Implementing China and Hong Kong's Preliminary Reference System: Transposability of Article 267 TFEU Principles

Article 158(3) of Hong Kong’s post-handover constitution stipulates a preliminary reference procedure that was modelled upon article 267 of the Treaty on the Functioning of the European Union (“TFEU”). In the first 16 years of its life, Hong Kong’s Court of Final Appeal (“CFA”) has through four judgments laid down some principles for implementing the reference procedure. Yet the jurisprudence is unclear and pertinent aspects of the procedure remain undefined. Notwithstanding calls by jurists for the CFA to draw on principles developed by the European Court of Justice (“ECJ”) under article 267 TFEU, there has hitherto been no discussion on how meaningful transposition can take place, given the vast differences in institutional, constitutional and political landscapes between the EU and Chinese contexts. This paper seeks to plug this gap by sketching a set of criteria for evaluating the transposability of article 267 principles to Hong Kong, and applying such criteria to examine how the CFA can borrow from the ECJ’s resources in resolving key issues it faces in implementing article 158(3). This paper will make two points. First, the CFA may borrow a juridical doctrine developed under article 267 TFEU only if the doctrine is in line with the text and purposes of article 158(3) as well as the institutional and constitutional role of the CFA. Secondly, applying such criteria, while some of the ECJ’s principles can assist the CFA in rationalising existing jurisprudence and answering unresolved questions, others, including the acte clair doctrine, are not transposable.postprin

Implementing China and Hong Kong’s Preliminary Reference System: Transposability of Article 267 TFEU Principles

Conference theme: Constitutional Challenges: Global and LocalWorkshop 2: Sub-national constitutions in federal and quasi-federal constitutional statesArticle 158(3) of Hong Kong’s post-handover constitution stipulates a preliminary reference procedure that was modelled upon article 267 of the Treaty on the Functioning of the European Union (“TFEU”). In the first 16 years of its life, Hong Kong’s Court of Final Appeal (“CFA”) has through four judgments laid down some principles for implementing the reference procedure. Yet the jurisprudence is unclear and pertinent aspects of the procedure remain undefined. Notwithstanding calls by jurists for the CFA to draw on principles developed by the European Court of Justice (“ECJ”) under article 267 TFEU, there has hitherto been no discussion on how meaningful transposition can take place, given the vast differences in institutional, constitutional and political landscapes between the EU and Chinese contexts. This paper seeks to plug this gap by sketching a set of criteria for evaluating the transposability of article 267 principles to Hong Kong, and applying such criteria to examine how the CFA can borrow from the ECJ’s resources in resolving key issues it faces in implementing article 158(3). This paper will make two points. First, the CFA may borrow a juridical doctrine developed under article 267 TFEU only if the doctrine is in line with the text and purposes of article 158(3) as well as the institutional and constitutional role of the CFA. Secondly, applying such criteria, while some of the ECJ’s principles can assist the CFA in rationalising existing jurisprudence and answering unresolved questions, others, including the acte clair doctrine, are not transposable.published_or_final_versio

Three-dimensional ultrasonography of conjoined twins

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早產嬰兒脾臟破裂

Splenic injuries are very rare in neonates. We report a case of splenic injury in a premature neonate, highlighting the importance of a high-index suspicion in early recognition of this rare but potentially fatal intra-abdominal injury. We also review the literature on possible aetiologies and mechanism of splenic injury, as well as its management. This is the first reported case of a very low-birth-weight neonate with splenic rupture who survived with intact neurology.published_or_final_versio

Pericardial effusion after open heart surgery for congenital heart disease

Objectives: To determine the prevalence and time course of pericardial effusion after open heart surgery for congenital heart diseases and to identify predisposing risk factors. Design and patients: Prospective assessment of development of pericardial effusion in 336 patients (163 males) undergoing open heart surgery for congenital heart disease by serial echocardiography on days 5, 7, 14, 21, and 28 postoperatively. Setting: Tertiary paediatric cardiac centre. Results: The prevalence of pericardial effusion was 23% (77 of 336). Of the 77 patients who developed effusion, 43 (56%) had moderate to large effusions and 18 (23%) were symptomatic. Patients who had a large amount of effusion were more likely to be symptomatic than those with only a small to moderate amount (47.4% v 15.5%, p = 0.01). The mean (SD) onset of pericardial effusion was 11 (7) days after surgery, with 97% (75 of 77) of cases being diagnosed on or before day 28 after surgery. The prevalence of effusion after Fontan-type procedures (60%, 6 of 10) was significantly higher than that after other types of cardiac surgery: repair of left to right shunts (22.1%, 43 of 125), repair of lesions with right ventricular outflow tract obstruction (22.6%, 19 of 84), arterial switch operation (6.7%, 1 of 15), and miscellaneous procedures (25%, 8 of 32) (p = 0.037). Univariate analyses showed that female patients (p = 0.009) and those receiving warfarin (p = 0.002) had increased risk of postoperative pericardial effusion. A greater pericardial drain output in the first four hours after surgery also tended to be significant (p = 0.056). Multivariate logistic regression similarly identified warfarin treatment (β = 1.73, p = 0.009) and female sex (β for male = -0.63, p = 0.037) as significant determinants. Conclusions: Pericardial effusion occurs commonly after open heart surgery for congenital heart disease. Serial echocardiographic monitoring up to 28 days postoperatively is indicated in selected high risk patients such as those with symptoms of postpericardiotomy syndrome and those given warfarin.published_or_final_versio

Regional imaginaries of governance agencies: practising the region of South West Britain

publication-status: AcceptedHarvey D C, Hawkins H, Thomas N J, 2011. The definitive, peer-reviewed and edited version of this article is published in Environment and Planning A 43(2) 470 – 486 DOI: 10.1068/a43380Copyright © 2011 PionChanges in government and governmentality in the UK have witnessed what has been termed a ‘regional renaissance’ over the last decade. This has led to an increase in the number of offices, institutions and agencies operating with a regional remit that is based upon a notion of fixed territorial containers. One sector that has increasingly been brought into the orbit of the new regional policy framework is that of the creative industries, and research is required in order to understand how creative industry governance agencies imagine and interpret the regional spaces that they administer. Notwithstanding the supposedly agreed upon and bounded nature of the territories over which they have competence, we find that personnel working within these regional bodies negotiate and imagine regional space in a number of ways. Drawing on empirical work with three creative governance agencies in the South West of Britain, we consider a range of dynamic and sometimes contradictory understandings of regional space as practised through their policy development and implementation. The paper traces how the practice of creative industry governance challenges the governmentally determined region and, by implication, any territorial unit as a naturally given container that is internally coherent and a discrete space available for governance. In doing so, the paper has broader lessons for effective policy delivery more generally

Polymyalgia Rheumatica Presenting as Depression: The Role of the History and Physical Examination in Psychiatric Assessment

Surveys have indicated that physical examination is a diagnostic tool that is infrequently used by psychiatrists. This is an unfortunate state of affairs in light of the act that the bio-psycho-social formulation of health-care problems is integral to the treatment of psychiatric disorders. The situation becomes all the more complex when faced with the high comorbidity of physical and psychiatric illness in the elderly presenting with depression. The physical examination, guided by a detailed history, must be considered an integral part of the assessment of depression in the elderly. A case study of polymyalgia rheumatica presenting as depression is utilized to underscore this imperative

A pro-drug of the green tea polyphenol (-)-epigallocatechin-3-gallate (EGCG) prevents differentiated SH-SY5Y cells from toxicity induced by 6-hydroxydopamine

Regular consumption of green tea benefits people in prevention from cardiovascular disorders, obesity as well as neurodegenerative diseases. (-)-Epigallocatechin-3-gallate (EGCG) is regarded as the most biologically active catechin in green tea. However, the stability and bioavailability of EGCG are restricted. The purpose of the present study was to investigate whether a pro-drug, a fully acetylated EGCG (pEGCG), could be more effective in neuroprotection in Parkinsonism mimic cellular model. Retinoic acid (RA)-differentiated neuroblastoma SH-SY5Y cells were pre-treated with different concentrations of EGCG and pEGCG for 30 min and followed by incubation of 25 μM 6-hydroxydopamine (6-OHDA) for 24 h. We found that a broad dosage range of pEGCG (from 0.1 to 10 μM) could significantly reduce lactate dehydrogenase release. Likewise, 10 μM of pEGCG was effective in reducing caspase-3 activity, while EGCG at all concentrations tested in the model failed to attenuate caspase-3 activity induced by 6-OHDA. Furthermore, Western-blot analysis showed that Akt could be one of the specific signaling pathways stimulated by pEGCG in neuroprotection. It was demonstrated that 25 μM of 6-OHDA significantly suppressed the phosphorylation level of Akt. Only pEGCG at 10 μM markedly increased its phosphorylation level compared to 6-OHDA alone. Taken together, as pEGCG has higher stability and bioavailbility for further investigation, it could be a potential neuroprotective agent and our current findings may offer certain clues for optimizing its application in future. © 2009 Elsevier Ireland Ltd. All rights reserved.postprin

The Structure of the Water-Holding Feathers of the Namaqua Sandgrouse

The morphology and fine structure of the feather barbules of the Namaqua Sandgrouse Pterocles namaqua are investigated histologically and experimentally by means of light microscopy, scanning electron micrography and X-ray diffraction. Proximally the barbule is helically coiled for three and a half turns and has a kidney-shaped, concave/convex transverse section. The inner concave surface is pitted, the outer convex surface smooth. The barbule is solid, consisting of three layers, and bears a number of appendages at its distal end, where it is more rounded in transverse section. The uncoiling of barbules from the abdominal feathers on contact with water may be initiated by water uptake and further facilitated by the number of helical coils at the base of the barbules. The keratin is fairly crystalline when dry. This crystallinity is somewhat reduced on wetting. The uncoiling mechanism is related to the expansion of the polypeptide chains of Il-keratin in order to accommodate additional water bound to the side chains

Associations of apolipoprotein E exon 4 and lipoprotein lipase S447X polymorphisms with acute ischemic stroke and myocardial infarction

Background: Because apolipoprotein E (apoE) and lipopoprotein lipase (LPL) polymorphisms interact with each other and with other factors to affect lipid metabolism, we sought to determine their separate and combined effects in association with ischemic vascular disease. Methods: We performed a case-control study of 816 subjects: 246 acute ischemic stroke patients, 234 acute myocardial infarction patients, and 336 controls. APOE exon 4 and LPL S447X genotypes were determined. Results: APOE ε2 and ε4 homozygotes were increased in stroke (4.5% vs. 1.0%, p = 0.008), while in myocardial infarction the ε4 allele was increased (12.6% vs. 9.5%, p = 0.006) but ε2 was decreased (3.7% vs. 12.1%, p = 0.000006). For subjects with either APOE ε2 or ε4 alleles, LPL X alleles were increased in vascular disease (OR = 2.2, p = 0.01). LPL X alleles displayed opposite tendencies toward association with disease when subjects were divided by sex, smoking, or APOE genotype. Meta-analysis and regression analysis of previous studies supported the sex and smoking dichotomies. Conclusion: This is the first report of an association of vascular disease with an interaction of APOE exon 4 and LPL S447X genotypes. Therefore, APOE genotypes and LPL S447X interactions with apoE, sex, and smoking may affect the risk of myocardial infarction and ischemic stroke. © 2006 by Walter de Gruyter.published_or_final_versio