Kelley Loper

DEPARTMENT OF LAW

Associate Professor

Fellow, Centre for Comparative and Public Law

BA (Yale)
LLM (HKU)

Biography

Kelley Loper is Director of the LLM in Human Rights Programme and Co-Editor-in-Chief of the Asia-Pacific Journal on Human Rights and the Law. She also sits on the advisory board of the Berkeley Center on Comparative Equality and Anti-Discrimination Law and was previously Director of the Centre for Comparative and Public Law Her work centres on the implementation of international human rights law in domestic contexts, especially Hong Kong. She has researched and published on several related topics including: UN human rights treaties and refugee protection in Asia; the rights to education and legal capacity in the Convention on the Rights of Persons with Disabilities; sexual orientation and gender identity discrimination; public opinion on the rights of same-sex couples; dignity as a constitutional value; and gender constitutionalism. She teaches courses on international human rights law and equality and non-discrimination. In addition to her academic work, she has also served on the boards of the Hong Kong Dignity Institute, the Hong Kong Refugee Advice Centre (as past Chairperson), Justice Centre Hong Kong, and Amnesty International (Hong Kong). She has advised various other organisations including the UNHCR, UN Women, and Hong Kong Human Rights Monitor on a range of issues.

Research Area

Human Rights
International Refugee Law
Equality Law

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SSRN
ORCID
HKU Scholars Hub

Courses Taught

Selected Publications

International and Regional Protection of Human Rights

Equality and Non-discrimination

International Protection of Refugees and Displaced Persons

National Protection of Human Rights

Hong Kong Legal System

Academic Publications

Gender, Sexuality and Constitutionalism in Asia (Hart Publishing, forthcoming) (co-edited with Wen-Chen Chang, Mara Malagodi & Ruth Rubio-Marín, eds.)

“Gender and Constitutionalism in Hong Kong” in Wen-Chen Chang, Kelley Loper, Mara Malagodi & Ruth Rubio-Marín (eds.), Gender, Sexuality and Constitutionalism in Asia (Hart Publishing, forthcoming).

“Gender Constitutionalism in Asia: A Comparative Framework” in Wen-Chen Chang, Kelley Loper, Mara Malagodi & Ruth Rubio-Marín (eds.), Gender, Sexuality and Constitutionalism in Asia (Hart Publishing, forthcoming) (with Ruth Rubio-Marín, Wen-Chen Chang & Mara Malagodi).

“Introduction to the Special Section on Contemporary Challenges in Equality Law” (2023, vol 24, issue 2) Asia-Pacific Journal on Human Rights and the Law (forthcoming).

“Equality, Dignity, and Same-Sex Marriage: Developments in Hong Kong” (2023) 53 Hong Kong Law Journal 37.

“Intersecting Crises and Exponential Inequalities: The View from Hong Kong” in Shreya Atrey & Sandra Fredman (eds.), Exponential Inequalities: Equality Law in Times of Crisis (OUP, 2023).

“Dignity as a Constitutional Value in Hong Kong: Toward a Contextual Approach?” in Jimmy Chia-Shin Hsu (ed.), Human Dignity in Asia: Dialogue between Law and Culture (CUP, 2022).

“Academic Freedom in the Shadow of Hong Kong’s National Security Law” in Fu Hualing & Michael Hor (eds.), Hong Kong’s National Security Law: Restoration and Transformation (HKU Press, 2022) (with Carole J. Petersen).

“Legal Capacity and the Convention on the Rights of Persons with Disabilities: An Alternative Framework to Promote Law Reform in Hong Kong and Beyond” (2021) 16 Journal of Comparative Law 692 (with Carole J. Petersen).

“Introduction: The Rohingya and the Andaman Sea Crisis: Six Years On” (2021) 22 Asia Pacific Journal on Human Rights and the Law 1 (with Madeline Gleeson).

“Right to Equality and Non-discrimination” in Johannes Chan & C.L. Lim (eds.), Law of the Hong Kong Constitution (3^rd ed., Sweet & Maxwell, 2021) 1031 (1^st & 2^nd eds., 2011 & 2015).

“The European Union as Promoter of Equality in Asia: Beyond Economic Tools of Influence” in Thomas Giegerich (ed.), The European Union as a Protector and Promoter of Equality (Springer, 2020) 487 (with Holning Lau).

“The Courts, Societal Consensus, and the Rights of Lesbian, Gay, Bisexual and Transgender Persons: A Hong Kong Perspective” (2019) 20 Australian Journal of Asian Law 39.

“Human Rights and Substantive Equality: Prospects for Same-Sex Relationship Recognition in Hong Kong” (2019) 44 North Carolina Journal of International Law 273.

“Book Review: Eva Pils, Human Rights in China, A Social Practice in the Shadows of Authoritarianism” (2018) 16 International Journal of Constitutional Law 730.

“Contextual Factors Associated with Consistent Condom Use and Condom Self-efficacy amongst African Asylum Seekers and Refugees in Hong Kong” (2018) 23 Infection, Disease and Health 23 (with William Chi Wai Wong, Sealing Cheng, Heidi Yin Hai Miu, Jason J. Ong & Julie Chen).

“Assessing the Tongzhi Label: Self-Identification and Public Opinion” (2017) 64(4) Journal of Homosexuality 509 (with Holning Lau, Geoffrey Yeung, Rebecca L. Stotzer & Charles Lau).

“Mental Health of African Asylum-seekers and Refugees in Hong Kong: Using the Social Determinants of Health Framework” (2017) 17 BMC Public Health 153 (with William Chi Wai Wong, Sealing Cheung, Heidi Yin Hai Miu, Julie Chen & Eleanor Holroyd).

“Afﬁrmative Action and Hong Kong Discrimination Law” in David B. Oppenheimer, Sheila R. Foster, Sora Y. Han & Richard T. Ford, Comparative Equality & Anti-Discrimination Law (2nd ed, Comparative Equality Press, 2017) 271.

“A Lost Tribe in the City: Health Status and Needs of African Asylum Seekers and Refugees in Hong Kong” (2016) 15 International Journal for Equity and Health 158 (with William Chi Wai Wong, Sealing Cheng, Eleanor Holroyd, Julie Chen, Lynn Tran & Heidi Yin Hai Miu).

“The Protection of Asylum Seekers in East Asian State Parties to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol” in Ademola Abass & Francesca Ippolito (eds.), Regional Approaches to the Protection of Asylum Seekers: An International Legal Perspective (Ashgate, 2014) 347.

“Equal Opportunities Law Reform in Hong Kong: The Impact of International Norms and Civil Society Advocacy” in Michael Tilbury, Simon N.M. Young & Ludwig Ng (eds.), Reforming Law Reform: Perspectives on Law Reform Processes in Hong Kong and Beyond (HKU Press, 2014) 173 (with Carole J. Petersen).

“Public Opinion in Hong Kong about Gays and Lesbians: The Impact of Interpersonal and Imagined Contact” (2014) 26(3) International Journal of Public Opinion Research 301 (with Holning Lau & Charles C. Lau).

“Prospects for Refugee Rights in Hong Kong: Toward the Legalization and Expansion of Protection from Refoulement” in Angus Francis & Rowena Maguire (eds.), Protection of Refugees and Displaced Persons in the Asia Pacific Region (Ashgate, 2013) 75.

“Constitutional Adjudication and Substantive Gender Equality in Hong Kong” in Beverley Baines, Daphne Barak-Erez & Tsvi Kahana (eds.), Feminist Constitutionalism: Global Perspectives (CUP, 2012) 149.

“Minority Language Rights and Education in China: The Relevance of Human Rights Law and Substantive Equality” in Gulbahar H. Beckett & Gerard A. Postiglione (eds.), China’s Assimilationist Language Policy: The Impact on Indigenous/Minority Literacy and Social Harmony (Routledge, 2012) 207.

“Substantive Equality in International Human Rights Law and its Relevance for the Resolution of Tibetan Autonomy Claims” (2011) 37 North Carolina Journal of International Law and Commercial Regulation 1.

“W v Registrar of Marriages and the Right to Equality in Hong Kong” (2011) 41 Hong Kong Law Journal 89.

“Application of Anti-discrimination Legislation” in Duncan Abate & Hong Tran (eds.), Discrimination Law & Practice in Hong Kong (Sweet & Maxwell, 2011) 6.

“Reflections on a Master of Laws in Human Rights Program in Asia” in Human Rights Education in Asia-Pacific, Volume 2 (Osaka: Asia-Pacific Human Rights Education Center, 2011) 215.

“Human Rights, Non-refoulement and the Protection of Refugees in Hong Kong” (2010) 22 International Journal of Refugee Law 404.

“Equality and Inclusion in Education for Persons with Disabilities: Article 24 of the Convention on the Rights of Persons with Disabilities and its Implementation in Hong Kong” (2010) 40 Hong Kong Law Journal 417.

“Is There Space for ‘Genuine Autonomy’ for Tibetan Areas in the PRC’s System of Nationalities Regional Autonomy?” (2010) 17 International Journal on Minority and Group Rights 137 (with Yash P. Ghai & Sophia Woodman).

“Discrimination Law”, in Rick Glofcheski & Farzana Aslam (eds.), Employment Law and Practice in Hong Kong (1^st and 2^nd eds., Sweet & Maxwell 2010 and 2016) 303.

“Toward Comprehensive Refugee Legislation in Hong Kong? Reflections on Reform of the ‘Torture Screening’ Procedures” (2009) 39 Hong Kong Law Journal 253.

“One Step Forward, Two Steps Back? The Dilemma of Hong Kong’s Draft Race Discrimination Legislation” (2008) 38 Hong Kong Law Journal 15.

“A Secession Offence in Hong Kong and the ‘One Country, Two Systems’ Dilemma” in Fu Hualing, Carole J. Petersen and Simon N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong’s Article 23 Under Scrutiny (HKU Press, 2005) 189.

“The Right to Self-Determination: Recent Developments in International Law and their Relevance for the Tibetan People” (2003) 33 Hong Kong Law Journal 167.

“The Montagnard Asylum Seekers: The Importance of Protecting the Human Rights of Refugees” (2003) ISIL Yearbook of International Humanitarian and Refugee Law 135.

Consultancy Studies, Policy Reports and Policy Submissions

“Support in Hong Kong for Same-sex Couples’ Rights Grew Over Ten Years (2013-2023): 60 Percent in Hong Kong Now Support Same-Sex Marriage”, Centre for Comparative and Public Law (2023) (with Holning Lau & Suen Yiu-Tung).

“Public Interpretation Services for Ethnic Minorities in Hong Kong”, Study for the Hong Kong Equal Opportunities Commission (2021) (with Eva Ng & Jannie Leung).

“Public Attitudes Towards Transgender People and Anti-discrimination Legislation”, Centre for Comparative and Public Law (2019) (with Holning Lau, Charles Lau & Suen Yiu-Tung). (Chinese version: 公眾對跨性別人士及保障跨性別人士的反歧視立法之民意調查).

“Support in Hong Kong for Same-sex Couples’ Rights Grew Over Four Years (2013-2017)”, Centre for Comparative and Public Law (2018) (with Holning Lau, Charles Lau & Suen Yiu-Tung). (Chinese version: 對同性伴侶權利的支持度有所提升, 目前超過半數市民支持同性婚姻).

“Submission to the United Nations Committee on the Elimination of all Forms of Racial Discrimination”, Centre for Comparative and Public Law (2018).

“Submission to the Hong Kong Government’s Inter-departmental Working Group on Gender Recognition”, Centre for Comparative and Public Law (2017).

“Submission for the Public Consultation on the Equal Opportunities Commission’s Discrimination Law Review”, Centre for Comparative and Public Law (2014) (with Antonio DaRoza & Farzana Aslam).

“Public Attitudes Towards Gays and Lesbians and Towards Sexual Orientation Discrimination Legislation”, Centre for Comparative and Public Law (2014) (with Holning Lau & Charles Lau).

“Research Shows a Majority of People in Hong Kong Support Gay and Lesbian Couples’ Rights, Not Necessarily Marriage”, Centre for Comparative and Public Law (2014) (with Holning Lau & Charles Lau) (Chinese version: 研究表明香港市民雖較少支持同性婚姻，但多數支持同性伴侶權利).

“Submission to the Hong Kong Legislative Council: Ways to Improve the Situation of Refugees, Torture Claimants and Asylum Seekers in Hong Kong”, Centre for Comparative and Public Law (2013) (with Simon N.M. Young & Puja Kapai).

“UNHCR and The Protection of Refugees in Hong Kong: Legal and Political Developments and Prospects for Government Acceptance of Protection Responsibility”, Consultancy Study for the United Nations High Commissioner for Refugees (2012).

“Equality Law and Inclusion in Education: Recommendations for Legal Reform”, Centre for Comparative and Public Law (2010).

“Submission to the Hong Kong Legislative Council Panel on Public Service on Language Proficiency Requirements”, Centre for Comparative and Public Law (2010).

“The Rights of Refugees and Asylum Seekers in Hong Kong”, Consultancy Report for Amnesty International (Hong Kong) (2009).

“Alternative Report to the UN Committee on the Elimination of all Forms of Racial Discrimination”, Centre for Comparative and Public Law (2009).

“Hong Kong’s Draft Race Discrimination Legislation”, Briefing Paper for the UN Committee on the Elimination of all Forms of Racial Discrimination, Centre for Comparative and Public Law (2008).

“Submission to the Hong Kong Legislative Council on Hong Kong’s International Legal Obligations toward Refugees and Asylum Seekers”, Centre for Comparative and Public Law (2006).

“China’s Constitutional and Legal Framework for Autonomy: Limitations and Possibilities for Tibetan Negotiations”, Consultancy Study for the Tibetan Parliament and Policy Research Centre (2005) (with Yash P. Ghai & Sophia Woodman).

“An External Study of Refugee Law and Practice in the Hong Kong SAR”, Consultancy Study for the United Nations High Commissioner for Refugees (2005) (with Roda Mushkat).

“Race and Equality: A Study of Ethnic Minorities in Hong Kong’s Education System” (2004) Centre for Comparative and Public Law Occasional Paper Series.

“Submission to the Legislative Council, the Department of Justice, and the Security Bureau of the Hong Kong SAR on the National Security (Legislative Provisions) Bill”, Centre for Comparative and Public Law (2003) (with Fu Hualing, Carole J. Petersen & Simon N.M. Young).

“Submission on the Proposals to Implement Article 23 of the Basic Law”, Centre for Comparative and Public Law (2002) (with Carole J. Petersen).

“Submission to the Home Affairs Bureau, Hong Kong SAR Government, on Racial Discrimination in Hong Kong”, Centre for Comparative and Public Law (2002).