Governance and Citizenship in Asia Betty Yung Kam-por Yu Editors Ethical Dilemmas in Public Policy The Dynamics of Social Values in the East-West Context of Hong Kong Governance and Citizenship in Asia Series editors Kerry John Kennedy, The Hong Kong Institute of Education, Hong Kong Yan Wing Leung, The Hong Kong Institute of Education, Hong Kong Sonny Shiu Hing Lo, The Hong Kong Institute of Education, Hong Kong Aims and Scope This series explores how citizenship is shaped by social, political, cultural and historical contexts and how it may be moulded to serve the nation state in the age of globalization. In these publications we see how governance relates to all aspects of civic life, including politics, public policy, administration, civil society and the economy, as well as the core values of society. Titles cover themes including public trust and trust building, the role of civil s ociety, citizens’ rights and obligations, citizenship identities including those related to gen- der, class and ethnicities. Authors explore how young people are shaped by demo- cratic and traditional value systems and the importance of citizenship challenges in the Asia Pacific region. Research collaborations in this interdisciplinary series probe questions such as: What are the links between ‘good governance’ and new forms of citizenship? What is the role of citizenship education as a tool in state formation and the development of active citizenship cultures? How do we explain the distinctive features of governance and citizenship in Asian societies? Through these publications we see that citizenship is an integral part of ‘good governance’ and that such governance ultimately enriches citizenship. Scholarly investigation and academic dialogue in this series describe the interdependence and mutuality of governance and citizenship. More information about this series at http://www.springer.com/series/11911 Betty Yung · Kam-por Yu Editors Ethical Dilemmas in Public Policy The Dynamics of Social Values in the East-West Context of Hong Kong 1 3 Editors Betty Yung Kam-por Yu School of Professional Education and General Education Centre Executive Development The Hong Kong Polytechnic University The Hong Kong Polytechnic University Kowloon Kowloon Hong Kong Hong Kong and Centre for Governance and Citizenship The Hong Kong Institute of Education New Territories Hong Kong ISSN 2365-6255 ISSN 2365-6263 (electronic) Governance and Citizenship in Asia ISBN 978-981-10-0435-3 ISBN 978-981-10-0437-7 (eBook) DOI 10.1007/978-981-10-0437-7 Library of Congress Control Number: 2015960426 © Springer Science+Business Media Singapore 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by SpringerNature The registered company is Springer Science+Business Media Singapore Pte Ltd. Foreword This book is very unique in several aspects. First, it is edited by two Hong Kong- based scholars, Betty Yung and Kam-por Yu, who are also long-time observers and serious researchers on the local public policy processes, including formulation, implementation, evaluation, and reassessment. Second, the chapters are written by local scholars who all have been adopting a multiplicity of disciplines to study public policy, ranging from philosophy to law and from social policy to public administration. Third, this book represents the first attempt by Hong Kong scholars who seek to comprehend the dynamic and complex interrelationships between ethical dilem- mas, social values, and public policy in Hong Kong. It demonstrates that Hong Kong as a Special Administrative Region of the People’s Republic of China (PRC) since July 1, 1997, has been encountering a series of policy debates that are shaped by conflicting social values and ethical issues. The closer economic rela- tionships and human interactions between Hong Kong on the one hand and the PRC on the other have been increasing the intensity and ferocity of such policy debates, especially as the territory has a cosmopolitan society where the values from the East are constantly in conflicts with those from the West. Fourth, this book uses a variety of case studies to examine the highly conten- tious nature of public policy in Hong Kong. They embrace the issue of euthana- sia; the law on abortion; the policy toward compensated dating; sexual morality and Internet policy; the societal debate over mainland women giving birth in Hong Kong; the question of equal opportunity in the local education system and examination; the issues of poverty and public assistance; the policy toward pub- lic health care; the contentious debate over the construction of the Express Rail Link; and the government’s attempt at introducing Goods and Services Tax. These cases have not only highlighted the contentious nature of public policy making, implementation, evaluation, and reassessment in Hong Kong, but they also sym- bolize the first attempt by a group of very dedicated, insightful, and thoughtful local scholars to use many examples in providing an in-depth understanding of the complex interrelationships between ethical pluralism and public policy. v vi Foreword Fifth, all the authors in this book have adopted critical and philosophical perspectives to examine various policy cases, arguing that public engagement, citizen participation, and democratic deliberation are necessary in the process of improving the content and context of public policy in Hong Kong. Through pub- lic engagement and citizenship education, the content and context of public policy can be improved further. Therefore, this book is composed of not only of experi- enced local scholars but also of public intellectuals who seek to make the society of Hong Kong better through public policy deliberation and discourse. Without any doubt, this important work is a path-breaking one that adopts mul- tidisciplinary and interdisciplinary perspectives to comprehend the dynamics of ethical pluralism and public policy. It will surely stand the test of time in the study of public policy in general and our profound understanding of Hong Kong’s policy debates in particular. November 2015 Sonny Lo Associate Vice President (Quality Assurance) The Hong Kong Institute of Education Contents 1 Introduction: Ethical Dilemmas, Social Values, and Public Policy: The Context of Governance and Citizenship .................... 1 Betty Yung Part I Ethics, Social Values and Public Policy 2 The Case of Ah Bun: Euthanasia and Other Alternatives .......... 23 Ho Mun Chan and Chun Yan Tse 3 The Justification of the Abortion Law in Hong Kong: A Comparative Study ....................................... 39 Kam-Yuen Cheng and Thomas Ming 4 Compensated Dating: An Ethical Analysis ...................... 49 William Sin 5 Private Sphere Versus Public Sphere: Photo Scandal of Edison Chen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Ludwig Ying Part II Citizenship, Social Values and Public Policy 6 The Ethics of Admission and Rejection of Immigrants—the Case of Children Born in Hong Kong to Mainland Parents ............. 81 Francis K.T. Mok 7 From the Case of Sex Discrimination to the Ideas of Equality and Equal Opportunities .................................... 111 Man Yee Karen Lee 8 Is the Public Assistance Programme Adequate in Hong Kong? From Value-Neutrality to Moral Engagement in the Politics of Policy Research .......................................... 129 Yuk Tin Carl Cheng vii viii Contents 9 The Poverty of Vision: A Critique of Hong Kong’s Healthcare Policy .................................................... 147 Wan-chaw Shae 10 A Philosophical Analysis on the Reasons Against the Building of Guangzhou–Shenzhen–Hong Kong Express Rail Link .......... 167 Sui Ming Tsang 11 Justice and Taxation: From GST to Hong Kong Tax System ....... 183 Betty Yung 12 Conclusion: Social Values, Public Policy, and Citizenship ......... 197 Kam-por Yu Chapter 1 Introduction: Ethical Dilemmas, Social Values, and Public Policy: The Context of Governance and Citizenship Betty Yung Abstract Public policy affects everyone in society. There are winners and losers in each public policy or public policy action. Not only should public policy m akers balance out winners and losers in public policy so that there will not be ‘ permanent losers,’ they should also strike a balance between immediate, short-term ‘happiness’ and future, long-term ‘happiness.’ The search for ‘good governance’ is a continual human pursuit. Having sensible social values, defining the good, together with sound procedural and managerial values as means, will better safeguard ‘good governance.’ Building on the nascent scholarly attention to the role of values in governance, this book will examine a number of case studies of ethical dilemmas in public policy from the perspective of social values, giving food for thought for how to achieve good governance. The ability to analyze public policy issues rationally and make constructive suggestions to improve public policy will be an important characteristic of a good citizen, and sound citizenship education cannot be devoid of the social value dimension. Public policy affects everyone in society. Public policy is ‘whatever governments choose to do or not to do’ (Dye 1987, p. 1; quoted in Smith and Larimer 2009, p. 3). Anderson (1994) defines policy as a ‘purposive course of action or inaction undertaken by an actor or set of actors in dealing with a problem or matter of con- cern’ (quoted in Smith and Larimer 2009, p. 3). Smith and Larimer (2009) elab- orate that ‘[p]olicy is not random but purposive and goal oriented; public policy is made by public authorities; public policy consists of patterns of actions taken B. Yung (*) School of Professional Education and Executive Development, The Hong Kong Polytechnic University, Hung Hom, Kowloon, Hong Kong e-mail: [email protected] B. Yung Centre for Governance and Citizenship, The Hong Kong Institute of Education, Tai Po, Hong Kong © Springer Science+Business Media Singapore 2016 1 B. Yung and K. Yu (eds.), Ethical Dilemmas in Public Policy, Governance and Citizenship in Asia, DOI 10.1007/978-981-10-0437-7_1