
Email
SSRN
ORCID
HKU Scholars Hub
609, Cheng Yu Tung Tower
Faculty of Law
Centennial Campus
The University of Hong Kong
Pokfulam Road, Pokfulam
Hong Kong
Puja Kapai
Department of Law
Associate Professor of Law
Master of Laws (LLM), Harvard Law School
Postgraduate Certificate in Laws (PCLL), The University of Hong Kong
Bachelor of Laws (LLB), The University of Hong Kong
Barrister of the High Court of the Hong Kong SAR (non-practising)
Biography
Puja Kapai joined the University of Hong Kong in 2005. She is currently Deputy Director of the Summer Social Justice Institute, and Assistant Professor of Law at the University of Hong Kong. She is also a Visiting Research Fellow with the University of New South Wales, Australia. She is serves as the Co-Convener of the Emerging Strategic Research Theme on Diversity Studies at the University of Hong Kong and as an Editor of the Hong Kong Law Journal.
Most recently, she completed a Visiting Fellowship with the Asian Legal Institute at the National University of Singapore where she presented a seminar entitled “Building Inclusive and Just Societies: the Role of Deliberative Theory and Substantive Equality.”
She serves on the Board of Directors of the Asian Migrants Centre in Hong Kong and is a Consultant to Hong Kong Christian Action with whom she co-developed the EMPower Program. EMPower is a programme deisgned to build the capacities of minority ethnic communities in Hong Kong to engage in community dialogues and to enhance their capacity for service to the ethnic minority community through training in cultural sensitivity and cultural diversity.
Puja teaches Multiculturalism and the Law, Law & Society and the Hong Kong Legal System. Her research interests include international human rights law, equality law, minority rights, ethnicity, gender and the law, identity politics, paradigms of social justice, equality in deliberative politics and civic participation and domestic violence. Her most recent publications include “The Doctrine of Substantive Equality and the Democratisation of Diversity”, “Minority Women: A Struggle for Equal Protection Against Domestic Violence”, “The Hong Kong Equal Opportunities Commission: Calling for a New Avatar,” and “The Same Difference: Protecting Same-Sex Couples Under the Domestic Violence Ordinance.”
Research Area
- Equality Law
- Human Rights
- Law and Religion
more details

Email
SSRN
ORCID
HKU Scholars Hub
609, Cheng Yu Tung Tower
Faculty of Law
Centennial Campus
The University of Hong Kong
Pokfulam Road, Pokfulam
Hong Kong
Teaching
Appointments
Publications
Conferences & Invited Lectures
Research Grants & Funded Projects:
Supervision
Creative Research Output / Community Initiatives
Administrative Duties
Additional Educational Initiatives
Current Teaching
Multiculturalism & the Law (LLB/LLM), Legal System of Hong Kong (LLB), Legal Systems (Juris Doctor)
Past Teaching
Legal System & Legal Methods (LLM (ADR)), Law & Society (LLB), Contract Law (LLB), Prevention of Family Violence (Broadening Course), Ethnic Minorities in Hong Kong (Guest Lecturer), Economic Social and Cultural Rights (Guest Lecturer), Legal Research and Writing (LLB)
2006 – present: Assistant Professor, Faculty of Law, The University of Hong Kong
2010 – present: Deputy Director, Center for Comparative and Public Law, The University of Hong Kong
2009 – 2012: Visiting Research Fellow, University of New South Wales, Australia
Feb – Mar 2010: Fellow, Asian Law Institute, National University of Singapore
2005 – 2006: Senior Teaching Assistant, Faculty of Law, The University of Hong Kong
Articles
Kapai P., The Hong Kong Equal Opportunities Commission: Calling for a New Avatar, (2009) Hong Kong Law Journal,Vol. 39(2) pp. 339 – 359.
Kapai P., The Same Difference: Protecting Same-Sex Couples Under the Domestic Violence Ordinance, (2009) 4(1) Asian Journal of Comparative Law, Article 9, pp. 237-269.
Kapai P., and Cheung A.S.Y., Hanging in a Balance: Freedom of Expression and Religion, (2009) 15 Buffalo Human Rights Law Review.
Kapai P., The New Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: An Effective Mechanism for Justiciability? (2008) 2 Soochow Law Journal, 83-112.
A Cheung & P Kapai, In Search of a Balance Between Freedom of Speech and Freedom of Religion, (2008) 2 Shantou University Law Review 236-277 (in Chinese).
Book Chapters & Commissioned Reports
Kapai P., “The Doctrine of Substantive Equality and the Democratisation of Diversity” (M Kearney (ed.) From Conflict to Recognition: Moving Multiculturalism Forward, Inter-Disciplinary.net, (forthcoming, September 2010).
Kapai P., “Building Inclusive and Just Societies: the Role of Deliberative Theory and Substantive Equality” (Asian Legal Institute Working Paper Series, National University of Singapore (forthcoming, October 2010).
Kapai P., Multiple Influences: Courting Culture in the Doctrine of Undue Influence, in Kapai P., (ed.), Reciprocity in Contract, Hochelaga Lecture Series 2009, Faculty of Law,The University of Hong Kong (forthcoming, November, 2010).
Kapai P. Minority Women: A Struggle for Equal Protection Against Domestic Violence, in Beverley Baines, Daphne Barak-Erez, Tsvi Kahana (eds.), International Feminist Constitutionalism, (Cambridge University Press: forthcoming, 2010).
Kapai P, Legislation and Government Schemes: India, China, Singapore, Japan and Hong Kong SAR, in Community Business Asia (NGO), Ageing Workforce in Asia, (May 2010) (chapter contribution).
Kapai P. The Right to Freedom of Religion in the Hong Kong SAR, in Johannes MM Chan & Lim Chin Leng (eds.), Hong Kong Constitutional Law, (forthcoming, 2010).
Books / Edited Volumes
Kapai P., (ed.), Reciprocity in Contract, Hochelaga Lecture Series 2009, Faculty of Law,The University of Hong Kong (forthcoming, 2010).
Kapai P. (ed.), Competition Law in the 21st Century, Hochelaga Lecture Series 2007, Faculty of Law, The University of Hong Kong (forthcoming).
Kapai P. (ed.), The Ethics and Politics of Compassion and Capabilities, The Ethics and Politics of Compassion and Capabilities, Hochelaga Lecture Series 2005, Faculty of Law, The University of Hong Kong (2006).
Invited Lectures
Building Inclusive and Just Societies: the Role of Deliberative Theory and Substantive Equality, Asian Legal Institute Fellow‘s Seminar 2010, Faculty of Law, National University of Singapore, 2010.
Substantive Equality and the Democratisation of Diversities, South to South Regional Symposium on Constitution Building, “Constitutional Design for Diversity and Conflict” (organised by International Institute for Democracy and Electoral Assistance (IDEA) in partnership with the Non-Aligned Movement Centre for South – South Technical Cooperation), Jakarta, October 2009.
Multiple Influences: Courting Culture In The Doctrine of Undue Influence, Reciprocity in Contract, Hochelaga Lectures, Faculty of Law, University of Hong Kong, 2009.
Diversity and Multiculturalism in the Workplace, Corporate Social Responsibility in Asia, September 2009.
Minority Rights and Public Interest Litigation in Asia, Public Interest Litigation in Asia, Centre for Comparative and Public Law, The University of Hong Kong, August 2009.
The Right to Freedom of Religion in the HKSAR, Hong Kong Constitutional Law, Workshop, Faculty of Law, the University of Hong Kong, 2009.
The Need to Reconceptualise Notions of Justice for Asian Women, International Scholars Research Workshop: University of New South Wales, Sydney, February 2009.
The Need to Reconceptualise Notions of Justice for the Asian Woman, The Common Law Tradition in Asia, HKU-NUS-SMU Symposium, December 2008.
The Intersectionality of Law, Religion, Culture and Family, Law X: Law and Interdisciplinary Studies, Faculty of Law, HKU, October 2008.
The New Optional Protocol to the ICESCR: An Effective Mechanism for Justiciability, Conference on International and Comparative Law 2008 Soochow University School of Law & Chinese Society of Comparative Law, Taipei, Taiwan, 2008.
The Still Existing Influence of the Common Law on the Legal System of Hong Kong, Faculty of Law, University of Trier, May 2008.
Conference Papers
Legal Pluralism in Asia, University of North Carolina (upcoming, January 2011).
God’s Laws in Caesar’s Courts: Delivering Justice through Deliberative Decision Making, Subjects Before the Law, Postgraduate Workshop, University College Cork, Cork, Ireland, September 2010.
Diversity Mainstreaming and the Politics of Belonging: Addressing Diversity Through Law and Policy, Research Workshop on Understanding and Addressing Diversity in Hong Kong, 2010.
The Doctrine of Substantive Equality and the Democratization of Diversities, 3rd Global Conference, Inter-Disciplinary.net: Multiculturalism, Conflict and Belonging, Mansfield College, Oxford, England, October 2009.
The Challenge of Diversity: Minority Rights, Dignity and Liberal Democracies, Fourth International Conference on Interdisciplinary Social Sciences (2009), Athens, Greece, July 2009.
Calibrating Fundamental Rights: An Impossible Choice for Religious and Cultural Minorities, International Feminist Constitutionalism, Queen’s University, Kingston, Canada, February 2009.
The Need to Reconceptualise Notions of Justice the Asian Woman, The Future of Asian Feminisms: Confronting Fundamentalisms, Conflict and Neoliberalism, Kartini Network Asia, November 2008.
The Challenge of Diversity: Human Rights, Human Dignity and Liberal Democracies, 2008 Montreal Joint Meetings of CLSA and LSA, Law and Society Association, May 2008.
Universal Human Rights? Problems, Politics and Prospects, Multiculturalism and the Law, Faculty of Law, University of Malaya, May 2008.
Settling the Liberalism’s Holy War Against the Holy (in Chinese), Law and Religion Conference, Beijing, November 2006 (with Dr. Anne Cheung).
International Human Rights Law in the Asian Context, International Law Scholars Expert Meeting 2006, University of New South Wales, Sydney Australia, October 2006.
The Internationalisation of Human Rights: Problems, Politics and Prospects, Asian Law Institute Conference 2006, Shanghai , May 2006.
Organisation |
Title |
Funding |
Outcome |
|
1. |
Seed Funding for Basic Research |
Enhancing Legal and Policy Measures to Combat Domestic Violence Against Immigrant and Ethnic Minority Women in Hong Kong SAR |
HK$61,000 |
Funded & Ongoing |
2. |
UGC Emerging Strategic Research Theme (Co-Convener) |
Diversity Studies |
HK$476,000 |
Funded & Ongoing |
3. |
UGC Small Project Fund (PI) |
Harnessing a Framework for Effective Remedies: A Comparative Analysis of the Legal Responses to Domestic Violence |
HK$60,000 |
Funded & Ongoing |
4. |
UBS Optimus Foundation, Switzerland (Co-I) |
Child Sexual Abuse in China |
HK$8,400,000 |
Funded & Ongoing |
5. |
UGC Small Project Fund (Co-I) |
Domestic Violence in Hong Kong 1986 – 2006 |
HK$70,000 |
Completed |
6. |
RGC Earmarked Teaching Development Grant (TDG) for 4-year Curriculum Reform (Co-I) |
Transforming Student Learning: Interdisciplinary education – A Means to Enhance Teamwork and Learning Among Students from Different Disciplines |
HK$117, 932 |
Completed |
7. |
Small Project Funding for Basic Research |
Deconstructing Citizenship and Cultivating |
HK$87,880 |
Applied, Pending Outcome |
Course / Student |
No.of Students |
Period |
Topics |
Guided Research |
1 |
2009-10 |
“Protecting wife-sureties from “sexually transmitted debts” – Importing the Australian special equity theory into Hong Kong” |
PhD |
1 |
2007-09 |
Children’s Rights |
LLM(HR) |
1 |
2008-09 |
Trafficking in women and children |
Oral Presentation |
9 |
2007-09 |
Privacy and press freedom, covert surveillance, racial discrimination and HK’s education system, Race Discrimination Ordinance, Domestic Violence, refugee law, same-sex marriage, FGM, International child abduction. |
Guided Research |
4 |
2006-09 |
Justice in Confucian, Islamic and Christian traditions, Doctrine of Judicial Deference in Human Rights cases, Privacy and press freedom, Covert Surveillance Legislation and constitutional rights. |
Consultant and Trainer for Christian Action: train Ethnic Minority Leaders working with Christian Action on issues relating to education, employment and racial discrimination. “Training of Trainers in Cultural Sensitivity” run jointly by Hong Kong Christian Action and HKU ESRT on Diversity Studies (of which I am a co-convenor) over 7 weeks from 19 November 2009 to 8 January 2010.
Working Group on Cultural Sensitivity and Diversity Training Manual established in partnership with Hong Kong Christian Action, April 2010.
Board Member, Asian Migrants Center, I was invited to be on the Board for the AMC in Hong Kong: Migrant workers in HK and the need for greater legal regulation of issues concerning their interests and rights.
Consultant, Community Business Asia, a local NGO: Commissioned to produce a report on legal provisions pertaining to ageing and age discrimination in select countries in Asia, June 2009.
Consultant, Unison Hong Kong (on Racial Discrimination and other inequalities relating to ethnic minority communities in Hong Kong)
Consultant, Community Legal Information Center 2006-2009.
Guest Speaker, Invited to speak about Diversity in the Workplace, by Corporate Social Responsibility Asia and Equal Opportunities Commission, September 2009.
Interview, Center for Development and Resources for Students, Part of a Diversity Video which covering campus-related issues on Diversity, Multiculturalism, and Sexual Orientation, August 2010.
Diversity Research Network and Database. As part of the Emerging Strategic Research Theme on Diversity Studies, co-developing a website to serve a research network and database for diversity-related research and opportunities around the world:
* To serve as a one-stop shop on conference alerts, publications and activities all pertaining to diversity-related themes
* Content publicly accessible for all those interested in diversity research and development in the region and internationally.
* To include publications, related curriculum development and other initiatives on diversity including NGOs and thematic assistance.
* The aim is to compile a database of past and current diversity-related research conducted at the University of Hong Kong and other local academic institutions in its initial phase. This initiative is due to be launched officially in March 2011 for the first-phase launch.
* In its second phase, it is hoped that the website will incorporate regional and international data on the same and will remain publically searchable by diversity research scholars around the world.
Interview, Singapore Radio International, 2009, for my views on the recent developments in Hong Kong with respect to the passing of the Race Discrimination Ordinance.
Citation, Phyllis Tsang, Selection Process for EOC Chief Under Fire, South China Morning Post Newspaper (HK), 4 September 2009.
Deputy Director of Center for Comparative and Public Law, Faculty of Law, the University of Hong Kong (2010 – present)
Board of Management, Center for Comparative and Public Law, Faculty of Law, the University of Hong Kong (2009 – present)
Deputy Director for the Summer Social Justice Internship (first semester 2009-10), Faculty of Law, The University of Hong Kong.
Elected Faculty Representative for the Search Committee for Chair Professorships, Faculty of Law, the University of Hong Kong.
Organiser & Editor, Hochelaga Lectures, Faculty of Law, the University of Hong Kong
Comments Editor to the Hong Kong Law Journal, Sweet & Maxwell Publications
Member, Public Law Lectures Search Committee, Faculty of Law, the University of Hong Kong
Member, of the Board of Studies for Social Sciences (Government and Laws), HKU
Member, Board of Business Administration and Law, HKU
Coach for HKU Basic Law Moot Team (2010)
Coach for the HKU Red Cross Moot Team (2005-2009): Judge for selection rounds and Coached various teams including Jessup, to prepare them for the local and international competition rounds.
Set up a student research focus group on Gender Equality (2008-09).
Supervised students who have indicated their desire to research.
Recruited a group of 14 Year I students who have been working on a total of five different projects including:
1. Gender Equity and Disaster Management
2. Religious Fundamentalism and Women’s Rights
3. Trafficking in Women and Children
4. Domestic Violence Against Mainland Immigrant Women in Hong Kong
The projects have resulted in the steady fine-tuning of different aspects of student learning and research capabilities and have engendered an environment of trust, friendship and mentorship amongst students. I hope to take this team further by encouraging NGO-style reporting or academic publication.
Supervised students as part of the CCPL Young Researchers Scheme (2008 – 2010).
Co-Organiser of Law in Film Series 2009.