According to Collis and Hussey Essay Example for Free

According to Collis and Hussey Essay Interviews â€Å"are a method of collecting data in which selected participants are asked questions in order to find out what they do, think or feel†. Saunders et al. (2003) propose the idea that this method is an efficient way of collecting reliable and valid information, because the data gathered comes directly from the source in study, which certainly helps to achieve the research question and objectives of this project. Therefore, choosing interviews was based on its suitability in finding what is happening and seeking new sights when exploring career obstacles for Hong Kong women managers. Interviews are classified based on the degree of flexibility as well as formality and structure that the researcher would like to apply. Therefore, there are three types of interviews, structured, semi-structured and unstructured interviews (Kumar, 1999; Saunders et al. , 2000; Ghauri and Gronhaug, 2002). In the structured interview â€Å"the investigator asks a pre-determined set of questions, using the same wording and order of questions as specified in the interview schedule† (Kumar, 1999, p.109); in semi-structured interview, the questions are also prepared beforehand, but in contrast, they offer more flexibility in facilitating the interviewee to modify the questions to investigate new ideas that might come up during the interview; and the unstructured interviews are based on a general topic of interest, but the questions are spontaneously posed to the respondent (Kumar, 1999; Guillham, 2000; Saunders et al. , 2000; Ghauri and Gronhaug, 2002). See more: Foot Binding In China essay It has been suggested that for phenomenological approaches and exploratory researches, a semi-structure interview is the most suitable type since the interviewer can explore in-depth a specific area that might be of interest (Jankowicz, 1999). The interviews carried out for this research were semi-structured. One of the reasons of choosing this type of interview is because they are more conductible and easier to control in order to establish and maintain empathy with respondents, so make the respondents be more comfortable and express their opinions more freely. It also gives the interviewer the opportunity to discover and understand the respondents’ points of view and beliefs about a specific situation (Zikmund, 2000). Saunders et al. (2000) mention that semi-structured are qualitative research interviews and are classified as non-standardized, where questions might vary from one interview to another since it depends on the course that the conversation takes, hence it would required of additional questions. In addition, Healey and Rawlinson (1994 cited Saunders et al., 2000) point out that more than one type can be used within an interview, where one section may ask factual closed questions, such as personal details, and the next sections could explore more qualitative issues. In this case, a combination of styles was adopted within the interviews held. The first section consisted of a set of factual questions in order to find out the interviewee’s work position and background. The following sections were based on qualitative responses where relevant topics were taking under consideration accordingly to the literature review developed in Chapter II as well as aim and objectives of the research. For instance, in the second section, Hong Kong women managers were asked to shed light on their marriage and family aspects; their nature of job, obstacles in their career pathways; and their plans to grow in their organizations in future. Furthermore, the semi-structured interviews allowed a free-flowing discussion, which in turn produced a better understanding of the way of thinking, opinions, and behavior of women manager in relation to their experiences towards working in an environment that supports male managers and the career obstacles they face. 3. 7. 3. Data Quality Issues There are a number of data quality issues to be aware and consider when conducting an interview, otherwise it would put at risk the findings of the investigation. In this case information supplied to the interviewee, confidentiality, listening skills and recording of interviews is going to be considered for this section (Kvale, 1996; Saunders et al. , 2000). 3. 7. 3. 1. Information Supplied to the Interviewee An important issue to promote credibility to the investigation is the supply of relevant information to the participants prior the interviews. In this way, the interviewee considered the information under study and was prepare to discuss their experiences and opinions, which helped to develop the research credibility. This was reached through a letter sent to the participants, which can be seen in Appendix A. It was also mentioned the duration of the interviews, in order to let them organize their time and provide an approximately one hour to one hour and a half to the interview with no interruptions. 3. 7. 3. 2. Confidentiality According to Kvale (1996, p.114) â€Å"confidentiality in research implies that private data identifying the subjects will not be reported†. The author also highlight that the change of names to protect the privacy of the participants is of an important issue, since encourages people to reveal experiences, feelings and facts which enrich the information given by the interviewee, facilitating the development of the research (Kvale, 1996; Guillham, 2000). Hence, it was explained to the interviewee the purpose of the research and the use that it is going to have in order to gain their trust and confidence. 3. 7. 3. 3. Listening Skills For this quality issue, it is important to have attentive listening skills in order to understand the interviewee’s opinions and explanations, especially to identify comments that are relevant to the research and that might imply of develop new ideas and questions in order to keep the conversation going in the same track which is the basic characteristic of a semi-structured interview (Saunders et al. , 2000). In this case, commentaries were kept to a minimum, which allowed the interviewees to answer freely and avoid bias to the questions asked. 3. 7. 3. 4. Recording of Interviews There have been issues in relation to the recording of information gathered from the data collection methods, and the most acceptable one is the tape-recording, which its record has to be immediately after it was taken in order to obtain a reliable data for its analysis. This issue leads to what have been mentioned above in relation to the confidentiality that the researcher gives to the study per se. In addition, authors suggest making notes as well in order to make the most of the interview, that is, not to miss any relevant information that the interviewee provides (Guillham, 2000; Saunders et al. , 2000; Ghauri and Gronhaug, 2002). In this case, interviews were recorded with the permission of the respondents in order to retain as much data for the transcription and facilitate the analysis procedures, which is going to be conveyed into the next chapter. However, according to Saunders et al. (2000) and Ghauri and Gronhaug (2002), there are some disadvantages that tape-recording an interview can bring, such as the interviewee’s hesitation in responding some question or even not to answer them, which will reduce the reliability of the interview; as well as the transcription is time consuming. In the former, the participants did not have any inconvenient for the interview be recorded; and for the latter time furthermore was reserved for the interviews’ transcription. 3. 8. RELIABILITY AND VALIDITY OF THE RESEARCH. As stated by Collis and Hussey (2003) and Saunders et al. (2003), there are two aspects related to the credibility of the findings, thus it is important to consider the significance of the reliability and validity of the research outcome. In this case, reliability is concern with how well it has been carried out the research project (Blaxter et al. , 2001), which refers to the possibility of obtaining the same exact results if repeating the study (Collis and Hussey, 2003), in other words, the consistency of the methods of data collection, thus the results (Denscombe, 2002). On the other hand, validity concerns with whether the data, approaches and techniques in study actually relate to the issues that have been explored and the results relate to what is really happening in the situation (Blaxter et al. , 2001; Collis and Hussey, 2003; Saunders et al. 2003). There are some discussions which claim that qualitative research often provide valid findings, while quantitative research offers more reliable findings (Berg, 2004). This has been critiqued by Saunders et al. (2000) who state that it is possible for qualitative and quantitative research to provide both valid and reliable findings. Therefore, it can be said that considering the present research, which adopts a phenomenological approach, it is important to highlight that the reliability and validity of the questions in the interviews were maximized by the careful design of the individual questions and the clear explanation of the purpose of the interviews. Moreover, the reliability and validity of the research and the obtained information gathered from the interviews is directly linked to the applied strategy and purpose of the research, as well as to the aim and objectives of the investigation. Besides, validity is ensured by the transcriptions and further analysis of the interviewee’s experiences and opinions by direct quotations. 3. 9. ETHICAL ISSUES Researchers like Creswell (1994), Kumar (1996), Saunders et al. (2000), Collis Hussey (2003) and Jankowicz (2005) have placed emphasis on the importance of ethical considerations when doing a research. For business and management researchers, ethical issues of vital importance are confidentiality, informed consent, and honest representation of findings. Therefore, considering these ethical issues, this research requested the consent of the participants prior to the data collection, guaranteeing them of the confidentially of the information they would provide. In addition, the data collected was analyzed in a logical and scientific manner, allowing the proper representation of findings. CHAPTER IV: ANALYSIS OF FINDINGS AND DISCUSSION 4. 1 COPING STRATEGIES TO COMBAT SEX DISCRIMINATION Two of the participants responded that they have not felt any kind of sex discrimination at their workplace. None of the participants felt that women need to use their feminism in order to progress in their careers. Anna responded that the gap of academic, promotional and employment opportunities for women has almost filled and men and women are getting almost equal opportunities. Anna and Emmy felt that women can do what they have decided to do in their minds and they consider themselves as an example of that kind of women. Maggie, in contrast, does not feel the same because she has an experience of workplace sex discrimination against women. She has also been discouraged to join the old-boy network and she has also experienced sexual harassment in her organization. She informed the researcher that the only way to cope up with the workplace discrimination is to get ready to move to a new job. She agreed with Emmy and Anna by saying that women who want to excel in their career can do it on their own merits. Maggie informed the researcher that she does not believe in confronting her seniors about the elimination of sex discrimination from the workplace. She also does not have any expectations from her seniors that they will try to eliminate sex discrimination from the workplace by implementing strategies to promote anti sex –discrimination policies. Thus the present study confirms the finding of study by Venter (2002) that there is no or little sex discrimination at today’s workplaces in Hong Kong. Venter (2002) found out that 66 % of the women managers interviewed in Hong Kong had responded that they did not find any sex discrimination at their workplace and 83% of them had felt that the attitude towards female managers are same as towards male managers. Westwood Leung (1999) found out that Hong Kong women managers are very less aware of the sex discrimination at workplace. Ng Pine (2003) had reported very interesting information that several Hong Kong women managers believe that sex discrimination is a prominent feature at Hong Kong organizations but when they were asked to describe their experience of sex discrimination then only a small number of the women managers were able to describe their own experience. The rest of the respondents informed that they haven’t experienced sex discrimination personally. Studies have clearly proved that Hong Kong women managers do not have any intention to confront their superiors and fight for the anti sex discrimination policies. Researches have also shown that when Hong Kong women managers are sexually harassed then they even do not confront the harasser and report to superiors and they instead use coping strategies such as they avoid or ignore the harasser, they prefer to quit or get transferred if the problem is not resolved (Chan et al. 1999; Ng 1995b). High attitude towards opportunities is found among Hong Kong women managers. They have great ability to deal any kind of discrimination at their work place. They keep their eyes and ears open and keep themselves in search of a suitable job incase they are fired or they quit. Their general and overall aim is to progress in their careers to get the higher positions in the organizations and thus they use their flexible nature to get the maximum number of opportunities to be succeeded (Venter 2002). Ng Pine (2003) reported that female hotel managers believe in using personal strategies to cope up with the discriminatory issue at their workplace. They believe in developing by looking more presentable, tend to dress up like a professional and rely on working hard to be proved as highly professional. Ng Pine (2003) found that majority of Hong Kong women managers have a high ‘can-do’ attitude and thus they believe in doing their job the best ways irrespective of the discriminatory issues against them at their workplace. Ng Chiu (1997) explained the reason of few organizations with family friendly policies is the low expectations behaviors of Hong Kong women managers who do not confront their superiors for the elimination of sex discrimination from the organization and they instead depends on their personalized strategies. Babcock Laschever (2003) found out the reason of Hong Kong women managers’ less success is due to their less skilful negotiating attitudes. However, it can not be said whether they have less skilful negotiating attitudes but it is clear from the evidences that negotiation is not prominent in the attitude of the women managers. Venter (2002) found out that as Hong Kong women managers do not have the habit to confront their superiors to get their equal rights at the workplace, they simply get less tensed as compared to other female managers who belong to Britain. Thus Hong Kong Chinese women managers are more successful in their careers and reach to the higher positions as compared to British women managers in Hong Kong. Javidan House (2001) explained that high achievement is a part of Hong Kong culture and this culture has changed the attitudes of employed women and has made them enthusiastic to grow in their careers. Hong Kong Women managers who fly high in their careers are seen as highly respected due to their ability to achieve their goal on their own without any support of society and workplace. But the women who do not reach the higher positions are blamed to be a failure due to their lack of sense of professionalism. They are considered as ‘non professional’ when they do not reach to the manager’s position. It is reflected among the society and organizations that a form of sex discrimination is evident due to the stereotyping of sex and power relations based on genders. There are very few structural changes through which the sex stereotyping and gendered roles at organizations can be changed. 4. 2 COPING STRATEGIES TO COMBAT GENDER ROLES The researcher asked all the three interviewees about their perception of single women. All of them have different perceptions on single women. Emmy feels that women stay single when they are not beautiful and thus no men attract towards such ugly women. Maggie sighed that she dreams of being a single but she also feels that being single it would have been very difficult for her to grow in her career and she has not been as successful as she is now. She also said that her roots in careers would have been very weak being a single woman. Anna feels that being a single woman is the best thing in the world. All her single friends are living happily and they do not want to get married because they believe that marriage brings a lot of problems with it. As diversity is more profound among the community of single women, the three interviewees seem influenced by the reflection of such diversity. Maggie, Anna and Emmy, all of them, love their husbands and children very much and they feel that they are the most important part of their lives. Though they consider family as the most important thing in their lives, they also believe that they cannot be stay-at-home women because they feel that they get the sense of achievement when they work and thus they get a balanced life. The nature of job of Emmy is quite flexible so she is allowed to work in flexible hours, and this way she gets a lot of time to spend with her family. She feels that her work has not affected her role as a mother as she takes plenty of time out to spend with her children. Maggie and Anna feel in contrast. They feel that they have been sandwiched between their wish to grow in their careers and their wish to spend more time with their children to ensure that the children’s education is not getting affected. This shows that both of them have both a high sense of achievement and a high sense of parenting. They feel guilty of not fulfilling their wish to be a good parent though both of them have hired foreign domestic helper. All the three interviewees believe that bringing up children is the primary duty of a woman and if a woman is employed then this duty should be handed over to other members of the extended family. All the three interviewees consider their families more important than their careers as compared to their husbands. These women do not have the habit of negotiation so they do not confront with their husbands and superiors to give them equal status. Researches have shown that Hong Kong women managers use personalized strategies to deal with work-family stress by taking help from relative, foreign domestic helpers and tutors (Lo et al. 2003; Ng 1999). Hakim (2003) also supported these positions that Hong Kong employed women are more family-centered as compared to their husbands and thus these women tend to less successful in their careers as compared to their husbands. The coping strategies that Hong Kong employed women used to reduce their work-family stress have a strong relation to the social culture of Hong Kong. Majority of Hong Kong employed women believe that they will not get any help from the government in terms of a caretaker because the social culture promotes the caretaker role of mothers and wives. If these women need help of a caretaker then they have to do it on their own because this is considered as a personal problem instead of a societal problem. All the three interviewees believe that though they are working at higher positions but their husbands should be respected as they are the breadwinners. Wives should help their husbands to be more successful in their careers. This shows that the traditional values of Hong Kong have set the mind of the women regarding their roles as a wife and a mother. The present study confirms the results of the previous studies (EOC 1997; Hong Kong Government 2003a) that the traditional ideology of a Chinese family for a man to be in charge of the work outside the house and for a woman to be in charge of the work inside the house is still present in Hong Kong culture. Due to the impact of this culture, even when both the parents are equally working and are equally concerned about the academic achievements and social well-being of their children, husbands have the liberty to be more career oriented by leaving behind their family without any sense of guilt. Thus, the culture of Hong Kong does not appreciate the growth of women as career women. This is impossible until and unless structural changes are made to understand these cultural contexts. The power structure can be changed only when the society and organizations believe in equal opportunities by dividing the power equally among women and men managers as the career success of a woman on her own basis is of no use. 2. 1. 1 FUTURE OF CAREER DEVELOPMENT OF WOMEN AS MANAGERS IN HONG KONG It is commonly believed in Hong Kong that women can achieve their goals by their enthusiasm and hard work. For this reason, Hong Kong women working at senior managerial positions tend to believe in personally designed strategies to cope up with the requirements of their workplace, homes and kids. Moreover, they believe in handling the situation of sex discrimination personally rather by confronting their superiors for the implementation of anti sex discrimination policies. They are no or little aware of a political agenda that can change their lives by bringing positive changes in institutionalization of their family status, by changing the organizational culture and state policies. Maggie, Emmy and Anna informed the researcher that they do not get time for socialization. Anna informed that in Chinese culture, home is considered as a private place so majority of Chinese do not believe in inviting friends at home unless they are very close to them because they think that it will ruin their privacy. Majority of Hong Kong women trust extended family members to take care of their children but this scenario may result in increased problems for them in future. Mobility of labor force has increased due to globalization. Two of the three interviewees are not originally Hong Kong based. A steady rise has been observed in the number of women managers on the mainland. Due to intensification of globalization, less stability is expected in support from the extended family members in Hong Kong. The traditional heterosexual family system in Hong Kong has been changed and different forms of family structure have appeared. The concept of extended family members was possible in a heterosexual family only. So, this concept does not seem to be valid with the new family structure as single-parent families are becoming common. As the concept of extended family is diminishing, women who prefer to grow in their career would seem to have no children. if primary importance will continue to be given to husband’s career, and wife’s role will be continued as a support to her husband than her husband has been to her, then there are great chances for a large number of career oriented women to remain single. When women will have to work hard and design personalized strategies to cope up with the work-family stress then a large number of women will stop marrying. Thus, number of never-married women will increase in Hong Kong. CHAPTER V: CONCLUSION Push and pull tensions are found among Hong Kong women managers. At one side, the traditional Chinese culture is still dominated in Hong Kong that makes women responsible primarily for their housework and men are considered as bread-winners. Women are expected to bring up and take care of children and other family members. So this traditional Chinese culture does not seem supportive for a woman to dream of getting success in organizations besides performing her domestic duties. At another side, women in Hong Kong that have earned higher degrees are attracted towards handsomely paid jobs due to the realistic approach of capitalism in Hong Kong. Successful women managers in Hong Kong are rewarded. Organizations search for never-married women who are ready to work on the pre-decided terms of men. So it is a common belief in Hong Kong that if women are good they can get success in organizations. If women are very good at setting personalized agenda to balance their work-family stress then they would be successful. But the researcher is not happy with these conditions. The researcher suggests that women should be encouraged and supported by society and organizations. They should be given support to get a balanced life. Organizations should implement strategies to promote anti discrimination policies. Women and family friendly policies should be encouraged in organizations. This means that there is a need to redefine the role of women at home and in organizations. They should be given equal opportunities like men and be promoted to higher positions as per their skills. Appendix A. Letter sent to the Participants of the Interviews Dear Participants, Thank you for agreeing to do this interview and participate in my Masters investigation. This letter is to inform you all related to the interview, to establish your ethical rights and my responsibilities, as well as to provide some information prior to the interview. My intention is to do an investigation to explore whether a bamboo-ceiling exists in the career pathway of Hong Kong women managers. I am currently interviewing women managers that are working in a male dominating environment to find out whether these women managers face any obstacles in order to achieve the purpose of my study. The data will be collected via interviews, which will last one hour and one hour and a half. During the interview you have the right to refuse to answer a question or a set of questions. The participant’s identities will be remained as confidential at all stages, during and after the research. Expected benefits of participation will be the opportunity to contribute knowledge to a largely under researched area and the obtained findings will be used for academic purposes only, so the access to the collected data will be permitted for university lectures and library use only. Thank you once again for your cooperation. Yours sincerely, [Your name] [Your degree] [Your university] Table 1: Ratio of Women Managers in Hong Kong, % Year Proportion, % 1994 17. 5 1995 19. 4 1996 19. 6 1997 19. 9 1998 21. 5 1999 21. 9 2000 24. 2 2001 25. 4 2002 25. 7 Source: Hong Kong Government, 2003b: 57. Table 2: Distribution of Managers by Industry and Gender Table 3: No. of Males and Females Never-Married Aged 15 and Over Source: Census and Statistics Department, Hong Kong Government. Table 4: No. of Never-Married Employed Males and Females by Occupation, 2001. Source: Census and Statistics Department, Hong Kong Government. Table 5: Main Employment, Female-Male Ratio, Median Monthly Income, Marital Status, Age Source: Census and Statistics Department, Hong Kong Government. References Babcock, L. Laschever, S. 2003. Women Don’t Ask: Negotiation and the Gender Divide (Princeton, NJ: Princeton University Press). Berg, B. , 2004. Qualitative Research Methods for the Social Sciences. International Student Edition. Boston: Pearson Education, Inc. Blaxter, L. , Hughes, C. and Tight, M. , 2001. How to research. 2nd ed. Buckingham: Open University Press. Bryman, A. , 2004. Social Research Methods. 2nd ed. Oxford: Prentice-Hall. Chan, D. K. S. , Tang, K. S. -K. Chan, W. 1999. Sexual harassment: a preliminary analysis of its effects on Hong Kong Chinese women in the workplace and academia, Psychology of Women Quarterly, 23(4), pp. 661–672. Chow, I. H. 1995. Career aspirations, attitudes and experiences of female managers in Hong Kong, Women in Management Review, 10(1), pp. 28–32. Collinson, D. L. , Knights, D. Collinson, M. 1990. Managing to Discriminate (London: Routledge). Collis, J. , and Hussey, R. , 2003. Business Research: A practical guide for undergraduate and postgraduate students. 2nd Ed. New York: Palgrave McMillan. Creswell, J. , 1994. Research Design: Quantitative and Qualitative Approaches. 1st ed. London: Sage Publications. Crystal, G. 2003. Cracks appear in glass ceiling numbers, South China Morning Post, 17 October, p. B22. Denscombe, M. , 2002. Ground Rules for Good Research. A 10 point guide for social researchers. 1st ed. Buckingham: Open University Press. EOC. 1997. A Baseline Survey of Equal Opportunities on the Basis of Gender in Hong Kong 1996–1997 (Hong Kong: Equal Opportunities Commission). Fosh, P. , Ng, C. , Snape, E. Westwood, R. 1999. Hong Kong at the end of the twentieth century: management and labour trends, in: P. Fosh, A. W. Chan, W. W. S. Chow, E. Snape R. Westwood (Eds) Hong Kong Management and Labour: Change and Continuity, pp. 3–24 (London: Routledge). Ghauri, P. and Gronhaug, K. , 2002. Research Methods in Business Studies. A practical guide. 2nd ed. Essex: Pearson Education Limited. Ghauri, P. N. , Gronhaugh, K. and Kristianslund, I. , 1995. Research methods in business studies: a practical guide. 1st ed. London: Prentice-Hall. Gillham, B. , 2000. The Research Interview. 1st ed. London: Continuum. Hakim, C. 2003. Models of the Family in Modern Societies: Ideals and Realities (Aldershot: Ashgate). Hochschild, R. A. 1989. The Second Shift: Working Parents and the Revolution at Home (New York: Viking Penguin). Hong Kong Government 2004. Convention on the Elimination of all Forms of Discrimination against Women: Second Report on Hong Kong Special Administration Region (Hong Kong: Health, Food and Welfare Bureau). Hong Kong Government. 2001. 2001 Population Census: Main Report 1 (Hong Kong: Census and Statistics Department). Hong Kong Government. 2002. Women and Men in Hong Kong: Key Statistics (Hong Kong: Census and Statistics Department). Hong Kong Government. 2003a. Thematic Household Survey: Report No. 14 (Hong Kong: Census and Statistics Department). Hong Kong Government. 2003b. Women and Men in Hong Kong: Key Statistics (Hong Kong: Census and Statistics Department). Jankowicz, A. , 2005. Business research projects. 4th ed. London: International Thomson Press. Javidan, M. House, R. J. 2001. Cultural acumen for the global manager: lessons from project GLOBE, Organizational Dynamics, 29(4), pp. 289–305. Kanter, R. M. 1977. Men and Women of the Corporation (New York: Basic Books). Kumar, R. , 1999. Research Methodology. A step-by-step guide for beginners. 1st ed. London: Sage Publications. Kvale, S. , 1996. Interviews, an Introduction to Qualitative Research Interviewing. 1st ed. London: Sage Publications. Law, N. 2003. HK women socially aware, but traditional at heart, South China Morning Post, 23 January, p. 6 Lee, H. 2004. Arming women with knowledge, South China Morning Post, 9 February, p. C4. Lee, K. 2003. Picture forms of cross-border workers, South China Morning Post, 9 May, p.A5. Lo, S. , Stone, R. Ng, C. W. 2003. Work–family conflict and coping strategies adopted by female married professionals in Hong Kong, Women in Management Review, 18(4), pp. 182–190. Mak, G. C. L. Chung, Y. -p. 1997. Education and labour force participation of women in Hong Kong, in: F. M. Cheung (Ed. ) Engendering Hong Kong Society: A Gender Perspective of Women’s Status, pp. 13–39 (Hong Kong: The Chinese University Press). Mak, G. C. L. 1992. The schooling of girls in Hong Kong: progress and contradictions in the transition, in: G. A. Postiglione (Ed.). Education and Society in Hong Kong, pp. 167–180 (Hong Kong: Hong Kong University Press). Morrison, A. M. , White, R. P. Van Velsor, E. The Center for Creative Leadership. 1987. Breaking the Glass Ceiling (Reading, MA: Addison-Wesley). Ng, C. W. Chiu, W. C. K. 2001. Managing equal opportunities for women: sorting the friends from the foes, Human Resource Management Journal, 11(1), pp. 75–88. Ng, C. W. Ng, E. G. H. 2002. The concept of state feminism and the case for Hong Kong, Asian Journal of Women’s Studies, 8(1), pp. 7–37. Ng, C. W. Pine, R. 2003. Women and men

Second Hand Smoke Prevention Policies

Second Hand Smoke Prevention Policies EXECUTIVE SUMMARY AND KEY RECOMMENDATIONS Thank you for the opportunity to make a submission on the Smoke-free Cars Bill in NZ. I am currently a Population Health student at the University of Auckland, an interest which stemmed from my realisation that many illnesses and injuries are largely preventable. With volunteering experience for World Vision NZ, I am also an advocate of children’s health. My approach to health is based upon population health. In the case of smoking, there exists significant population health ramifications: of not only the impact tobacco has on smokers’ health, but of also the dangers of second-hand smoke (SHS) to those around them. This policy is therefore important for not only the wellbeing of children, but also for achieving widespread positive health gain for all New Zealanders. Like many health organisations in NZ, I urge the promotion of a Vision for Tupeka Kore Aotearoa; a tobacco-free New Zealand by 2020 so that future generations of New Zealanders will be protected from exposure to tobacco products and enjoy tobacco-free lives. I support the bill to ban smoking in all vehicles when children are present. Firstly, considerable scientific studies have produced convincing evidence that exposure to SHS in vehicles has serious health consequences for children. Moreover, there are marked deprivation and ethnic inequalities in in-vehicle SHS exposure. Thirdly, the need to protect children, a vulnerable group, from these harms forms the ethical rationale for regulatory action. Finally, ought such a bill be implemented, it would enjoy widespread public support from smokers and non-smokers, adults and children alike. Key Recommendations I recommend that awareness campaigns are needed to highlight the risks associated with SHS, the benefits of maintaining smoke-free cars, and the rationales behind a law banning smoking in vehicles carrying children. I recommend that the government continue supporting media campaigns and other initiatives which encourage smoking cessation. Based on the range of fines imposed in Australia and the fine linked to the safety belt law in NZ, I suggest an on-the-spot fine of $150 be set for those breaching the smoke-free ban. As a more long-term strategy, I recommend that the possibility of restricting smoking in all private vehicles (regardless of whether they are carrying children) to be explored. POLICY STATEMENT The harmful effects that SHS causes to children’s health is well documented. Although the general public is protected by the smoke-free regulations in enclosed public places and workspaces in NZ, most children remain at risk of exposure to high levels of SHS when confined in vehicles. For the purposes of this submission, â€Å"children† refers to anyone under the age of eighteen. In order to reduce children’s exposure to SHS in vehicles, I am championing the Smoke-free Cars Bill, banning smoking in any vehicle with children present. Using supporting evidence, I outline the reasons behind my position below. HEALTH AND WELLBEING RATIONALE Second-hand Smoke SHS is highly toxic; it contains thousands of hazardous chemicals, many of which are cancer-causing (carcinogenic). When non-smokers are exposed to SHS (passive smoking), they also inhale many of the toxins and carcinogenic substances as smokers do. Health Hazards in Children Children are particularly vulnerable to the effects of SHS, as they have smaller airways and lungs, faster breathing rates, and less developed immune systems. For children, exposure to SHS is a known cause of many adverse health consequences. SHS increases the risk of respiratory diseases (such as bronchitis and pneumonia) , middle ear infections , and sudden infant death syndrome . Exposure to SHS is especially harmful for asthmatic children, who experience more severe symptoms and more frequent asthma attacks. SHS can also cause asthma in children with no prior symptoms. An estimated one million asthmatic children in the United States have had their condition worsened due to SHS exposure. Yet, a study reported that only half of the parents of asthmatic children maintained smoke-free vehicles. Children exposed to SHS in vehicles have been found to exhibit nicotine dependence symptoms, even though they had previously never smoked cigarettes. A review by the British Medical Association concluded that there is no safe level of exposure to SHS for children; low levels of exposure are still associated with harmful health effects. Pollution Levels of Smoke in Vehicles Pollution levels from SHS with vehicles reach dangerously high levels that can cause serious health risks for all riders, particularly children. Unhealthy levels of pollution generated from SHS were detected across multiple studies, even with vehicle windows and air vents opened, and the fan set on high. The levels of pollution from SHS a child is exposed to in a fully ventilated vehicle was found to be greater than that of smoke-filled bars and restaurants , and smokers’ homes ; they also exceeded air quality levels on Auckland’s poorest air quality days. The Chartered Institute of Environmental Health found that effects of SHS in vehicles continue to be harmful, long after the smoke had dissipated. This is due to the build-up of chemicals from cigarette smoke, which clings to the carpet and upholstery. In all cases, the studies’ authors recommended the enactment of smoke-free vehicle regulations to protect the health of not only children, but all non-smokers. EQUITY RATIONALE MÄ ori and Pacific Island children were found to have greater SHS exposure in vehicles. This, however, is not a localised phenomenon, as previous studies in the United States found similar ethnic disparities. Martin et al. observed that children of low socioeconomic status have a higher risk of exposure to SHS in vehicles, and therefore, may contribute to health inequities. This is consistent with a study in the United States, which reported that lower income households were less likely to maintain smoke-free cars. Jarvie and Malone concluded that a bill protecting children from SHS in vehicles promotes equity, because children who are already social disadvantaged (of minority populations, and deprived neighbourhoods and families) would derive the most benefits. ETHICAL RATIONALE Children are a Vulnerable Group Legislation is important to protect children because they are a vulnerable, dependent group of individuals, who – unlike adults – are unable to protect or speak for themselves. Preventing smoking by adults in vehicles containing children constrains adults freedom (or autonomy) temporarily, as they would only be restricted in vehicles. However, for children who are unable to protect themselves from SHS exposure, the effects of SHS are serious and permanent. Protecting the Interests of Children Ethicists asserted that adults who choose to smoke in vehicles with children present are not acting in the interests of the child, because their action places children at high risk of serious harm from SHS exposure. This is a circumstance where the interests of children and parents conflict: the health and wellbeing of children, versus adults freedom to smoke in vehicles. Given that SHS exposure is profound in its potential to cause preventable morbidity and mortality among children, the government – as the ultimate guardian of children – has a duty to ban smoking in vehicle with children present. This bill is further supported by ethical principles of non-maleficence and beneficence: it both obliges adults to not inflict harm to children, and promotes the interests of children. INCREASING PUBLIC SUPPORT Numerous studies found that while smokers were less likely to be supportive of smoke-free laws in all vehicles, they were largely supportive of banning smoking in vehicles when children are present. It is fair to conclude that there would be even higher levels of support among non-smokers. The vast majority of people would therefore be calling for and supporting the enforcement of a smoke-free law for vehicles carrying children. Survey data in NZ and overseas alike have indicated that support for laws banning smoking in cars carrying children has been increasing over time. A NZ study found that children expressed negative feelings toward smoking, and were aware that smoking in cars with children present is ‘wrong’. Some specifically stated that smoking should be banned, which suggests that children themselves would be supportive of a bill restricting smoking in vehicles. RECOMMENDATIONS Alongside legislation (which urges responsible behaviour), I recommend that awareness campaigns are needed to highlight the health risks for children associated with SHS, the benefits of maintaining smoke-free cars, and the rationales behind a law banning smoking in vehicles containing children. I recommend that the government continue to support media campaigns by Quitline NZ and other initiatives which encourage smoking cessation, as it is the single most effective way of reducing children’s exposure to SHS without forcing behaviour change. I suggest an on-the-spot fine of $150 be set for those breaching the smoke-free ban. This has been made in consideration of the range of fines imposed in Australia (where there already exists a smoking bans on vehicles carrying children) , as well as the $150 fine associated with breaching the safety belt law in NZ . As a more long-term strategy, I recommend that the possibility of restricting smoking in all private vehicles should be explored, as this would be much more straightforward and practical than a ban limited to smoking in vehicles only if children are present. Exposure to SHS in vehicles is also a significant risk to the health of adults. CONCLUSION Thank you for the opportunity to submit on the Smoke-free Cars Bill in NZ. In this submission, I have outlined the health and wellbeing, equity and ethical rationales, as well as evidence of increasing public support, for why a law banning smoking in all vehicles containing children is required. I have made practical recommendations on how the policy, if implemented, could be improved and strengthened. I look forward to seeing the regulation of smoking in cars as one step closer to realising Tupeka Kore Aotearoa, a tobacco-free New Zealand, by 2020.

Sustainability in Project Management

Sustainability in Project Management This review discusses the journal Sustainable Project Life Cycle Management: the need to integrate life cycles in the manufacturing sector (2005) authored by Labuschagne and Brent. The theme of this paper is that incorporating the current project management methodologies with the principles of sustainable development requires comprehensive understanding and integration of different life cycles.[1] This journal provides a good introduction of life cycle management; however, the authors do not make holistic perspective on the aspects of sustainability in project management. At the outset of the paper, the authors note that the social, economic, and environmental impacts of a project long after its completion have required increasing attention; the project life cycle management principles thus require revision. However, reasons for the consideration to life cycles when aligning sustainability with project management has not been specified. According to Azapagic (2004), people may unintentionally aggravate the impacts when trying to alleviate them. Therefore, protecting the environment without increasing burdens can only be assured by adopting a systems approach based on life cycle thinking which takes the whole life cycle of an activity into account.[2][3] Labuschagne and Brent (2005) have focused on defining various life cycles, yet the descriptions of the proposed impact assessment indicators on the three main sustainability dimensions are only briefly stated which causes the concept rather vague. In 2005, Brent and Visser demonstrated an environmental performance resource impact indicator (EPRII) calculation procedure by introducing the life cycle impact assessment (LCIA) framework for comparing burdens at operational level.[4] The approach evaluated impacts in four different resource groups including water, air, land, and mined abiotic resources[5] based on three process parameters comprising water and energy usage, and waste produced.[4] Research regarding the social sustainability dimension has also been executed subsequently. All the social criteria and its sub-criteria were verified with respect to project management and business[6][7], but particular impacts were found to be more significant in certain appraised asset or techn ology life cycle phases. The EPRII approach was used as a basis to calculate the social impact indicators; however, results appeared to be unreliable and the method was hence concluded to be not applicable for decision-making purposes at the moment due to the lack of social project and footprint information (Labuschagne and Brent, 2008; Labuschagne and Brent, 2006).[7][8] Despite its defect, this paper is a well structured piece of work which utilizes a large number of diagrams and tables. Koedinger (1992) explained that diagrammatic representation outperforms sentential expression due to its use of location to group information which facilitates search and avoids the need of symbolic labels and also encourages perceptual inferences.[9] This consequently enables readers to have a better understanding of the concept. In conclusion, although this journal does not provide a holistic overview of sustainability in project management, its detailed descriptions of various life cycles and their interactions in projects have provided an explicit concept of project life cycle management. Moreover, a considerable amount of literature review has been carried out in this article; it therefore deserves to be widely read. References Labuschagne, C. and Brent, A.C. (2005), Sustainable Project Life Cycle Management: the need to integrate life cycles in the manufacturing sector, International Journal of Project Management, vol. 23, no. 2, pp. 159-168, Azapagic, A. (2004), Appendix: Life Cycle Thinking and Life Cycle Assessment (LCA), in Azapagic, A., Perdan, S., and Clift, R. (ed.), Sustainable development in practice: case studies for engineers and scientists, John Wiley and Sons, pp. 426-437. Azapagic, A., Millington, A., and Collett, A. (2006), A Methodology for Integrating Sustainability Considerations into Process Design, Chemical Engineering Research and Design,vol. 84, no. 6,pp. 439-452. Brent, A.C. and Visser, J.K. (2005), An environmental performance resource impact indicator for life cycle management in the manufacturing industry, Journal of Cleaner Production, vol. 13, no. 6, pp. 557-565. Brent, A.C. (2004), A life cycle impact assessment procedure with resource groups as areas of protection, The International Journal of Life Cycle Assessment, vol. 9, no. 3,pp. 172-179. Labuschagne, C., Brent, A.C., and van Erck, R.P.G. (2005), Assessing the sustainability performances of industries, Journal of Cleaner Production, vol. 13, no. 4, pp. 373-385. Labuschagne, C. and Brent, A.C. (2008), An industry perspective of the completeness and relevance of a social assessment framework for project and technology management in the manufacturing sector, Journal of Cleaner Production, vol. 16, no. 3, pp. 253-262. Labuschagne, C. and Brent, A.C. (2006), Social Indicators for Sustainable Project and Technology Life Cycle Management in the Process Industry, The International Journal of Life Cycle Assessment, vol. 11, no. 1, pp. 3-15. Koedinger, K.R. (1992), Emergent Properties and Structural Constraints: Advantages Diagrammatic Representations for Reasoning and Learning, SS-92-02, AAAI Technical Report, viewed 21 March 2010,

Macbeths Weak Mindset, Lust for Power, and Quest for Blood in Shakespe

In the story of Macbeth the character Macbeth is portrayed as an honest and trustworthy man. In the beginning of the story Macbeth meets three witches that tell him that he will be the Thane of Cowdar and eventually become King. Essentially Macbeth does not believe this and ignores it. Macbeth tells his wife about the series of events with the witches and his wife begins Macbeth’s quest for all power. In the story Lady Macbeth is the force that provokes Macbeth to commit all of these evil deeds. In the story it is easily noticeable that Macbeth can be convinced to do just about anything, but after he is no longer being convinced to do these acts it is realized that Macbeth has a lust for power, a quest for blood, and a weak mindset. It could not be more obvious that Macbeth had a weak mind-set in the story of Macbeth. It is first noticed when he begins to take into thought what the three witches told him about being king. It is also noticed when he lets his own wife convince him to murder King Duncan to acclaim the throne. Essentially Macbeth does not want to kill King Duncan, but due to some persuading words from his wife Macbeth kills Duncan and regrets it terribly. After Macbeth murders King Duncan his wife has to consol him and make him wash the blood from the murders off of his hands. Furthermore, Macbeth shows off his weak mindset by allowing his mind to become a vicious murderer. The weakening of Macbeth’s mind seemed to begin around the time that King Duncan announces that his son Malcolm is heir to the throne and this is when Macbeth begins to ponder murder. Mainly until act four it is Lady Macbeth who dominates over Macbeth. In the story Lady Macbeth repeatedly pushes Macbeth into doing things he knows is wrong and doe... ...tp://web.ebscohost.com/src/detail?vid=11&hid=104&sid. Griffin, Gillian. "Lady Macbeth's Daughter." Booklist 1 Aug. 2014: 56. General One File. Web. 17 Dec. 2014. . "'Macbeth,' MN." Back Stage, National ed. 27 Aug. 2014: 25. General One File. Web. 17 Dec. 2014. . Stuckey, Connie. "Death of a Valentine." Booklist 1 Dec. 2014: 27+. General One File. Web. 17 Dec. 2014.. Wilhelm, Jeffrey, et al. Glencoe Literature: The Reader’s Choice Columbus, OH: McGraw Hill, 2014. "'Macbeth,' MN." Back Stage, National ed. 27 Aug. 2014: 25. General OneFile. Web. 17 Dec. 2014. .

Juvenile Crime :: essays research papers

Remember doing something mischievous or wrong when you were a kid and getting the label "delinquent" slapped on you ? Did you ever wonder what it meant ? That is what my topic for today is . . . juvenile delinquency. In this report I will: define juvenile delinquency, give the extent of juvenile delinquency, give some suggestions on what causes juvenile delinquency, and what is being done in various communities to deal with this growing problem. The legal term juvenile delinquent was established so that young lawbreakers could avoid the disgrace of being classified in legal records as criminals. Juvenile delinquency laws were designed to provide treatment, rather than punishment, for juvenile offenders. Young delinquents usually are sent to juvenile courts, where the main aim is to rehabilitate offenders, rather than to punish them. But the term juvenile delinquency itself has come to imply disgrace in today's society. A youngster can be labeled a delinquent for breaking an y one of a number of laws, ranging from robbery to running away from home. But an action for which a youth may be declared a delinquent in one community may not be against the law in another community. In some communities, the police ignore many children who are accused of minor delinquencies or refer them directly to their parents. But in other communities, the police may refer such children to a juvenile court, where they may officially be declared delinquents. Crime statistics, though they are often incomplete and may be misleading, do give an indication of the extent of the delinquency problem. The FBI reports that during the early 1980's, about two-fifths of all arrests in the United States for burglary and arson were of persons under the age of 18. Juveniles also accounted for about one-third of all arrests for larceny. During any year, about 4 % of all children between the ages of 10 and 18 appear in a juvenile court. The percentage of youngsters in this group who are sent to court at least once is much higher. A third or more of those boys living in the slum areas of large cities may appear in a juvenile court at least once. Girls are becoming increasingly involved in juvenile delinquency. Today, about one of every five youngsters appearing in juvenile court is a girl. In the early 1900's, this ratio was about 1 girl to every 50 or 60 boys.

Is a good one

History Some can argue that the war has been going on since world war 2, when Stalin wanted the farm land In Ukraine and he had found many ways of obtaining their land such as: starving the Ukrainian people of food till they died or gave up their land or they Just killed the villagers, since then there have been many disputes between Russia and Ukraine. Russia has always felt that they had a certain cultural connection with Ukraine because when the Russian empire rose as a great empire its capital was in present day Ukraine. So It Is understandable that some of the Ukrainian people are ad at the Russians.But the more recent conflict which Is still going on started because the east side of Ukraine (which Is the Russian speaking side, many of whom had voted for Hancock) think that Ukraine should not join the European union and protested Hancock removal. So then Russian leaders decided that they should intervene for the sake of Russian speaking Ukrainians, too the west side of Ukraine i t seems like the Russian leaders are ignoring the valid reasons that Hancock was removed for. Some believe that Russian president Vladimir Putting Is using this conflict s a distraction from Russia slaking economy.Escalation Now there was a lot of increase in the violence when people started protesting against Russia. Between February 18 and 20, 103 people were killed and 1419 injured. The vast majority of Russians believe the Ukrainian military shot downplays Airlines flight MI 7, a new poll has shown, underlining how differently the tragedy has been presented in Russia than in the west. Crimean status referendum 2014 was a referendum on the status of Crimea held on March 16, 2014, by the legislature of Autonomous Republic of Crimea as well as by he local government of Soapstone, both subdivisions of Ukraine at the time.The referendum asked the people of Crimea whether they wanted to join Russia as a federal subject, or if they wanted to restore the 1992 Crimean constitution and Cr ime's status as a part of Ukraine. Presently Russia and Ukraine are trying to avoid a big war. So In the conflict life cycle, It Is between escalation and desolation and they are trying to avoid a deadlock. Deadlock but Russia is expecting a peace treaty. Some 70% of the Russian troops believed to have been in Ukraine have withdrawn back across the border, Ukrainian President Petrol Apprehension said, according to the national news agency Cruciform. This is another hope that peaceful initiatives have a good perspective,† Apprehension is quoted as saying during a Cabinet meeting in Kiev on Wednesday. The remarks came several days into a shaky ceasefire deal between Ukrainian forces and pro- Russia rebels, signed last Friday after nearly five months of fighting in eastern Ukraine. The Presidents of Russia and Ukraine are â€Å"broadly satisfied† with the status of the ceasefire, a Kremlin aide said Wednesday. Russian's president has said he is hoping for a peace deal betw een Ukraine and pro- Russian rebels by Friday.Vladimir Putting urged both sides to stop military action in eastern Ukraine, adding that his views and those of his Ukrainian counterpart were very close. We can say that the conflict is De escalating from escalation. Insisting that Russia is in no way a negotiating party in the Ukrainian conflict, Vladimir Putting is nevertheless certain that it is Moscow proposals that are going to advance both sides to peace. Mr. Putting plan is short and leaves a lot of room for interpretation. Take, for example, a point on moving Ukrainian troops away from positions from which towns and cities can be shelled.Taken to an extreme, this could mean rewinding the situation on the ground to a point several weeks ago before Ukrainian advances. Just two weeks ago the discussions centered around when, and not if, the rebels would have to move out of Donates and Alumna's. But Moscow plan will allow them to strengthen their control over the two regional cente rs and other areas. Mr. Putting has often seemed unwilling to negotiate from a position of weakness and the reversals of the past few days illustrate this perfectly. Now it's Petrol Apprehension who has to choose whether to accept something which clearly protects Sieve's enemies in astern Ukraine.Ukrainian government troops say they have repelled an attack by pro-Russian rebels on Donates airport. De escalation THE war in eastern Ukraine has quieted, for now. Its disparate factions have as much reason to keep fighting as to put away their guns. But a ceasefire signed on September 5th in Minsk is so far mostly holding. Ukrainian president, Petrol Apprehension, does not want to fight an unnamable war against Russia, which is the situation he would have been in had he pressed on with Sieve's â€Å"anti-terrorist operation† in the east. His Russian counterpart, Vladimir Putting, is happy to seeDonates and Alumna's turn into breakaway territories that can serve as instruments agai nst Kiev. Russian prime minister Dimity Maddened has said the country will honor all its agreements with the European Union and Ukraine, but will trigger â€Å"protective measures† if a trade pact between the two comes into force early. The Nun and the end of 201 5 in a concession to Russia The Ukraine ceasefire might collapse any day. But if it sticks and the war ends here, it poses the question: who won? In military terms, the answer looks clear: Russian leader Vladimir Putting. In March, the Russian army seized Crimea.Last week, it routed Ukrainian forces in east Ukraine. Ukrainian president Petrol Apprehension asked EX. and Nato leaders for weapons. They said â€Å"there is no military solution to the conflict†. But Putting showed there is – several thousand Russian infantry, fighting as formed units, supported by tanks and artillery. The Russian invasion and the lack of Western support is why Ukraine signed the â€Å"Minsk protocol† – a 12-poi nt peace plan – last Friday (5 September). So what if Putting won Crimea and bits of Donates and Alumna's – he lost the rest of Ukraine. Right? Russian's attack has seen pro-Western feeling soar in the rest of the country.Polls now say Ukrainians want to Join Nato. They also say pro-Western parties will sweep pro- Russia MSP out of parliament in upcoming elections. It depicts the crisis in Putting own macho terms. The truth is that everybody lost. EX. civilians (IMHO), 2,600 Ukrainians, and who knows how many Russians lost their lives. Ukraine lost territory. The EX. and Nato lost credibility. But Putting will go down in history as the biggest loser: He lost the chance to make Russia, one of the world's richest nations in terms of natural resources and culture, and Russian's neighborhood into a decent place to live.

Credit Agreement Resolutive Condition

Pactum reservati dominii 2. Facts of the case and the issues to be decided4 3. Validity and effects of pactum reservati dominii in the present case5 Conclusion7 References8 Table of Cases Quirk’s Trustees v Assignees of Liddle & Co. (1884 – 1885) 3 SC 322 Courtney-Clarke v Bassingthwaighte 1990 NR 89 (HC) Smith & Venter v Fourie 1946 WLD 9 R v Ellinas 1949 (2) SA 45 Gosvenar Motors v Samson 1956 (3) SA 169 National Motors v Fall 1958 (2) SA 570 IntroductionThe law governing credit transactions is the Credit Agreement Act 75 of 1980 (hereinafter referred to as the Act) which replaced the Hire-Purchase Act 36 of 1942 as a result of Proclamation AG 17/1981 which states that â€Å"Subject to the provisions of this Proclamation, the Credit Agreements Act, 1980 shall apply to the territory of South West Africa. † The act regulates transactions where movable goods are purchased or leased on credit. It also applies to services rendered on credit.According to the Act, a c redit agreement is a credit transaction or a leasing transaction or any transaction with the same import regardless of its form or regardless of the fact that the transaction(s) is subject to resolutive or suspensive conditions. For the purpose of this assignment, I will only discuss issues pertaining to credit transaction because the case of Quirk’s Trustees which is central to the question whether there is sale before the last assignment is paid falls with the ambit of this paper.A credit transaction according to the Act includes ‘goods sold and services rendered against payment of a stated of determinable future date or in whole or in part in instalments over a period in future’. Section 1 (b) states that the â€Å"goods† shall mean movable goods or in other words movable property. This point is significant given the nature of the problem we are faced with of whether a contract of sale by credit exists. 1. Pactum reservati dominii Before looking at the facts in the case of Quirk’s Trustees v Assignees of Liddle & Co . It is important to briefly discuss the concept of pactum reservati dominii. Credit agreements are in a form of pactum reservati dominii which entails that the seller allows the purchaser to take possession of the goods but ownership is retained by the sell until the buyer or purchaser has paid all the instalments. The pactum reservati dominii is meant to protect the seller who sells goods on credit. It also provides the seller with security in case the buyer defaults on the payment of instalments. The pactum clause is the same as a suspensive condition.It suspends not only ownership but also the whole contract of sale until the fulfilment of the suspensive condition – the payment of the purchase price in full. It means that unless there is an agreement to the contrary, the risk will only pass to the buyer when the last instalment has been paid. Consequently, the Aedilitian remedies for defects of the go ods are not available to the buyer until the payment of the last instalment. 2. Facts of the case and the issues to be decided The case of Quirk’s Trustees v Assignees of Liddle & Co is concerned with the transfer of ownership.The Briefly the facts from the headnotes are as follows: Q sold the furniture, fitting and stock of a certain hotel premises to L. , who subsequently assigned his estate for the benefit of his creditors, and Q and L. ’s assignees the entered into the following written agreement: â€Å" Sold by L. ’s assignees to Q. all the furniture, fitting etc. – in fact, everything stored in the town for ? 650, Q. to give bills at three, six, nine and twelve months. Property in goods bought to pass to Q. only upon payment of the last bill†. The greater portion of the goods so sold was delivered to Q. who, however, neither gave the bills nor paid any portion of the price. Q. the surrendered his estate. Q. ’s trustees and L. ’s assignees both claimed the goods delivered to Q. The issues were (a) whether this was a valid sale on credit and (b) whether ‘upon a contract of sale of goods the property must be held to pass forthwith to the purchaser, notwistanding a condition attached to the contract that the property shal only pass upon payment of the last of several promissory notes, payable at different dates, agreed to be given by the purchaser in payment of the rice. ’ 3. Validity and effects of pactum reservati dominii in the present case The Credit Agreement Act provides the following regulation: (1) The Minister may†¦. (a)prescribe the maximum period within which the full price under a credit agreement shall be paid; (b)prescribe the portion of the cash price or any other consideration which shall be paid or delivered as an initial payment or initial rental in terms of a credit agreement; (c)prescribe the manner in which the price of any goods or service shall be displayed or advertise d; d)generally, prescribe any such conditions as he may find fit in regard to any credit agreement. (2) Different regulations may be made under subsection (1) in respect of different credit agreements, kinds of credit agreements, goods, services, classes or groups of goods or services, credit grantors or credit receivers or categories of credit grantors or credit receivers. It is also worth mentioning that Section 1 (b) states that the â€Å"goods† shall mean movable goods or in other words movable property. There is no doubt that the parties agree that the buyer will pay in instalments.There is also no doubt that the buyer did not honour the agreement. The problem that we have to deal with is whether this type of agreement can be regulated by the Credit Agreement Act 75 of 1980 which is still applicable in Namibia despite the fact that where it originated in South Africa, it has since been replaced by a more progressive and market cognizance National Credit Act. Based on our understanding of Section 1 (b) the agreement does not fall within the realm of the Act and hence it cannot be said to be a credit agreement as it involve sale of immovable property.This agreement is rather governed by two Acts that are still applicable to our law i. e. Formalities in Respect of Contracts of Sale of Land Act 71 of 1969 and Sale of Land on Instalments Act 72 of 1971. Although the merx is sold with movable properties, the substance of the agreement is the building and land on which it stands and not the furniture, fittings etc. Section 5 of the Act provides for the following requirements of the contents of the credit agreement that†¦.. ; (1) Subject to †¦Ã¢â‚¬ ¦. any credit agreement shall- (a)be reduced to writing and signed by or on behalf of every party thereto; b)state the names of the credit grantor and the credit receiver and their business or residential addresses or, if they do not have such addresses, any other address in the territory; (c)state the amount paid or to be paid as an initial payment or as initial rental; (d)contain a description whereby the goods or service to which that credit agreement relates, and any goods delivered to the credit grantor as payment, may be readily identified; (e)if it is an instalment sale transaction, state the conditions, if any, as to the reservation and passing of the ownership of the goods to which that credit agreement relates; f)if it is an instalment sale transaction or a leasing transaction, state the conditions, if any, as to the right of the credit grantor to the return of the goods to which that credit agreement relates; (g)contain a reference to the provisions of section 13; (h)be in the official language which the credit receiver may request in writing. (2) No person shall be a party to a credit agreement which does not comply with a requirement referred to in subsection (1): Provided that a credit agreement which does not comply with any such requirement shall not merely for th at reason be invalid. 3) If after delivery to the credit receiver of goods to which a credit agreement relates, the credit grantor and the credit receiver agree that those goods or any part thereof shall be replaced by any other goods, the goods to be described in terms of subsection (1)(d) in that credit agreement shall, as from the date on which those goods are or any part thereof is replaced, be the goods to which that credit agreements relates. We can rightfully contend that agreements do not always show clearly their true nature. A contract, though called by the parties a credit agreement, is really one of sale if it does not entitle the buyer to sale.The condition as to the passing of ownership is a suspensive one if the ownership is not to pass till all instalments have been paid. , Conclusion A consideration of the Quirk’s case shows that a suspensive condition is of more frequent occurrence than a resolutive one. A resolutive condition provides that the ownership sha ll pass to the buyer immediately on delivery, but revert to the seller if the instalments have not been paid by a certain time, or on any other event. What is known as lex commissoria usually takes the form of such a resolutive condition.It appears, however, that the lex commissoria does not concern the passing of ownership. In the present case, it is clear that this is not a credit agreement although the makers chose to call it as such and that it resembles a credit agreement. It is rather a matter of substance versus form. . References R R Pennington Retention of Title to the Sale of Goods under European Law The International and Comparative Law Quarterly, Vol. 27, No. 2 (Apr. , 1978), 277- 318. C Visser, JT Pretorius, R Sharrock and M van Jaarveld Gibson South African Merchadile & Company Law 8th ed. Cape Town: Juta & Co