• Built environment attributes and crime: an automated machine learning approach

      Dakin, Kyle; Parkinson, Simon; Saad, Kahn; Monchuck, Leanne; Pease, Ken; University of Huddersfield; University of Derby (BMC, 2020-07-08)
      This paper presents the development of an automated machine learning approach to gain an understanding of the built environment and its relationship to crime. This involves the automatic capture of street-level photographs using Google Street View (GSV), followed by the use of supervised machine learning techniques (specifically image feature recognition) to recognise features of the built environment. In this exploratory proof-of-concept work, 8 key features (building, door, fence, streetlight, tree, window, hedge, and garage) are considered and a worked case-study is demonstrated for a small geographical area (8300 square kilometres) in Northern England. A total of 60,100 images were automatically collected and analysed across the area where 5288 crime incidents were reported over a twelve- month period. Dependency between features and crime incidents are measured; however, no strong correlation has been identified. This is unsurprisingly considering the high number of crime incidents in a small geographic region (8300 square kilometres), resulting in an overlap between specific features and multiple crime incidents. Further- more, due to the unknown precise location of crime instances, an approximation technique is developed to survey a crime’s local proximity. Despite the absence of a strong correlation, this paper presents a first-of-a-kind cross-disci- pline approach to attempt and use computation techniques to produce new empirical knowledge. There are many avenues of future research in this fertile and important area.
    • Improving pofessional observers’ veracity judgements by tactical interviewing

      Sandham, Alex; Dando, Coral; Bull, Ray; Ormerod, Tom; University of Gloucestershire; University of Westminster; University of Derby; University of Sussex (Springer, 2020-06-25)
      Understanding whether a person of interest is being truthful during an investigative interview is a constant challenge and is of concern to numerous criminal justice professionals, most of whom are not involved in conducting the interview itself. Here we investigated police observers’ veracity detection performance having viewed interviews with truthtellers and deceivers using either the Tactical Use of Evidence (TUE), Strategic Use of Evidence (TUE) or a Control technique. Thirty serving police officers participated as post interview observers and each viewed 12 interviews in a counterbalanced order. Immediately post each interview each officer made a veracity judgment. Overall, untrained police observers were significantly more accurate (68%) when making veracity judgments post TUE interviews whereas for both SUE and Control performance was around chance (51% and 48%, respectively). Veracity performance for liars and truthtellers revealed a similar pattern of results (67% liars; 70% truthtellers) in the TUE condition. These results lend further support to the psychological literature highlighting the importance of how and when to reveal evidence or any other relevant event information during an investigative interview for ‘outing’ deceivers as well as allowing truthtellers early opportunities to evidence their innocence.
    • Applying hierarchy of expert performance (HEP) to investigative interview evaluation: strengths, challenges and future directions

      Huang, Ching-Yu; Bull, Ray; Dror, Itiel; Bournemouth University; University of Derby (Taylor and Francis, 2020-06-16)
      The purpose of this paper is to systematically examine the research literature on the decision of expert interviewers within the theoretical framework of the Hierarchy of Expert Performance (HEP, Dror, 2016). After providing an overview of the HEP framework, existing research in the investigative interviewing at each of the eight levels of the HEP framework is reviewed. The results identify areas of strength in reliability between experts’ observations (Level 2) and of weakness in reliability between experts’ conclusions (Level 6). Biases in investigative interview experts’ decision making is also revealed at biasability between expert conclusions (Level 8). Moreover, no published data is available in reliability within experts at the level of observations (Level 1) or conclusions (Level 5), biasability within or between expert observations (Level 3 and 4) and biasability within expert conclusions (Level 7). The findings highlight areas where future research and practical endeavor are much needed investigative interview.
    • Sino-African trade: A multi-layered appraisal

      Huang, Flora; Yeung, Horace; University of Derby; University of Leicester (Electronic Publications, 2020-04)
      There are both believers and critics on the state and potential of Sino-African trade. For example, China’s Belt and Road Initiative (BRI) is expected to benefit several African countries. At the same time, some critics refer to it as ‘debt trap diplomacy’ for China to politically and economically exploit the countries involved. Nearly a decade ago, China surpassed the US to become Africa’s largest trading partner. Sino-African trade is now four times larger than that of US-Africa. While the importance of Sino-African trade can be seen in the scale of trade and investment, this article at the same time concerns the legal, and also some non-legal mechanisms such as BRI and the Forum on China-Africa Cooperation, to take the bilateral/multilateral relations to the next level. Other than continental and country level perspectives, firm level considerations cannot be ignored. Chinese companies now dominate in certain Africa’s business sectors and are rapidly expanding into new sectors. There have been concerns regarding the behaviour of certain Chinese companies in Africa. Through a multi-level analysis, the article endeavours to form a comprehensive picture of the closer than ever Sino-African trade relations.
    • Investigative empathy: a strength scale of empathy based on European police perspectives

      Baker, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (Taylor and Francis, 2020-05-14)
      A growing body of research suggests that empathy may play a major role in establishing and maintaining rapport during police interviews. The benefits of rapport include not only increased cooperation from interviewees, but also gaining more accurate investigation-relevant information. However, despite a large amount of research on empathy which already exists, there still is, unfortunately, no universally agreed-upon definition and very little research on operationalizing and implementing appropriate forms of empathy, especially within the realm of investigative interviewing. Therefore, the present study was conducted with the goal of better understanding empathy from a police perspective and developing a way to assess and operationalize empathy for use in police interviews with suspects of high risk crimes (particularly with sex offences). The study considers police interviewers’ varying definitions of empathy in seven European countries, along with other factors. It analyzed police interviewers’ self-reports regarding their (i) training and methods employed during interviews, (ii) application of empathy in interviews, and (iii) definitions/understanding of empathy. Based on their answers, the various definitions of empathy were compiled and then placed on a new strength scale. It was found that officers in all participating countries varied within each country in their use of accusatory or information-gathering interview styles, suggesting that the methods employed were not systematically and uniformly taught and/or applied. The majority of participants in each country claimed to currently employ empathy in their interviews with suspects, yet they varied on their strength of the definitions provided. In no country was empathy considered useless in interviews and in no country was empathy defined as having aspects that may not be conducive to investigative interviewing.
    • Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter

      Ekhator, Eghosa; Agbaitoro, Godswill; University of Derby; University of Essex (Pretoria University Press, 2019-12)
      The aim of this chapter is to examine the benefits of the International Energy Charter (IEC) to signatory countries with a view to illustrating its future relevance and potential influence in respect of energy laws and policies in Nigeria. The intended outcome of the chapter is to highlight the critical role of the IEC in global energy governance and its impact on Nigeria. Moreover, it will discuss how the IEC has contributed to the ability of signatory countries to enhance international cooperation aimed at addressing common energy challenges while enabling them to harness their full energy resource potential. The research question sought to be answered is whether the IEC has the requisite elements to transform Nigeria’s energy laws and policies so as to bring about positive outcomes in the country’s energy sector. The chapter argues that lessons can be gleaned from the successful domestication and implementation of the African Charter on Human and Peoples’ Rights (African Charter) in Nigeria in this regard.
    • Chinese companies and the Hong Kong stock market

      Huang, Flora; Yeung, Horace; University of Leicester (Routledge, 2013-10-04)
      Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.
    • The regulation of illegal fundraising in China

      Huang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor and Francis, 2018-10-03)
      The rise of financial technology means that it is easier than ever to raise funds from a large group of people, notably via peer-to-peer lending or crowdfunding platforms. This article seeks to discuss the law on illegal fundraising, which has existed for some time before the boom of the Internet, as a legal response to the increasing number of fundraising from the public. Regulation is necessary to ensure market order and investor protection. Virtually in all markets, there are restrictions on how entities can make a public offer of shares, bonds and/or other investment schemes. There are several laws, most notably criminal law, in China that are relevant to illegal fundraising. An individual/company can poten- tially breach one or more of these rules as long as they attempt to raise funds from a non-conventional (i.e. not stock markets or banks) route. The worst outcome of this used to be death penalty. There has been a degree of ambiguities in the application of these laws. The article will attempt to clarify these ambiguities. The regulation of illegal fundraising can have a far reaching conse- quence on the financial markets in China, considering that non- state entities, particularly small and medium-sized enterprises, have limited access to conventional finance. The article will con- sider whether China is on the right track in terms of regulation to allow alternative fundraising channels to thrive. This article is the first ever to present a holistic account of the regulation of illegal fundraising in China.
    • Law–finance–growth nexus in the context of Africa

      Huang, Flora; Yeung, Horace; University of Essex (De Gruyter, 2018-04-26)
      This article seeks to put the law–finance–growth nexus into the context of Africa. As of 2017, the African Securities Exchanges Association has 27 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalization. Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth relative to the rest in the region. However, such a socio-legal proximity is indeed shared by a number of other former British colonies such as Nigeria and Zimbabwe. Law alone may not account for the rise of the Johannesburg Stock Exchange. Furthermore, this article seeks to argue whether there is a genuine need for the African countries to have a stock market, which requires highly evolved legal, market and governmental institutions and norms that often do not pre-exist in these countries. On the one hand, the article will look at Africa in general. On the other hand, it will put certain discussions into the context of selected African countries.
    • Dual class shares around the top global financial centres

      Huang, Flora; University of Essex (2017-04-01)
      Dual class shares (DCS) offer additional classes of shares that provide holders with greater voting rights. The article aims to investigate why leading financial centres have different attitudes towards DCS, with a focus on the recent reforms of their company law and listing rules with respect to DCS.
    • The “tech” of two cities: what Hong Kong failed but Shenzhen succeeded

      Huang, Flora; Yeung, Horace; University of Essex (Coller Capital, 2017-05-01)
      Shenzhen used to be a tiny town of around 30,000 people, north of the then prosperous British colony, Hong Kong, in southern China. The story is certainly entirely different now that Shenzhen is comparable to, if it has not already outshone its once proud neighbor. Shenzhen’s Nanshan district, home to a huge hi-tech industrial park, is now China’s richest, with a higher per capita GDP than even capitalist Hong Kong. This article will compare the two cities through the use of CIV city cases. It will discuss whether the institutional differences can help to explain the respective growth stories of the cities. Afterwards, the article will consider the prospects of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, a national-level initiative to combine the core strengths of the two cities in an attempt to boost the existing technology center to a new level before a conclusion is drawn.
    • Certainty over clemency: English contract law in the face of financial crisis

      Huang, Flora; Yeung, Horace; University of Leicester (Springer, 2016)
      This chapter has the objective to consider the legal implications of negative economic trends under English contract law in the aftermath of the global Financial Crisis of 2007–2008. Unlike other jurisdictions, most notably in civil law countries, the English position in the law governing a fundamental change in circumstances has remained narrow, that is, no relief will be granted unless it is an exceptional situation. The English courts deal with the issue either by the doctrine of frustration or through construing contractual force majeure provisions. Following the crisis, indeed there have been an increasing number of cases going down these avenues. Apart from relying on frustration or force majeure clause, another emerging phenomenon is that there has been a growth in allegations of misrepresentation and therefore requesting a rescission of contract. In either case, the aim of claimants is apparently trying to bring the contractual obligations to an end.
    • Shareholder protection in China from a numerical comparative law perspective

      Huang, Flora; Yeung, Horace; University of Essex; University of Leicester (Oxford Academic, 2019-04-16)
      The traditional approach in legal comparative research is doctrinal rule based. A relatively recent breakthrough has been the use of econometric techniques in comparing the extent of success in different jurisdictions with respect to, for example, protecting shareholders. The meshing of legal research and econometrics is known as ‘leximetrics’. One of the most prominent and widely cited use of leximetrics is the seminal study by Rafael La Porta and colleagues on the correlation between shareholder protection and financial development. The study, though highly influential, has attracted various criticisms. Subsequent studies have sought to build on the study by coming up with improved research design. For example, using a panel data set covering a range of developed and developing countries, researchers from the Cambridge Centre for Business Research have discovered that a significant upward movement in the level of shareholder protection was made by China between 1990 and 2013. It has been suggested that, during this period, China experienced the ‘biggest increase in shareholder protection’ among 30 countries studied, and China was amongst the top performers (along with France and Russia) in shareholder protection in 2013, performing even better than the United Kingdom and the USA. At the same time, the World Bank’s Protecting Minority Investors Index, which forms part of its Doing Business reports, has recently painted a rather opposite picture, in contrast to the positive assessment by the Centre for Business Research, by putting China in the 119th position out of 190 countries, which indicates a very mediocre performance. This article seeks to address the question of whether and how the two studies, both employing leximetric techniques and examining an ostensibly similar issue, can point to discrepant results.
    • Institutions and economic growth in Asia: The case of mainland China, Hong Kong, Singapore and Malaysia

      Huang, Flora; Yeung, Horace; University of Essex (Routledge, 2018-04-03)
      This book explores the role of institutions in economic growth, looking in particular at specific Asian countries and at particular cities within those countries. It considers a wide range of factors besides institutions, including the law, cultural factors and overall government arrangements. The differences between the countries studied are highlighted, and the impact of these differences assessed: the impact of English common law on arrangements in Hong Kong, Singapore and Malaysia; sharia law in Malaysia; the differing lengths of time of colonial rule; the extent to which Chinese family businesses control an economy. Also studied are the degree to which the law is effectively applied, and a range of other social, economic and cultural factors. The book’s conclusions as to which factors have the greatest impact will be of considerable interest to economists of Asia and those interested in economic growth more widely.
    • One country two systems as bedrock of Hong Kong's continued success: Fiction or reality?

      Huang, Flora; Yeung, Horace; University of Essex (Boston College, 2015-05-01)
      Despite the handover of sovereignty over Hong Kong from the United Kingdom to China in 1997, the principles of “one country two systems” reaffirmed the autonomy of Hong Kong in a number of respects. In accordance with the Sino-British Joint Declaration and Basic Law of Hong Kong, the city is able to enjoy a high degree of autonomy over the systems and policies practiced locally, including social and economic systems, as well as the executive, legislative and judicial systems. Additionally, with its image as a robust financial market largely thanks to the institutions inherited from its colonial era, Hong Kong is able to attract a number of financial activities from China and has firmly established itself as a leading international financial center. Nonetheless, there have been concerns that the advantages of Hong Kong started to fade after its reunification with China. This Article seeks to analyze how Hong Kong’s capitalist system shields the city from the socialist system of China under the principles of “one country two systems,” allowing the city to maintain its position as a premier financial center. It explores the regulatory gap between Hong Kong and China, illustrating that Hong Kong’s strength stems from the operation of a strong company and financial law regime independent of the legal regime in China.
    • Coordinated efforts to regulate overseas listed Chinese companies: a historical perspective and recent developments

      Huang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor & Francis, 2017-07-04)
      Prestigious financial centres have attracted a number of Chinese companies seeking liquidity and international exposure (an example being the record- breaking IPO of Alibaba in the US). This article seeks to explore how the regulatory cooperation of securities commissions can be a solution to the concerns arising from the regulation of these companies, given the perceived weaknesses in the governance of Chinese companies and the difficulties of cross-border enforcement. One notable example of regulatory cooperation can be seen in how the regulators in Hong Kong and China have worked closely together. Meanwhile, other overseas exchanges have started to pay more attention to the regulatory issues arising from Chinese listings. In the literature on cross-listing, this paper is the first to present a holistic approach, taking into account both the importance and the popularity of cross-listing as well as the most recent regulatory challenges and solutions.
    • First-generation immigrant judgements of offence seriousness: evidence from the crime survey for England and Wales

      Los, Greg; Ignatans, Dainis; Pease, Ken; University of Kent; University of Huddersfield; University College London (Springer, 2017-03-17)
      This exploratory paper delves into differences and similarities in the rated seriousness of offences suffered by victims of different national origins. The issue is important because a mismatch between police and victim assessments of seriousness is likely to fuel discord. It was found that first-generation immigrants did not differ in their rating of the seriousness of offences against the person from either the indigenous population or according to region of birth. However, those of Asian origin rated vehicle and property crime they had suffered as more serious than did other groups about crimes they suffered. The anticipated higher seriousness rating of offences reported to the police was observed for all groups. People of Asian origin reported to the police a smaller proportion of offences they rated trivial than did people in other groups. Analysis of seriousness judgements in victimization surveys represents a much-underused resource for understanding the nexus between public perceptions and criminal justice responses.
    • Do parents have a right to determine where a child patient dies?

      Cherkassky, Lisa; University of Derby (Trivent Publishing, 2019-08)
      This chapter will explore whether parents have the legal right to take their gravely ill child home to die in peace surrounded by family. Public anger surrounding the recent cases of Charlie Gard and Alfie Evans suggests that it is morally wrong to deprive parents of this final wish when medical treatment is futile and travel abroad for treatment has been ruled out. The judgments of Judge Francis (Gard) and Lady Justice King (Re C) will be examined to reveal the legal avenues available to parents of gravely ill children and whether their final wish to take their child home should be afforded more weight in futile cases.
    • Y v A Healthcare Trust and the Mental Capacity Act 2005: taking gamete retrieval to the bank

      Cherkassky, Lisa; University of Derby (Sweet & Maxwell, 2019-04)
      Comments on the application in Y v A Healthcare NHS Trust (CP) of the best interests test set out in the Mental Capacity Act 2005 s.4 to the retrieval of sperm from a man suspected of being brainstem dead, and the approach to consent to storage and use in fertility treatment by his wife. Questions whether a construction of best interests which extends to potential wishes is appropriate in the strictly regulated context of assisted conception.
    • Witnesses’ verbal evaluation of certainty and uncertainty during investigative interviews: Relationship with report accuracy

      Paulo, Rui; Bull, Ray; Albuqurque, Pedro; Derby University (Springer, 2019-06-07)
      The Enhanced Cognitive Interview (CI) is a widely studied method to gather informative and accurate testimonies. Nevertheless, witnesses still commit errors and it can be very valuable to determine which statements are more likely to be accurate or inaccurate. This study examined whether qualitative confidence judgments could be used to evaluate report accuracy in a time-saving manner. Forty-four participants watched a mock robbery video and were interviewed 48 h later with a revised CI. Participants’ recall was categorized as follows: (1) evaluated with very high confidence (certainties), (2) recalled with low-confidence utterances (uncertainties), or (3) recalled with no confidence markers (regular recall). Certainties were more accurate than uncertainties and regular recall. Uncertainties were less accurate than regular recall; thus, its exclusion raised participants’ report accuracy. Witnesses were capable of qualitatively distinguishing between highly reliable information, fairly reliable information, and less reliable information in a time-saving way. Such a distinction can be important for investigative professionals who do not know what happened during the crime and may want to estimate which information is more likely to be correct.