Per incuriam: the decision on the overtime claim in Leung Ka Lau v Hospital Authority

In Leung Ka Lau v Hospital Authority the plaintiffs were doctors who claimed compensation for, inter alia, enforced overtime extracted without pay from them by their employer, the defendants. The Court of First Instance, the Court of Appeal and the Court of Final Appeal dismissed their overtime claims on purely the terms of their contracts of employment. This paper argues that the decisions of all three courts on the overtime claims were made per incuriam because their attention was not drawn to the applicable statutory provisions which would have invalidated the contractual provisions on which the courts rested their decisions. The paper sketches the socio-economic and ethical basis of overtime work and pay before proceeding to analyse the common law (contractual) basis of the judgments, traces the history as well as undertakes construction of the statutory provisions which, if taken into account, would have seen the plaintiffs succeeding.

Community integration or community exposure? A review and discussion in relation to people with an intellectual disability

Background: This paper reviews the issue of integration as it applies to people with an intellectual disability. A compelling finding is the almost exclusive orientation of the literature to physical integration within the general community of non-disabled people. Moreover, it seems to be generally assumed that the more frequently people experience such integration the better their lives will be. Methods: We question the validity of this assumption on several grounds. It is social, not physical integration, that has a reliable positive influence on well-being. This is an important conclusion as some disabled people find effective social integration with the general community extremely difficult to achieve. Because of this, the consequences of an overly enthusiastic program of integration for such people has more potential to be more stressful than beneficial. Results: We further argue that, as integration is being pursued to benefit the individual, the essential goal of service provision should be to achieve a sense of community connectedness, rather than being concerned with physical integration within the general community.
Conclusion: It is proposed that such connectedness is more likely to be achieved within the community of people with an intellectual disability.

Cluster housing and the freedom of choice: a response to Emerson (2004)

Comments on the study of people with an intellectual disability. Inferiority of the standard of various objectively measured variables for the people living in cluster housing; Behavior of people living in cluster housing; Consideration of a study that compared pensioners with socialites on the extent of their social networks.

HRQOL and subjective well-being: noncomplementary forms of outcome measurement

This review considers some of the broad principles that concern quality of life assessment. These are discussed in relation to health-related quality of life (HRQOL) and the measurement of subjective well-being. It is argued that there are serious logical and methodological issues concerning HRQOL measurement, to the extent that the instruments may not be regarded as valid measures of life quality as this term is generally understood. It is recommended that HRQOL measurement be abandoned in favor of three separate forms of measurement as medical symptoms, subjective well-being and specific dimensions of psychological ill-being.

Culture-specific variation in the flavor profile of soymilks

A modified quantitative descriptive analysis (QDA) method was used to determine sensory profiles of 8 soymilk products: 3 manufactured in Australia, 3 manufactured in Singapore, 1 manufactured in Malaysia, and 1 manufactured in Hong Kong. A panel (n= 7) was selected, trained in descriptive profiling of soymilk, and developed a soymilk language that was used to evaluate the flavor attributes of the soymilk products. A repeated-measure ANOVA showed highly reproducible panel performance, and significant differences in soymilk attributes among all soymilks. A principal component analysis (PCA) revealed 2 main groupings among the soymilks that corresponded to cultural origin: Australia and Asia (Singapore and Hong Kong/Malaysia). Products from Australia were significantly stronger in milky, astringent, salty notes and pale in color, while products from Asia were significantly stronger in beany, cooked beans, sweet, and pandan notes (P < 0.05). In addition, the Asian soymilks could be separated into 2 subgroups, with Singaporean soymilks having deeper color, greater viscosity, and less green flavor than Hong Kong/Malaysia soymilks. Australian produced soymilk is bovine-milk-like compared with Asian soymilk, presumably due to bovine milk being the primary source of milk in Australia. We conclude that culture-specific flavor preferences are a determining factor in flavor profiles of soymilks from geographically distinct regions.

Easy, cheap and true : the case for promoting the Curwen method of teaching choral singing in developing countries

The Curwen method (Tonic Sol-fa) was developed by the Rev. John Cunven in England from the 1840s originally as a means of teaching music reading from staff notation. However, in the 1872 Standard Course, staff notation was dispensed with altogether in favour of Tonic Sol-fa "letter" notation. By the end of the century, Tonic Sol-fa had spread from Britain to many overseas countries. Although aspects were later incorporated into staff-based teaching
systems such as the Kodaly approach and the "New Curwen Method", Tonic Sol-fa in its late nineteenth century ' form has been "extinct" in Britain for several decades. Nevertheless, it is "alive and well", indeed flourishing, in certain African, Asian and Pacific countries. This paper analyses the Tonic Sol-fa system in terms of contemporary pedagogical practice and notational theory. The paper also reports on the use of Tonic Sol-fa in two countries - South Africa and Fiji - where it is now the mainstay of community choral music. It is argued that, particularly for developing countries, the Curwen method and its letter notation should be seriously considered as an alternative to staff notation methods as a highly effective means of promoting school and community choral singing.

Cross cultural engagement: teaching African music to Australian students

This paper reports on research that examined the effectiveness of introducing rhythmic concepts through an unfamiliar musical genre to Australian generalist prim my teacher education students. The genre selected was African music, in particular action songs, dance and instrumental improvisation. The methodologies of Orff, Kodaly and Dalcroze were taught through the repertoire of African music in order to foster a closer relationship between pedagogical theory and practice and to teach rhythm through cross-cultural engagement. Through analyses of questionnaire and interview data, it was demonstrated that African music had a positive effect on students' conjidence as non-specialists music teachers and enhanced their skills in staff, sol-fa, hand notation and performance. Also students were not only highly motivated to engage with this new musical genre, but also gained an increased understanding of African culture. It is argued that African music was perceived by students not so much as a "novelty", but as a source of genuine motivation, interest and enjoyment. Its potential for extending student understanding of rhythm as well as taking a significant step towards internationalizing the curriculum for a cohort of predominantly Anglo-Celtic, pre-service teachers is also explored.

Parents' perception of the quality of life of preschool children at risk or having developmental disabilities.

Despite increased concern for the health related quality of life (HRQOL) of people with disabilities, little is known about the HRQOL of children with developmental disabilities. The present study aimed to explore the HRQOL of children who were at risk or having developmental disabilities in Hong Kong. Using the parent-reported Chinese Pediatric Quality of Life Inventory (PedsQL), the HRQOL of 173 children (2–4 years) with signs of delays in development was contrasted with that of 132 children with typical development. We found that those who exhibited high risk of developing a developmental disability had significantly lower overall well-being (76.3 ± 13.7 vs. 84.2 ± 11.3; p<0.001) and psychosocial health (71.3 ± 15.6 vs. 82.5 ± 12.9; p<0.001) but not necessarily physical health. The findings are consistent with previous findings in children with different disabilities and chronic illnesses. They suggest children at risk or having DDs need help in restoring their quality of life up to the standard experienced by their healthy peers, particular in psychosocial aspects such as social functioning, emotion functioning, and school functioning.