published_or_final_version / Transport Policy and Planning / Master / Master of Arts in Transport Policy and Planning

Aim. This paper reveals key considerations required to reform and enact public health legislation to reduce and maintain the low prevalence of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) in Hong Kong Special Administrative Region (HKSAR), in light of the growing global transmission of the epidemic. Background. There are a total of 33.3 million people living with HIV/AIDS globally, with 2.7 million becoming newly infected in 2010. Despite an overall global decline in HIV incidence of 19%, the number of newly infected people still exceeds the amount of people placed on antiretroviral drugs. HKSAR experienced a 0.5% increase in incidence in 2011, with 438 new cases reported to the Department of Health. There are currently no protective or punitive laws either for or against people living with HIV/AIDS, Men who have sex with men (MSM), sex workers or injecting drug users in HKSAR. Additionally, HIV/AIDS is not reportable under the notifiable disease act. Methods. The data used was collected between 1983 and 2012 and researched using electronic databases: MEDLINE, Google Scholar and Web of Science. Results. Ten studies met the inclusion criteria. The themes identified from the literature are: (1) True prevalence not reflected due to unawareness of serostatus, (2) Low uptake of screening due to the fear of stigmatisation, discrimination and/or prosecution and (3) Protective laws encourage responsibility. The statistics of HIV/AIDS in HKSAR may not be reflective of the true prevalence given the current methods of data collection. Additionally, the legal system in HKSAR fails to protect against discrimination based on an individual’s sexual orientation, which can potentially exacerbate existing stigma and consequently fuel the HIV/AIDS epidemic in Hong Kong. Conclusion. The inclusion of HIV/AIDS under the notifiable disease act can provide a more accurate prevalence and incidence rate. It can also be used as a tool to evaluate ongoing prevention efforts. HIV/AIDS specific laws, with regard to transmission and exposure, are detrimental to public health efforts in managing the epidemic. Instead, protective laws, such as anti-discrimination laws and the furthering of women’s rights, would yield greater benefits. / published_or_final_version / Public Health / Master / Master of Public Health

The thesis addresses the paradigm shift of education governance in China through a study of the policymaking process of two legislation episodes in China: the 1986 Compulsory Education Law and the 2006 Compulsory Education Law Amendment. The research started with two broad initial research questions: how was the Compulsory Education Law made and amended? Why was the Law made and amended? Using ethnographic interviews and documentary analysis as the main research methods, more specific questions on the 1986 and 2006 legislation were later delved into as the research evolved in depth: What were the driving forces behind the 1986 and 2006 legislation? What values of compulsory education were assumed in the central decisions of the 1986 and 2006 legislation? What was the institutional rationale underpinning the 1986 and 2006 legislation? The data was collected through ethnographic interview with some forty informants involved in the policymaking process. The research findings were analyzed and presented on three levels. First, the findings were presented on the basis of narration analysis. Second, the policymaking process of the legislation was analyzed from three paradigms: agenda-setting, decision-making and organizational behavior. Finally, by examining the results of the previous stages of analysis and further comparing the two cases, the research arrived at a theoretical framework for education governance that embraces three essential elements: political ideology, perceived value of education, and institutional rationale. The analysis of the two legislation episodes identified that the political ideology, which shifted from efficiency-oriented economic well-being to equity-oriented social cohesion, steered the agenda-setting of the compulsory education legislation. The perceived value of education reflects the role that education plays in development, changing from economic value to social value. The institutional rationale essentially determines strategies by which compulsory education materializes, with a variance from governing by goal and mobilization to governing by accountability and regulation. In conclusion, education governance in China witnessed a paradigm shift from “economic instrumentalism” toward “social rationalism” over the twenty-year period from the mid-1980s to 2006. / published_or_final_version / Education / Doctoral / Doctor of Philosophy

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The following thesis deals with the distribution of air traffic rights. Particular reference is made to the situation in the European Union and the changes that might occur in the aftermath of the "open-skies" decision of the European Court of Justice in November 2002. / One major part of the thesis generally analyses different means of distributing limited public right, in order to determine an appropriate method for the allocation of air traffic rights. After a comparison with the telecommunication sector, it is concluded that the most appropriate approach is to conduct a Beauty Contest in the form of a Documentary Hearing. It is suggested that airlines submit their proposals and the regulatory agencies make their choice based on certain criteria. / Subsequently, a glance is taken at the methods for allocating air traffic rights that are currently applied in several countries. It can be seen that all these countries have chosen the same approach, a Beauty Contest, and that they all are facing the same difficulties, which are inconsistency and ambiguity of the distribution procedure. / Furthermore, a short evaluation, whether the General Agreement on Trade in Services has an impact on the allocation of air traffic rights, is undertaken. However, this is denied. / Based on the previous results an own proposal is presented, how air traffic rights could be distributed in a Beauty Contest, while avoiding most of the difficulties encountered by other countries. This proposal concentrates on the situation in the European Union, but could be also applied in other countries.

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Aircraft noise is one of the most controversial environmental concerns in the aviation industry, partly due to the difficulty in harmonizing countries' regulation regarding this issue. The purpose of this thesis is to analyze the ways in which aircraft noise is regulated at the national and international levels, and to compare the legislative responses to aircraft noise issues in Europe and North America. Each of the four main chapters of the thesis takes into consideration a different aspect of the problem. The first chapter describes the objective and subjective ways of measuring aircraft noise. This process is necessary in order to allow the legislation to meet its purpose, namely, to protect the environment, the sources of the aircraft noise, and the effects of the aircraft noise on people. The second chapter describes the evolution of aircraft noise issues at the national levels in the US and throughout the EU, respectively, as well as at the international level, such as at the ICAO. The third chapter analyses the EU Regulation 925/1999, which created tension between the EU and the US due to its alleged discriminatory nature. This thesis examines the arguments of both sides. Finally, the fourth chapter analyses the noise certification standards developed by ICAO, namely the "balanced approach".