Tag: <span>En</span>

Tag: En

专业日志

Blawg.Org turns to Blawg.Com

Blawg.org has changed its face to Blawg.com. It is now a free source of legal feeds. Many bloggers have/are adding there feeds in. Now it listed more than 1,000 blawgs and among them, 150 or more are talking about the law other than the US. However, in it’s registration steps, Blawg.com seems a website believes all blawggers are stay in the U.S.

Anyway, it is a good improvement for the site.

专业日志

HK Legislation on the Cyber Crimes

1. Laws against Hacking (Unauthorized Access, Access with Criminal Intent)
There are two offences under the laws of Hong Kong aiming at "Hacking" activities:-
    • Cap.106 S.27a – Unauthorised access to computer by telecommunication
    • Cap.200 S.161- Access to computer with criminal or dishonest intent
 
  • CAP 106 TELECOMMUNICATIONS orDINANCE
    • Section 27A – Unauthorized access to computer by telecommunications – 16/06/2000
Section Num:
27A
Version Date
16/06/2000
Heading
Unauthorized access to computer by telecommunications
 
(1)     Any person who, by telecommunications, knowingly causes a
computer to perform any function to obtain unauthorized access to any
program or data held in a computer commits an offence and is liable on
conviction to a fine of $20000. (Amended 36 of 2000 s. 28)
(2)     For the purposes of subsection (1)-
(a)     the intent of the person need not be directed at-
(i)     any particular program or data;
(ii)    a program or data of a particular kind; or
(iii)   a program or data held in a particular computer;
(b)     access of any kind by a person to any program or data held in a
computer is unauthorized if he is not entitled to control access of the
kind in question to the program or data held in the computer and-
(i)     he has not been authorized to obtain access of the kind in
question to the program or data held in the computer by any person who is
so entitled;
(ii)    he does not believe that he has been so authorized; and
(iii)   he does not believe that he would have been so authorized if
he had applied for the appropriate authority.
(3)     Subsection (1) has effect without prejudice to any law relating
to powers of inspection, search or seizure.
(4)     Notwithstanding section 26 of the Magistrates ordinance (Cap
227), proceedings for an offence under this section may be brought at any
time within 3 years of the commission of the offence or within 6 months of
the discovery of the offence by the prosecutor, whichever period expires
first.
(Added 23 of 1993 s. 2)
 
————–
  • CAP 200 CRIMES orDINANCE
    • Section 161 – Access to computer with criminal or dishonest intent – 30/06/1997
Section Num:
161
Version Date
30/06/1997
Heading
Access to computer with criminal or dishonest intent
 
 
(1)     Any person who obtains access to a computer-
(a)     with intent to commit an offence;
(b)     with a dishonest intent to deceive;
(c)     with a view to dishonest gain for himself or another; or
(d)     with a dishonest intent to cause loss to another,
whether on the same occasion as he obtains such access or on any future
occasion, commits an offence and is liable on conviction upon indictment
to imprisonment for 5 years.
(2)     For the purposes of subsection (1) "gain" (獲益) and "loss" (損失)
are to be construed as extending not only to gain or loss in money or
other property, but as extending to any such gain or loss whether
temporary or permanent; and-
(a)     "gain" (獲益) includes a gain by keeping what one has, as well as
a gain by getting what one has not; and
(b)     "loss" (損失) includes a loss by not getting what one might get,
as well as a loss by parting with what one has.
(Added 23 of 1993 s. 5)
 
2. Laws against Criminal Damage
    • Section 59 – Interpretation – 30/06/1997
Section Num:
59
Version Date
30/06/1997
Heading
Interpretation
 
PART VIII
 
CRIMINAL DAMAGE TO PROPERTY
 
(1)     In this Part, "property" (財產) means–
(a)     property of a tangible nature, whether real or personal,
including money and-
(i)     including wild creatures which have been tamed or are
ordinarily kept in captivity, and any other wild creatures or their
carcasses if, but only if, they have been reduced into possession which
has not been lost or abandoned or are in the course of being reduced into
possession; but
(ii)    not including mushrooms growing wild on any land or flowers,
fruit or foliage of a plant growing wild on any land; or
(b)     any program, or data, held in a computer or in a computer
storage medium, whether or not the program or data is property of a
tangible nature.
In this subsection, "mushroom" (菌類植物) includes any fungus and "plant" (植物) includes any shrub or tree. (Replaced 23 of 1993 s. 3)
(1A)    In this Part, "to destroy or damage any property" (摧毀或損壞財產) in
relation to a computer includes the misuse of a computer.
In this subsection, "misuse of a computer" (誤用電腦) means-
(a) to cause a computer to function other than as it has been established to function by or on behalf of its owner, notwithstanding that the misuse may not impair the operation of the computer or a program held in the computer or the reliability of data held in the computer;
(b) to alter or erase any program or data held in a computer or in
a computer storage medium;
(c) to add any program or data to the contents of a computer or of
a computer storage medium, and any act which contributes towards causing the misuse of a kind referred to in paragraph (a), (b) or (c) shall be regarded as causing it. (Added 23 of 1993 s. 3)
(2) Property shall be treated for the purposes of this Part as belonging to any person-
(a) having the custody or control of it;
(b) having in it any proprietary right or interest (not being an
equitable interest arising only from an agreement to transfer or grant an
interest); or
(c)     having a charge on it.
(3)     Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust.
(4)     Property of a corporation sole shall be so treated as belonging to the corporation notwithstanding a vacancy in the corporation.
(Added 48 of 1972 s. 3)
[cf. 1971 c. 48 s. 10 U.K.]
 
————
    • Section 60 – Destroying or damaging property – 30/06/1997
Section Num:
60
Version Date
30/06/1997
Heading
Destroying or damaging property
 
(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another-
(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,
shall be guilty of an offence.
(3) An offence committed under this section by destroying or damaging property by fire shall be charged as arson.
(Added 48 of 1972 s. 3)
[cf. 1971 c. 48 s. 1 U.K.]
专业日志

翻译：《比例原则：一个更有效率的工具》

[说明]
1、本文不适用本站创作共用约定，译者保留所有权利，如需转载，请事先取得译者许可。
3、这里只发布译文第一、二部分、最后一部分及全部注释，欲阅读全文请与我联系。
 
第68条  比例原则：一个更有效率的工具*
作者：克雷格 P. 丹尼斯
（加拿大Sugden, McFee & Roos律师行温哥华法律继续教育办公室）
2005年9月29日
译者：董皓
 
目   录
1．绪论
2. 比例原则：以多大代价获得公正？
3. 英国的经验
3.1 沃尔夫勋爵对民事诉讼规则的检讨
3.2 英国《1998年民事诉讼规则》
4．第68条是如何实现比例原则的
5．未来的道路：驶入快车道
5.1 你能否离开？欢迎来到加州旅店
5.2 多重的诉讼和多重的诉讼请求：今夜的心痛
5.3 诉讼文书——修正和文件详叙：学会坚持
5.4 专家证据：结束吧
5.5 证据开示：放轻松
5.6责任认定与赔偿数额二分的诉讼：浪费时间
5.7 诉讼费用：失去控制
6．结论
[译者注：上述第5部分各小标题的副标题均为著名的“老鹰乐队”的经典歌曲名称。]
寻闲 itemprop="discussionURL"1

Halloween in HK

  Midnight, 31 Oct. 2006, Central, Hong Kong. Thousands of people paraded with millions of masks, bloody coats and exciting screams. Great, I love it.

　 

Click here to see more pictures.

寻闲

芬兰版《妈妈再爱我一次》

Äideistä parhain
English Name: Mother of Mine
Chinese Name: 战场上的小人球
Director: Klaus Härö
Writing credits
Heikki Hietamies (novel)
Jimmy Karlsson (screenplay)
 (more)
imdb link: tt0343221

　　The open ceremony of Europe Movie Festival in Hong Kong screened it. Before start, the officer from Finland said although he knows that "face" are important for Chinese, one may not hesitate to cry out when he want during watching.
　　Swedish mam Signe (Maria Lundqvist), as the adoption mother of the boy Eero (Topi Majaniemi),  just lost her own daughter so she wished to raise a girl, but the Child from Finland, where bogged down the war between Russian and German, was a boy who lost his father in war. Two broken hearts were both fragile and hypersensitive so they hurt each other unintentionally at the beginning. Goodness of humanity melted the ice blades and they accepted each other with great love. Unforturely, the war ended and the boy had to go back to his own home. Not an amazing story but what makes audiences crying are the fabulous acting and the wonderful musics.
　　The sceneries in the film are really beautiful, and the cinematogtaphy is great. I was moved by the story and tears covered my face actually. However, frankly speaking, I reflected during watching from that Europe is eventually still Europe, and children in there may never understand the motivation of child-selling mothers who live in some really undeveloped Chinese countryside since they may never imagine the poverty before witness those infertile fields themselves.
　　A line in the scripts: "God always takes away something from you, and give you others." Wish HE really be fair to Finnish, Swedish, English, and Chinese. Perhaps I am too skeptical and pedantic. Anyway, remember calling mam even you do not watch this movie.

专业日志

社会科学方法

我们要推进的社会科学是一种现实的科学。我们要理解我们被置入其中的生活那包围着我们的现实的特性——一方面是在其现今表现形式中的个别现象的联系和文化意义，另一方面是它在历史上成其为这样而不是那样的原因。

马克斯·韦伯：《社会科学方法论》，李秋零、田薇译，1999年，第15页。

专业日志

Obstacles and Trends of ODR in China

点击下载幻灯片文件
此为本人在2005年4月的一次网络法研讨会上的发言，内容包括以下几方面，请下载查看（注册用户方能下载）。

  • C2C: Ebay’s different policy
  • B2C: Dangdang.com
  • 中国的“ODR”
  • TaoBao.com’s Resolution
  • TaoBao 规则的中国特色
  • 中国的“调解”和西方的“ADR”
  • ODR在中国遇到的障碍
  • ODR在中国可能的发展趋势

点击下载幻灯片文件