction and Reproductive Rights, 2 Asia Pacific Law Review 125 (1993). HeinOnline
  • Review of Betty Ho, Hong Kong Contract Law, 20 Hong Kong Law Journal 417 (1990). HeinOnline

Legislation and Legislative Proposals

  • Co-author, with Fu Hualing, Kelley Loper, and Simon Young, Group Submission to the Legislative Council, the Department of Justice, and the Security Bureau of the Hong Kong SAR on the National Security (Legislative Provisions) Bill, Centre for Comparative and Public Law Occasional Paper No. 9, May 2003 (in hard-copy and at http://www.hku.hk/ccpl/).
  • Co-author, with Anna Wu, Andrew Byrnes, Adam Mayes, and Eric Chow, Equal Opportunities Bill 1994, published in Hong Kong Government Gazette, Legal Supplement No. 3, pp. 991–1275.
  • Co-author with Anna Wu, Andrew Byrnes, Adam Mayes, and Eric Chow, Human Rights and Equal Opportunities Commission Bill, published in Edwards and Byrnes, eds, Hong Kong’s Bill of Rights: 1991-1994 and Beyond (Faculty of Law, University of Hong Kong 1995), pp 83–140.
  • Co-author, with Anna Wu, Andrew Byrnes, Adam Mayes, and Eric Chow, Equal Opportunities Legislation and a Human Rights Commission for Hong Kong (distributed in Hong Kong as part of a public consultation exercise relating to the legislation listed above, March 1994).

Competitive Grants and Funded Research Projects

  • Principal Investigator, Enforcing Equal Opportunities in Hong Kong: a Study of Investigation, Conciliation, and other Enforcement Mechanisms (funded by the Hong Kong Research Grant Council, approximately US $100,000). Project included a review of 451 complaint files, as well as extensive interviews with complainants, equal opportunities staff, and other stakeholders.
  • Co-investigator, with Robyn Emerton, Trafficking of Women into Hong Kong (funded by in the University of Hong Kong Small Project Funding Programme).
  • Principle Investigator, Migrant Domestic Workers under International and Domestic Law (funded by a private donation).
  • Director, Equality and Law Research Project in the Centre for Comparative and Public Law (an umbrella for a series of research projects on discrimination, funded by a private donation).

Conference Papers

  • “Gender Diversity and Human Rights Treaty Bodies: Is there a Role for the Committee on the Rights of Persons With Disabilities?” LGBTI Rights in the XXI Century, Florence, Italy, May 13, 2011.
  • “The Role of National and Regional Human Rights Institutions in the Asia Pacific Region,” William S. Richardson School of Law & Sydney Law School Inaugural Joint Symposium on Asian Law, University of Hawaii at Manoa, Apr. 15, 2011.
  • “Emerging Human Rights Institutions in the Asia Pacific: The Power of Discourse?,” Association for Asian Studies – ICAS Joint Conference, Honolulu, Hawaii, Apr 3, 2011.
  • “Herstory and History: Gaps in the Literature on Post-Colonial Hong Kong,” Rethinking the Chinese Revolution: 1911 in Global Perspective, Center for Chinese Studies, University of Hawaii at Manoa, Mar. 29, 2011.
  • “Preserving Traditions or Breaking the Mold? Transnational Human Rights Processes in the People’s Republic of China and Hong Kong,” International Workshop on Transnational Legal Processes and Human Rights, Chair of Comparative and Anglo-American Law, School of Law, University of Lucerne, Switzerland, Oct. 19, 2010.
  • “Disability is Political: Implications of China’s Ratification of the CRPD,” International Forum on the Rights of Persons with Disabilities: University of Hawaii at Manoa, Apr. 10, 2010.
  • “Inclusive Education and Alternative Dispute Resolution: Rights and Interests,” Inclusion in Education: the Implementation of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities, University of Hong Kong, Nov. 28, 2009. HeinOnline
  • “Dangers in the System that Purports to Protect: The Situation of Sex Workers and Migrant Domestic Workers,” Violence and Vulnerability: Feminist and Legal Theory/Institute for Developing Nations Workshop, Emory University, Atlanta, Nov. 13, 2009.  ScholarSpace
  • “Trafficking of Mainland Chinese Women into Hong Kong’s Sex Industry”, Trafficking in Persons Research and Data Forum, co-sponsored by the Australian Institute of Criminology and the University of Hong Kong, November 2–4, 2008.
  • “Pay Equity in the United States”, Seminar on Work, Income and Gender Equity, co-sponsored by the International Labour Office, the Ministry of Labour of the People Republic of China, and the All China Women’s Federation, Beijing, May 12–13, 2008.
  • “One Country, Two Approaches to Disability Rights: An Analysis of Mainland China and Hong Kong”, 24th Annual PacRim Conference, University of Hawaii Center on Disability Studies, Honolulu, April 15, 2008.
  • “Disability Law and Policy in Asia: Will the International Treaty Promote Progress?”, Society for Disability Studies 20th Annual Conference, Seattle, Washington, May 31, 2007.
  • “How Many Clauses Does it Take to Define Discrimination? A Comparison of the Racial Discrimination Bill with Existing Legislation”, Conference on Hong Kong’s Race Discrimination Bill, Centre for Comparative and Public Law, University of Hong Kong, March 31, 2007.
  • “Elements of Federalism? The Implementation of the One Country Two Systems Model in Hong Kong,”2005 Annual Meeting of the American Society of Comparative Law: Multiple Sovereignties: Federalism in the 21st Century, East-West Center and William S. Richardson School of Law, University of Hawaii, Honolulu, October 27–29, 2005.
  • “Judicial Application of the Convention on the Elimination of All Forms of Discrimination against Women and the Potential for Backlash,” Global Consultation on the Ratification and Use of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, Kuala Lumpur, Malaysia, August 27–30, 2005.
  • “Conciliating Rights: A Study of Hong Kong’s Enforcement Model for Equality Rights,” Socio-Legal Studies Association Annual Conference 2005, University of Liverpool, England, April 1, 2005.
  • “Political Empowerment of Women: The Hong Kong Experience,” NGO Panel Discussion hosted by the Korean Institute for Women and Politics, in conjunction with the Review and Appraisal of the Bejing Declaration and Platform for Action: 49th Session of the Commission on the Status of Women, United Nations, New York City, March 2, 2005.
  • “Racial Equality and the Law: Creating an Effective Statute and Enforcement Model for Hong Kong,” Legislating Against Racial Discrimination: Response to the Government’s Consultation Document, Centre for Comparative and Public Law, January 22, 2005 (revised version published and listed above).
  • “Human Rights in Hong Kong”, Human Rights in Asia, the United States, and France: A Comparative Empirical Study of Values, Institutions, and Practices, University of Hong Kong and City University of Hong Kong, May 14–15, 2004 (revised and updated version published in edited book collection listed above).
  • “A Clash of Values? Barriers to Equality in Hong Kong’s Education System,” 2004 Hawaii International Conference on Education, Honolulu, January 3–6, 2004 (published in the CD Rom conference proceedings).
  • “Preserving Civil Liberties in Hong Kong: the Successful Resistance to the National Security (Legislative Provisions) Bill 2003,” Sino-US Human Rights Academic Conference: The 55th Anniversary Commemoration of the Universal Declaration of Human Rights, jointly organized by the Institute of Human Rights and Humanitarian Law, China University of Political Science and Law, and Georgetown University Law Centre, Beijing, December 13–14, 2003.
  • “Efforts by the Hong Kong Equal Opportunities Commission to Implement CEDAW and the Resulting Backlash,” Updating of Concepts Meeting, International Women’s Rights Action Watch Asia-Pacific, Kuala Lumpur, Malaysia, August 30, 2003.
  • “Conflicting Expectations and the Role of Alternative Dispute Resolution in Hong Kong Anti-Discrimination Law,”Enforcing Equal Opportunities in Hong Kong: An Evaluation of Conciliation and Other Enforcement Powers of the Hong Kong Equal Opportunities Commission, Centre for Comparative and Public Law, June 14, 2003.
  • “Judicial Use of CEDAW,” Training on the Convention on the Elimination of All Forms of Discrimination Against Women, Hong Kong, March 27–29, 2003 (sponsored by the Hong Kong Equal Opportunities Commission, the University of Hong Kong Women’s Studies Research Centre, and the Centre for Comparative and Public Law).
  • “Migrant Nightclub/Escort Workers in Hong Kong: An Analysis of Possible Human Rights Violations,” Human Rights Challenge of Globalization in Asia-Pacific-U.S.: The Trafficking of Persons, Especially Women and Children Conference, University of Hawaii, Honolulu, November 15, 2002 (with Robyn Emerton).
  • “Hong Kong Law Reform and Efforts to Enact Legislation Prohibiting Discrimination on the Ground of Sexuality,” Human Rights for Sexual Diversities and Case Documentation Workshop, sponsored by the Civil Rights for Sexual Diversities, International Gay and Lesbian Human Rights Commission, and the Centre for Comparative and Public Law, Hong Kong, October 17–19, 2002.
  • “Sexual Harassment and the Law in Hong Kong,” Roundtable Meeting on Sexual Harassment Legislation and Processes, Kuala Lumpur, Malaysia, May 6–8, 2002.
  • “Enforcing Human Rights in a Chinese Community: An Assessment of the Hong Kong Equal Opportunities Commission,” Human Rights in Asia: Traditions and Trajectories Conference, Asian Studies Centre, Michigan State University, East Lansing, March 16–17, 2002.
  • “Implementing Equal Opportunities Law in Hong Kong: An Analysis of the Enforcement Model and the Powers of the Equal Opportunities Commission,” Joint Meeting of the Law and Society Association and the Research Committee on Sociology of Law, Central University, Budapest, Hungary, July 5, 2001.
  • Co-author, with Harriet Samuels, “The Women’s Convention: A Comparison of Its Impact and Implementation in the United Kingdom and the Hong Kong Special Administrative Region of the People’s Republic of China,” Joint Meeting of the Law and Society Association and the Research Committee on Sociology of Law, Central University, Budapest, Hungary, July 4, 2001 (revised version published, as listed above).
  • “Conciliating Her Rights: A Critique of the Role of Alternative Dispute Resolution in Hong Kong’s Sex Discrimination Law,” Women and the Law: Legal Systems/Legal Fictions, Women’s Studies Program 7th Annual Conference, Marquette University, Milwaukee, March 23, 2001.
  • “Investigation and Conciliation of Employment Discrimination Claims in the Context of Hong Kong,” Association of American Law Schools Annual Meeting, San Francisco, January 6, 2001 (revised version published as listed above). HeinOnline
  • “Rights and Reality: An Analysis of Enforcement Problems in Hong Kong’s Sex Discrimination Legislation,” Strategic Thinking for the Millennium: Women and the Law Conference, School of Law, University of Westminster, London, June 24, 2000.
  • “Recent Developments in Hong Kong Employment Law,” Inter-Pacific Bar Association 10th Annual Meeting and Conference, Vancouver, Canada, April 29, 2000.
  • “Implementing Gender Equality in Hong Kong’s Universities: An Analysis of Cultural and Institutional Barriers,” Euroconference: Gender, Higher Education, and Development, University of Oxford, England, April 24, 1999.
  • “Preserving Institutions of Autonomy in Hong Kong: The Impact of 1997 on Academia and the Legal Profession,” Association of American Law Schools 1998 Annual Meeting, Section on International Law, San Francisco, January 9, 1998 (revised version published as listed above).
  • “Women and Employment: The Impact of Feminist Philosophy on Recent Law Reform in Hong Kong,” Symposium on Feminist Philosophy and Public Policy, Chinese Academy of Social Sciences, Beijing, October 28, 1997.
  • “The Impact of Hong Kong’s First Anti-Discrimination Laws on Employment,” Asia Pacific Economic Law Forum Conference, University of Canberra, Australia, February 9, 1996.
  • “Equality as a Human Right: the Development of Anti-Discrimination Law in Hong Kong,” 1995 Friedman Conference — Hong Kong: Financial Center of Asia, Society of International Law, Columbia Law School, New York City, March 30, 1995 (revised version published as listed above).
  • “Equal Pay for Work of Equal Value: A Feminist Perspective,” Hong Kong Equal Opportunities Commission, Conference on Equal Pay for Work of Equal Value, Hong Kong, March 18, 2000 (revised version published as listed above).
  • “The Hong Kong Women’s Movement in the 1990’s: Political Achievements in Employment Law Reform,” International Conference on Gender and Development in Asia, Chinese University of Hong Kong, November 27, 1997.
  • “Anti-Discrimination Legislation in Hong Kong: An Overview,” Seminar on Hong Kong Equal Opportunities Law in International and Comparative Perspective, University of Hong Kong, November 10, 1997.
  • “The Failure of the Hong Kong Government to Implement the Right to Equality Under the ICCPR: An Analysis of the Sex Discrimination Ordinance and the Opposition to Broader Legislation,” Hong Kong and the Implementation of the International Covenant on Civil and Political Rights, University of Hong Kong, September 30, 1995.
  • “The Development of Legislation Prohibiting Sexual Harassment in Hong Kong,” Workshop on Sexual Ethics: the University Context, Centre of Asian Studies and Women’s Studies Research Centre, University of Hong Kong, June 10, 1995.

Occasional Papers and Law Reform Submissions

  • Co-author, with Peggy Lee, Forced Labour and Dept Bondage in Hong Kong: A Study of Indonesian and Filipina Migrant Domestic Workers, Centre for Comparative and Public Law Occasional Paper No. 11, June 2006 (in hard-copy and at www.hku.hk/ccpl/).
  • Co-author, with Fu Hua-ling, Kelley Loper, and Simon Young, Group Submission to the Legislative Council, the Department of Justice, and the Security Bureau of the Hong Kong SAR on the National Security (Legislative Provisions) Bill, Centre for Comparative and Public Law Occasional Paper No. 9, May 2003 (in hard-copy and at www.hku.hk/ccpl/).
  • Co-author, with Robyn Emerton, Migrant Nightclub/Escort Workers in Hong Kong: An Analysis of Possible Human Rights Violations, Centre for Comparative and Public Law Occasional Paper No. 8, April 2003 (in hard-copy and at www.hku.hk/ccpl/).
  • Co-author, with Kelley Loper, Submission on the Proposals to Implement Article 23 of the Basic Law, Centre for Comparative and Public Law Occasional Paper No. 6, December 2002 (in hard-copy and at www.hku.hk/ccpl/). SSRN | ScholarSpace
  • Sexual Harassment in the Workplace, Centre for Comparative and Public Law Occasional Paper No. 4, June 2002 (in hard-copy and at http://www.hku.hk/ccpl/).

Articles in Professional and Newspaper Commentary

  • Shorter Leash Looming for Rights Watchdog, South China Morning Post, June 6, 2002, p. 16.
  • Equality for All: How Will Hong Kong’s New Anti-Discrimination Legislation Affect the Employment Market? Hong Kong Lawyer, September 1996, pp 38–40.
  • Women at Work: Government Green Paper, 1 The Employment Report No. 6, 2-6, (Asian Law Journal 1993).
  • Wimin-in the Law, Lawyer (Hong Kong) 28 (July/August 1990).

Papers for Non-Governmental Organisations

  • State Sovereignty and International Norms, chapter commissioned by the International Women’s Rights Action Watch – Asia Pacific (IWRAW-AP) for its book project Women’s Human Rights: Challenges and the Way Forward (draft submitted; book in progress).
  • Comments of the Hong Kong Federation of Women’s Centres on the Implementation of the Beijing Platform for Action in the Hong Kong Special Administrative Region of China, February 2005 (prepared for panel discussion in conjunction with the 49th Session of the Commission on the Status of Women, United Nations, New York).
  • Report on the United Nations Fourth World Conference on Women, in Report from BPW Hong Kong (Hong Kong Association of Business and Professional Women, 1995).
  • Submission of the Hong Kong Council of Women on the Equal Opportunities Bill, October 1994 (submitted to the Bills Committee to Study the Equal Opportunities Bill, Hong Kong Legislative Council).

Awards

  • Recipient of the Lifetime Achievement Award from Hawaii Women Lawyers (2020–2021).
  • Expert Panelist, International Labour Office, Technical Cooperation Program to assist the Chinese government to promote and apply ILO Convention No. 111 (on equality in employment) (2008–09).
  • Honorary Consultant, Hong Kong Federation of Women’s Centres (2006–09).
portrait photo

Contact

Phone: (808) 956-6940
Fax: (808) 956-5569

carolep@hawaii.edu

Office

M 1-3 pmor by appointment

Files

Classes

Course #Class TitleSemesterYear
530
Spring2022
530
Spring2021
530
Spring2017
530
Spring2018
530
Spring2011
530
Spring2013
536
Fall2014
536J
Spring2015
536J
Spring2016
536J
Spring2017