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JCM 210 ENGLISH NEWS REPORTING AND WRITING II

JCM 210 ENGLISH NEWS REPORTING AND WRITING II. 1. Seminar 4 5 th March 2009. AGENDA. Beats Briefing (1) Intro. To Beat Reporting Basic Reporting (III): Legal Affairs & Human Rights News Writing: Ch.4 Multi-element Stories. 2. Beats Briefing (1).

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JCM 210 ENGLISH NEWS REPORTING AND WRITING II

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  1. JCM 210 ENGLISH NEWS REPORTING AND WRITING II Seminar 4-2009 1 Seminar 4 5th March 2009

  2. AGENDA • Beats Briefing (1) • Intro. To Beat Reporting • Basic Reporting (III): Legal Affairs & Human Rights • News Writing: Ch.4 Multi-element Stories Seminar 4-2009 2

  3. Beats Briefing (1) • Identify the policy areas covered by your bureau / bureax • Identify the departments/commissions at the implementation / enforcement level Seminar 4-2009 3

  4. Beat Reporting • A “beat” is a specific area of coverage • It can be an entire municipality or parts of the government • District Council • Security • Legco • It can also be a topical beat • Finance • Environment Seminar 4-2009 4

  5. Developing Stories Ideas • Meeting, talking and asking to people • Newspaper clips (剪報) • Internal publication (內部刊物) • Press release (新聞稿) • Internet forum Seminar 4-2009 5

  6. How to generate your list of sources Seminar 4-2009 6

  7. The Stakeholders’ List (持份者名單) • Government Officials • Professional Bodies / Trade Unions • Non-Government Organizations (NGOs) • Legislators • Scholars Seminar 4-2009 7

  8. Coaching Tips • Ask one source to recommend others • Ask people you meet what stories they would like to read in your field • Keep a tickler file of story ideas and follow-up stories • Contact sources regularly • Check records on your beat Seminar 4-2009 8

  9. Make stories relevant to readers • Seek human elements in stories • Pain and pleasure, happiness and anger • Translate jargon in technical stories into simple and layman’s term • Check the internet for sources, background and records Seminar 4-2009 9

  10. Basic Reporting (III) Legal Affairs and Human Rights Seminar 4-2009 10

  11. Learning legal rules is not the franchise (專利) of lawyers Seminar 4-2009 11

  12. Journalists and the law Journalist has no special privilege for doing anything beyond what is the legal right of any private citizen The media are the eyes and ears of the general public, act on behalf of the general public, and are the trustees (受託人) for the general public Therefore their right to know and their right to publish is neither more or less than that of the general public

  13. News coverage and the law • Law making: Legco • Law enforcement: whenever there are issues concerning implementation of laws and regulations, e.g., police, stock market, and other public sectors • Consumers’ interest: consumer product safety • Judicial activities: • High profile court cases • Politics • Human rights issues Seminar 4-2009 13

  14. The advantage of being legally conscious (awareness in law and legal institutions) • Provides different consideration and aspect (other than purely from journalism) in looking at the issue  a new news angle • Provides you more guidance on the possible development of a news event  better planning on reporting • Provides you the boundary of reporting and writing  better clarity and certainty of your story Seminar 4-2009 14

  15. What is “law” ? • Sets of regulation or rules • Promulgated by persons in authority (Government) • With coercive (強迫) or mandatory (強制) effect • Breach of which will be leading to sanction (制裁) by persons/bodies in authority Seminar 4-2009 15

  16. Law and politics • Executive branch proposes and drafts the law • Legislative branch enacts (makes) the law • Judicial branch interprets (解釋) the law • The primary role of the court is to interpret the law according to the legislative intention (立法意圖) of it Seminar 4-2009 16

  17. Source of H.K. Law Seminar 4-2009 17

  18. Hong Kong Basic Law • Art 18(1) • The law in force in the HKSAR shall be:- • this Law, • the law previously in force in Hong Kong as provided for in Art 8 of this Law, and • the laws enacted by the legislature of the Region • Art 18(3) • National law promulgated by the Central Peoples’ Govt (中央人民政府) under Annex 3 (附件三) • 12 such laws relating to nationality, defence and foreign affairs Seminar 4-2009 18

  19. Art 8 • The laws previously in force in Hong Kong, that is, the common law (普通法), rules of equity(衡平法), ordinances(法例), subordinate legislation(附屬法例) and customary law(習俗)shall be maintained, • Except for any that contravene this Law, and • Subject to any amendment by the legislature of the HKSAR Seminar 4-2009 19

  20. BL is the supreme law • Article 8: All previous (old) laws must be consistent with BL • Article 11: No policies practised in HKSAR (executive acts), and laws enacted by the legislature of the Hong Kong Special Administrative Region (new laws) shall contravene BL • Art 158: All levels of court has duty to interpret the provisions of the BL (constitutional supervisory power 憲法檢查權)

  21. Common law (judge-made law) • Historical background • No written law in English history • Norman conquest England in 1066 • King William took control of the nation • Sent sheriffs to different counties • Observed and reported the customary rules to the king • The king abolished unfavourable rules • Sheriffs went back to apply the amended rules Seminar 4-2009 21

  22. Common law operates by Doctrine of Stare Decisis • Doctrine of judicial precedent (司法判例原則) • “Let the decision stands” • Precedent of a superior court binds the inferior courts when they deal with subsequent cases raising similar issues • Law reports (案例報告) collected all the decisions Seminar 4-2009 22

  23. Application in H.K. • All decisions of the Court of Final Appeal (終審法院)and Court of Appeal (高院上訴庭)are binding(具約束力) • All decisions of the Court of First Instance (High Court)(高院原訟庭)and District Court (區域法院)are persuasive (具說服力)only • Pre-1997 Privy Council (倫敦樞密院)decisions bind all the courts except the CFA • All other English decisions are highly persuasive • House of Lords, Court of Appeal • All the Commonwealth (英聯邦)decisions are persuasive • Australia, Canada, New Zealand Seminar 4-2009 23

  24. Rules of equity (judge-made law) • Grievance resulted from the application of common law (too rigid and inflexible) • Lord Chancellor (掌璽大臣) set up a Court of Chancery (衡平法院) • Applied a different set of rules based on morality (道德) and conscience(良知) • Aims to do justice • Doctrine of stare decisis applies • Court to decide and applies the legal principles • With flexibility and discretionary • Where there is conflict b/w equity and common law, equity prevails (衝平法凌駕普通法) Seminar 4-2009 24

  25. Application of modern equity • The introduction of new (non-monetary) remedies (非金錢性司法濟助) • Discretionary (酌情)(not as of right (當然權利) as common law) • Injunction (禁制令), Specific Performance (強制履行令), Declaration (宣告令), Rescission (合約撤消令) Seminar 4-2009 25

  26. Application of modern equity • The introduction of new rights in civil law • Recognition and enforcement of equitable interests in property • Legal interest (法定權益) • Equitable interest (實質權益) • The concept of trusts (信託)(express or implied trust) • Breach of Confidence (違反保密責任): an equitable cause of action Seminar 4-2009 26

  27. Civil Courts System Seminar 4-2009 27

  28. Criminal Courts System Seminar 4-2009 28

  29. Courts of law (法庭) and tribunals (審裁處) • Ct of Final Appeal • High Ct: Ct of Appeal & Ct of First Instance • District Ct, Family Ct • Magistrates' Ct, Juvenile Ct, Coroner's Ct • Labour Tribunal, Lands Tribunal, Small Claims Tribunal, Obscene and Indecent Articles Tribunal (色情及不雅物品審裁處), Immigration Tribunal, Transport Tribunal Seminar 4-2009 29

  30. Hong Kong decisions • Law Reports • Hong Kong Law Reports and Digest (HKLRD) • Hong Kong Cases (HKC) • Unreported judgments • HKLII: http://www.hklii.org/ • Judiciary: http://legalref.judiciary.gov.hk/lrs/common/ju/judgment.jsp Seminar 4-2009 30

  31. How to find judgments of other countries • World Legal Information Institute • http://www.worldlii.org • Google (install the Google Toobar) Seminar 4-2009 31

  32. Divisions of the law • Criminal and civil law • Criminal: deals with offences that are deemed to harm the whole community and thus to be an offence against the sovereign • HKSAR (prosecutor) v. Chan Tai Man (defendant) • Punishment (deterrent 阻嚇性 in nature) • Civil: concerns the maintenance of private claims and the redress of private wrongs • Brown (plaintiff) v. Smith (defendant) • Compensation (compensatory in nature) • Breach of contract (違約), tortious act (侵權行為)

  33. Judicial Officers (司法人員) • Judges • Magistrate 裁判官(solicitors or barristers > 5 years’ standing) • District Court Judge 區域法院法官(solicitors or barristers > 5 years’ standing) • High Court Judge (高等法院) (solicitors or barristers > 10 years’ standing) • Justice of the Court of First Instance (原訟庭法官) • Justice of Appeal (上訴庭法官) Seminar 4-2009 33

  34. Judicial Officers (con’t) • Court of Final Appeal (終審法院) • Permanent Judge 常任法官 • No. = 3 • (solicitors or barristers > 10 years’ standing) • Non-Permanent Judge 非常任法官 • No. = 17 • (judges from overseas jurisdiction) • Lord Hoffmann of the House of Lords • Sir Anthony Mason of the Supreme Court of Australia Seminar 4-2009 34

  35. Andrew Li, (李國能)the Hon Chief Justice, CFA (終審法院首席法官) Seminar 4-2009 35

  36. Law Officers • The Secretary for Justice and Government Lawyers • Secretary of Justice 律政司司長 • Law Officer (Civil Law) 民事法律專員 • Solicitor-General 法律政策專員 • Director of Prosecutions 刑事檢控專員 • Law Draftsman 法律草擬專員 • Very similar to the role of Procuratorate (檢察院) in civil law system (民法/大陸法系) which is led by the office of Procurator-General (檢察長) Seminar 4-2009 36

  37. Wong Yan Lung, S.C. • Member of C.E. cabinet (main officials) • Appointed by C.E. • Appointment approved by C.P.G. • Legal adviser to H.K.S.A.R. Govt • Formerly known as Attorney General (律政司) • Used to appoint a Q.C. Seminar 4-2009 37

  38. Legal Professions • Solicitor (事務律師) • Barrister (訟務律師)(大律師) Seminar 4-2009 38

  39. The Legal Professions • Barristers • Work in “chambers” (大律師事務所) • Self-employed advocates (訟辯人) • Historically, barristers did not work for a fee – “gentlemen’s agreement” meant a barrister who remained unpaid could not sue the solicitor or client Seminar 4-2009 39

  40. Must be instructed by solicitors (brief) • Direct access from the lay client except from • Accountant, surveyor, mainland lawyer or lay client • 1st principle: must uphold the rule of law • Must be independent • Must not refuse instruction (cab-rank rule) • Appearance: wigs and gown Seminar 4-2009 40

  41. Change • England and Wales decided to abolish the wigs in its civil and family courts hearings • Should H.K. barrister drop the wigs? Seminar 4-2009 41

  42. Senior Counsel (資深大律師)(replacing the Queen’s Counsel) • Addressed as “S.C.” • Leading barrister (the “Big Gun”) • More than 15 years’ standing • Of integrity and expertise in special areas of law • Wearing silk gown • Application for Senior Counsel = “taking silk” • Hallmark of success • Leaders of the profession • Appeared with junior in court (enhancement of advocacy) Seminar 4-2009 42

  43. Appointment of Senior Counsel (Appointment Ceremony 2006) Seminar 4-2009 43

  44. Overseas Q.C. • Admitted to fight in individual cases • Usually Q.C. from London (London Silk) • Must be the expert in a particular subject area • To lead the local S.C. and the junior counsel Seminar 4-2009 44

  45. David Pannick, Q.C. (彭力克御用大律師) • Frequently invited by HKSAR government to appear in high profile human right cases • The case of Citizens’ Radio (民間電台案) Seminar 4-2009 45

  46. Solicitor • General practitioner • Non-contentious matters (無爭議案件) • Probate, conveyancing, acquisition and merger, matrimonial, drafting of commercial contracts • Criminal & civil litigation • Right of audience up to Full Hearing in the District Court • Right of audience up to Chambers Hearing in the Court of First Instance Seminar 4-2009 46

  47. Appearance in court: gown without wigs • Regulatory body • The Law Society of Hong Kong • Solicitors’ Guide on the Code of Conduct • Must refuse to act if there is any embarrassment (e.g., conflict of interest) Seminar 4-2009 47

  48. Principles of Human Rights Seminar 4-2009 48

  49. Types of Human Rights • 1st generation of human rights: Civil and Political Rights (政治及公民權利) • International Covenant on Civil and Political Rights 1966 (政治及公民權利公約) Link • Draft by the United Nations • Put into effect the Universal Declaration of Human Rights (聯合國世界人權宣言)Link • Strong emphasis on civil liberties (公民自由) • Control of state powers • Negative in nature • Boycotted by socialist nations Seminar 4-2009 49

  50. 2nd generation of human rights: Economic and Social Rights (經濟社會及文化權利) • International Covenants on Economic, Social and Cultural Rights (ICESC) (經社文公約) Link • Strong participation of socialist nations • Strong emphasis on economic rights • Positive in nature • Right to trade union • Right to education Seminar 4-2009 50

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