Environmental Law in Hong Kong - Free Essay Example

Sample details Pages: 9 Words: 2809 Downloads: 5 Date added: 2017/06/26 Category Ecology Essay Type Analytical essay Tags: Act Essay Did you like this example? Case 1 HKSAR v Dragages Hong Kong Ltd, HCMA 238/2014 Why did the defendants fail to make out a statutory defence? According to section 33 of the Noise Control Ordinance (Cap 400), the statutory defence made towards section 6 can be, by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; in pursuance of the purpose of the prevention of injury to any person or the saving of the life of any person; in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence. In HKSAR v. Dragages Hong Kong Ltd (2014), the permit granted to Dragages Hong Kong Limited (D1) only allow the usage of two track laying excavators bearing a quality powered mechanical equipment label showing a sound power level equivalent to or lower than 103 dB(A) at the Site. The Judge agree with the magistrate’s findings that there were six excavators in operation on the day of the offence, which exceed the permitted number. Besides, D1’s representative Mr Liu Hoi-yu indicated that the â€Å"quantity of soil excavated† that day was about half of the usual quantity, and he did not believe that five were used to do â€Å"soil excavation† work that day by the sub-contractor. However, the magistrate said the lower â€Å"quantity of soil excavated† has no evidential value. The Judge also agree with such findings. Thus, it is obvious that the defendants cannot use the section 33(a) of Noise Control Ordinance to defence in this case. One of th e Houtai Construction Limited’s (D2) representative Mr Ling Chi said two excavators performed the â€Å"soil excavation† while two more performed urgent reinforcement work due to the heavy rain the night before, and others were performed maintenance inspection and adjustment work, normally done on holidays. However, from the video, the Judge found that the six excavators in operation on the day of the offence were carrying out soil excavation and delivery work, not urgent slope maintenance work or preventing injury to or saving life of any person. Thus, D1 and D2 had failed to make out the statutory defence under section 33(b) and (c) of the Noise Control Ordinance. Due to the case happened within the Site boundary, the section 33(d) statutory defence is not relevant. Don’t waste time! Our writers will create an original "Environmental Law in Hong Kong" essay for you Create order Why did the common law defence of mistaken belief also fail in this case? The common law defence of mistaken belief means the defendant had good and sufficient reasons to believe that he had complied with the relevant legislation—even if the belief was mistaken. In HKSAR v. Dragages Hong Kong Ltd (2014), the appellant says the magistrate set an unreasonable high threshold, which is unrealistic and excessively harsh and without considering the appellant’s subjective belief. The appellant should still be able to rely on the common law defence, as it was not aware that its employees would act contrary to its instructions. The Judge agree with the magistrate’s findings that the act of sending staff to inspect the Site have shown that D1 knew that supervision is needed to prevent the sub-contractors from breaking the rules and ensure the compliance on the relevant legislation and permit. The Judge said imposing a sound supervision system with sufficient manpower in the Site during public holidays can minimize the opportunities for D 2 not to follow D1’s instructions. There was no arrangement for other supervisors or workers to take over the supervisory duty before the construction site supervisor left the Site. This shows a loophole in the D1’s supervision at the Site on the day. Due to the inadequate supervision, D1 had provided opportunity for D2 to break the rules. The noise produced from operating six excavators at an outdoor site is easy to be heard on-site but no staff from D1 stop the works. This shows the insufficient manpower for supervision to oversee the relevant construction site at all times, where the cost is simply negligible when compare with the profit from the project. Additionally, the progress of construction work or the weather should not affect the responsibility of D1 to supervise the activities carried by its sub-contractors. Thus D1 cannot had good and sufficient reasons to believe that D1 had done all reasonable steps to ensure the compliance with the relevant le gislation and permit. Therefore, the common law defense on mistaken belief also failed in this case. Is it appropriate that common law defences, such as the defence of mistaken belief, should apply to environmental prosecutions? For most environmental pollution offences are strict liability offences which is not necessary to prove mens rea in order to establish the criminal liability. For example in the Water Pollution Control Ordinance (Cap 358) section 10 (1997), it stated that if the defendant caused matter to enter the waters of Hong Kong or inland waters or a communal sewer or communal drain or caused matter to be deposited shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence. Either subjective or objective fault in any form on the part of the defendant is not required to be proved. However, generally, it will still need to prove defendant is voluntary to act the offence and usually only the central element of the criminal prohibition does not require proof of mens rea (Jackson, 2003). In R v Wang Shih-hung, R v Fong Chin-yue (1995), the Judg e concluded that the duty of proof of knowledge was outstanding for prosecution and the defence of mistaken belief was excluded neither by the language of the statutory provisions under which defendant was charged nor by the express inclusion of such a statutory defence in relation to an alternative offence. It is appropriate for the defendant to use the defence of mistaken belief to prove on the balance of probabilities that he reasonably though incorrectly held an honest belief (Jackson, 2003). The prosecution have to prove beyond reasonable doubt that defendant was not acting under a wrong belief at the time when the defendant use the defence of mistaken belief. As example can be found in HKSAR v Dragages Hong Kong Ltd (2014), the Judge have shown that the liability of defendant, having an overall control of the Site, have eliminate the possibility of common law defence by using mistaken belief. What principles of sentencing were applied on this appeal? In this appeal case, the Judge included the element of deterrence when considering the sentence. Generally, such sentence may prevent other potential criminals from committing the same offence, creating a deterrent effect on society. It also may prevent the persistent offender from committing similar offences again (Jackson, 2003). A deterrent sentence is effective on the offender who has a clear record (Jackson, 2003). In HKSAR v. Dragages Hong Kong Ltd (2014), with a clear record of D1 already have 26 times similar conviction and the highest fine it has been ordered to pay for previous similar conviction is HKD 50000, this reflected that D1 did not learn any lesson from previous conviction and the fines imposed is too low which may create the incentive to contravene the legislation. The Judge viewed this as an aggravating feature. The appellant had referred a number of cases to show that the fine of HK$80000 is not consistent with the sentence normally imposed in similar ca ses. However, due to the fact that those cases appeals against conviction, not sentence, there is no information, such as the criminal record of appellants, provided on the sentencing consideration. Together with the fact that six excavators were used in this case, which is much more serious than the cases appellant had referred, and the value of the contract, the Judge agree with the magistrate who adopted a more stringent approach to sentencing, imposed a fine of HKD 80000 on D1, to deter D1 and other potential offenders. References HKSAR v. Dragages Hong Kong Ltd (2014, HCMA238/2014) HKSAR v. Paul Y-ITC Construction Ltd(1998, 2 HKLRD 35) Jackson, M. (2003).Criminal Law in Hong Kong. Hong Kong University Press. Noise Control Ordinance (Cap 400) (1997) R v Wang Shih-hung, R v Fong Chin-yue (1995, 1 HKCLR 193) Water Pollution Control Ordinance (Cap 358) (1997) Case 2 Chu Yee Wah v Director of Environmental Protection, CACV 84/2011 Why did the Court of Appeal rule the decision of the Director of the EPD should not be overturned? In the Court of Appeal, the Judge decided allow the Director’s appeal with the following reasons, The judge agree that EIAO incorporates two approaches, to impose limits on the quantities of polluting matter which given activity may emit and to provide a framework for specific directives imposing quantitative limits on the extent to which the environment may be polluted, and requires using the best available techniques to prevent, or minimise the emission of polluting matter all the time. Therefore, the extent of the pollution footprint of a designated project do not affect the proponent to minimise pollution under the supervision of EIAO. It is not necessary to require a stand-alone assessment in the TM or the SB for the DEP’s decision on the choice of mitigation measure. Furthermore, the judge state that there is no equivalent stipulation for a â€Å"stand-alone analysis† in the SB nor the TM, but a prediction of cumulative impact and minimization of po llution. The judge believe that without a stand-alone assessment the Director still perform her duty on identify the mitigation measures in the EIA report have tried to mitigate and minimize all impacts from the project. What is necessary for the DEP to perform her duties is sufficient description or analysis of the proposed project and relevant mitigation measures. In response to those issues on more technique issues, such as the choice of key pollutants being measured and the standard adopted, the judge stated that what information is required to be contained in an EIA report and what information needed for the DEP to perform her duties is a question of professional judgment. As the SB state that the choice of key pollutant is expressly left to the project proponent to identify and justify. It is not irrational or Wednesbury unreasonableness for the DEP to accept the proponent’s explanation and exclude the measurement of some pollutants in the EIA report. Besides, und er the tight timetable set by EIAO, adopting some standards, such as AQOs, to represent an acceptable environment quality with no harm to health or well-being of people is reasonable. For air quality impacts, using an enforced AQOs, rather than a more stringent AQOs still in consultation stage, for consideration was not irrational nor Wednesbury unreasonable. Together with there was no suggestion that a stand-alone assessment was necessary in the large number of comments received from public, the judge in the Court of Appeal concluded that the decision of DEP should not be overturned in this case. What did the judge mean by his statement at p.24 of the case: â€Å"The Judiciary cannot manage the environment†? The Judge stated that â€Å"the Judiciary cannot manage the environment† to show the limitation of court. The court can only apply law enacted, cannot interfere the political decisions. In this case, the applicant challenged on the use of AQOs which without PM2.5 cannot measure the health impact from the project. However, the criteria set in the AQOs is a matter of policy, courts cannot interfere the numbers set. Therefore, even though PM2.5 did have significant health impact of human and the new AQOs was under consultation that time, it is still not irrational for the proponent to adopt the AQOs without requirement on PM2.5 in the EIA report, which still meet the requirement in the SB. Moreover, the information required for the policy decision making is based on a professional judgement of the DEP. Though the TM required DEP to consider a number of information, but as TM is only a general guidelines to all projects, not law, it is unnecessary for every project to use the same set of information with different characteristics. It is reasonable to specific each project through SB and exclude unnecessary information to ensure the cost-effectiveness of the EIA assessment. The court can only review on the content in the EIA reports met the requirements in the SB or the TM if there such requirement stated and the construction of the TM and the SB. For example, the applicate said 2031 cannot represent the â€Å"reasonably worst case scenario† as required by the SBs and there is no proof that the AQOs will not be breached before 2031 as a result of the HKZM projects going into operation. The approach of court was to justify the requirements in the SB and review the interpretation and application in the EIA report, not concerning technically whether 2031 can or cannot represent the â€Å"reasonably worst case scenario† a or would the AQOs be exceed before 2031. The court found that there is no requirements that the year of â€Å"reasonably worst case scenario† in SB clause 3.4.1.4(iv)(a) to be different from the 15 year study required in SB clause 3.4.1.4(iv)(b). Therefore, there is no misinterpretation and misapplication of these two clauses in the EIA report. The wisdom of the decision, the adequacy of the criteria in TM and SBs to meet their purposes nor the adequacy of the air quality objectives in forced are policy, a matter for the Executive, not for courts. Thus they are not the concerned in this judicial review. The courts can only apply law to identify who are guilty and punish who committed law. What are the constraints which bind a court when reviewing a decision of the HK Government (the Executive)? The Basic Law imposed a constitutional division of power into different branches of government, which draw a clear line between different branches to clarify their function and powers. In order to ensure the act of executive obey law, a process, called judicial review, is used to review any binding and authoritative decisions of the Government if any rise the issue through the application process. The courts have the power to strike down the concerned decision. However, there are several constraints bind a court during the process. Firstly, judicial review can only applies to the acts of the executive authorities of the HKSAR. As it is a tool to mainly regulate the conduct of the executive act of the government, it does not apply to legislature Secondly, during the review process, the courts will only consider whether acts of the executive authorities of the HKSAR on three grounds, including contrary to the Basic Law and therefore invalid as being unconstitutional; Contrary to the principle of procedural fairness; or, Irrational or Wednesbury unreasonable. Otherwise, the courts cannot conduct the judicial review and interfere the decision of the executive authorities. Additionally, the Courts also do not have power to review a government acts that interfere with individual rights potentially regarded as an act of state under a broad definition. Why is a separation of powers between the judiciary and the executive important for the rule of law in Hong Kong? The foundation of the rule of law is, from the notion of Aristotle, government is the best when it is done by law not by man. This requires to ensure the individual liberties through regulating behaviour by means of law only and punishment only in accordance with the law. Hong Kong have the basis of constitutional division of power into different branches of government. The power is shared among the executive, the legislature and the judiciary. Between the judiciary and the executive, separation of powers can prevent the Government abuse its power, particularly from exercising whims to people who has not breached the law and found not guilty. In order to ensure there is no concentration of power within any branch, certain powers of each branch are checked and balanced by powers of supervision conferred on the other branches. According to the Chapter 4 of the Basic Law, the Government must follow the law when setting policy, operate within laws and the courts have the role of checking the constitutionality of the actions of the executive. Public can apply for a judicial review when they found the administrative decisions of the executive authorities found irrational or Wednesbury unreasonable Moreover, the final adjudication is granted to the Court of Final Appeal, though on some issue, such as the NPCSC interpretation, this is arguable. This judicial system regulate inside itself, thus ensure the discretion from other branches. These support the dependence of the judiciary in Hong Kong.

Earning Management - 1159 Words

Earning management is good or not? Introdcution This essay is to examine whether earning management is it good or bad. Though there is so many debate about whether it should be accepted to be good rather than bad, however, this essay will explain the both side of earnings management. Earnings management reduces the quality of financial reporting, it can interfere with the resource allocation in the economy and can bring adverse consequences to the financial market. This essay analyses both, causes and motives of earnings management as well as possible remedies. Therefore, it is not surprising that market participants, legislators, regulators, and academics are concerned with the need to control financial reporting abuses. The†¦show more content†¦Therefore, it is reasonable to assume that earnings restatement firms can be characterized as firms who knowingly and intentionally engaged in earnings manipulation. Financial Reporting Perspective Based on Hanna (1999) article in CA magazine review, important point to get across from this article is that management is tempted to provide excessive unusual, non-recurring and extraordinary charges, to put future earnings in the bank. Furthermore, these future earnings are buried in operations. This makes it difficult for investors to diagnose the reasons for subsequent earnings increases. Investors and analysts look to core earnings, ignoring extraordinary and non-recurring items Implies manager not penalized for non-core charges, such as write-downs, provisions for restructuring. But current non-core charges increase core earnings in future years, through lower amortization and absorption of future costs. As a result, managers tempted to ―overdose on non-core charges, thereby putting earnings ―in the bank also called cookie jar accounting. Conclusions The concept of the earnings management is difficult to define and very subjective to decide. I believe that earnings management not only due to violation of GAAP but also aggressively choose GAAP method that are considered as earnings management. This broad definition may discourage earnings management and benefitShow MoreRelatedEarnings Management3502 Words   |  15 PagesIs earnings management good or bad? Who (or which part of corporate governance mechanisms) is responsible to constrain earnings management? To what extent can the auditor constrain earnings management? Propose some methods for the auditors to detect and constrain earnings management. Does market react to firms earnings management behavior? In order to discuss earnings management and what its affects are on business and whether or not its a good thing, one must first understand what earnings managementRead MoreEarning Management: Is It Good or Not?1167 Words   |  5 PagesEarning management is good or not? Introdcution This essay is to examine whether earning management is it good or bad. Though there is so many debate about whether it should be accepted to be good rather than bad, however, this essay will explain the both side of earnings management. Earnings management reduces the quality of financial reporting, it can interfere with the resource allocation in the economy and can bring adverse consequences to the financial market. This essay analyses both, causesRead MoreEarnings Management Essay1007 Words   |  5 Pagesevidences of managers manipulating the earnings for various reasons. â€Å"Earnings management is the choice by a manager of accounting policies, or real actions, affecting earnings so as to achieve some specific reported earnings objective† (Scott, 2012, p. 423). Managers play an important role in the company because they have control over the accounting policies, thus, the managers can manipulate the income. There are different viewpoints about earnings management. 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This dissertation investigates another potential earnings management threshold, peer performance, which has been largely ignored in theRead MoreEarning Management4183 Words   |  17 PagesIndustry of UAE Practice Earnings Management Dr. Mohammed Obeidat Introduction It is the right of external users of accounting information to be provided with more adequate information to protect their interests. Many questionable issues concerning the term of earnings management are still available. Auditors, accountants, financial analysts, and other concerned parties may hold the responsibility of detecting external users from the practices of earnings management. Many questionable issuesRead MoreEarning Management4172 Words   |  17 PagesBanking Industry of UAE Practice Earnings Management Dr. Mohammed Obeidat Introduction It is the right of external users of accounting information to be provided with more adequate information to protect their interests. 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The Host Chapter 16 Assigned Free Essays

string(43) " duly designated appointees of the result\." The ledge of the rock exit was worn down, but it scraped my palms and shins as I scrambled through it. It hurt, stiff as I was, to wrench myself erect, and my breath caught. My head swam as the blood flowed downward. We will write a custom essay sample on The Host Chapter 16: Assigned or any similar topic only for you Order Now I looked for only one thing-where Jared was, so that I could put myself between him and his attackers. They all stood frozen in place, staring at me. Jared had his back to the wall, his hands balled into fists and held low. In front of him, Kyle was hunched over, clutching his stomach. Ian and a stranger flanked him a few feet back, their mouths open with shock. I took advantage of their surprise. In two long, shaky strides, I moved between Kyle and Jared. Kyle was the first to react. I was less than a foot from him, and his primary instinct was to shove me away. His hand struck my shoulder and heaved me toward the floor. Before I could fall, something caught my wrist and yanked me back to my feet. As soon as he realized what he’d done, Jared dropped my wrist like my skin was oozing acid. â€Å"Get back in there,† he roared at me. He shoved my shoulder, too, but it wasn’t as hard as Kyle’s push. It sent me staggering two feet back toward the hole in the wall. The hole was a black circle in the narrow hallway. Outside the small prison, the bigger cave looked just the same, only longer and taller, a tube rather than a bubble. A small lamp-powered by what, I couldn’t guess-lit the hallway dimly from the ground. It cast strange shadows on the features of the men, turning them into scowling monster faces. I took a step toward them again, turning my back to Jared. â€Å"I’m what you want,† I said directly to Kyle. â€Å"Leave him alone.† No one said anything for a long second. â€Å"Tricky bugger,† Ian finally muttered, eyes wide with horror. â€Å"I said get back in there,† Jared hissed behind me. I turned halfway, not wanting Kyle out of my sight. â€Å"It’s not your duty to protect me at your own expense.† Jared grimaced, one hand rising to push me back toward the cell again. I skipped out of the way; the motion moved me toward the ones who wanted to kill me. Ian grabbed my arms and pinned them behind me. I struggled instinctively, but he was very strong. He bent my joints too far back and I gasped. â€Å"Get your hands off her!† Jared shouted, charging. Kyle caught him and spun him around into a wrestling hold, forcing his neck forward. The other man grabbed one of Jared’s thrashing arms. â€Å"Don’t hurt him!† I screeched. I strained against the hands that imprisoned me. Jared’s free elbow rammed into Kyle’s stomach. Kyle gasped and lost his grip. Jared twisted away from his attackers and then lunged back, his fist connecting with Kyle’s nose. Dark red blood spattered the wall and the lamp. â€Å"Finish it, Ian!† Kyle yelled. He put his head down and hurtled into Jared, throwing him into the other man. â€Å"No!† Jared and I cried at the same moment. Ian dropped my arms, and his hands wrapped around my throat, choking off my air. I clawed at his hands with my useless, stubby nails. He gripped me tighter, dragging my feet off the floor. It hurt-the strangling hands, the sudden panic of my lungs. It was agony. I writhed, more trying to escape the pain than the murdering hands. Click, click. I’d only heard the sound once before, but I recognized it. So did everyone else. They all froze, Ian with his hands locked hard on my neck. â€Å"Kyle, Ian, Brandt-back off!† Jeb barked. No one moved-just my hands, still clawing, and my feet, twitching in the air. Jared suddenly darted under Kyle’s motionless arm and sprang at me. I saw his fist flying toward my face, and closed my eyes. A loud thwack sounded inches behind my head. Ian howled, and I dropped to the floor. I crumpled there at his feet, gasping. Jared retreated after an angry glance in my direction and went to stand at Jeb’s elbow. â€Å"You’re guests here, boys, and don’t forget it,† Jeb growled. â€Å"I told you not to go looking for the girl. She’s my guest, too, for the moment, and I don’t take kindly to any of my guests killing any of the others.† â€Å"Jeb,† Ian moaned above me, his voice muffled by the hand held to his mouth. â€Å"Jeb. This is insane.† â€Å"What’s your plan?† Kyle demanded. His face was smeared with blood, a violent, macabre sight. But there was no evidence of pain in his voice, only controlled and simmering anger. â€Å"We have a right to know. We have to decide whether this place is safe or if it’s time to move on. So†¦ how long will you keep this thing as your pet? What will you do with it when you’re finished playing God? All of us deserve to know the answers to these questions.† Kyle’s extraordinary words echoed behind the pulse thudding in my head. Keep me as a pet? Jeb had called me his guest†¦ Was that another word for prisoner? Was it possible that two humans existed that did not demand either my death or my torture-wrung confession? If so, it was nothing less than a miracle. â€Å"Don’t have your answers, Kyle,† Jeb said. â€Å"It’s not up to me.† I doubted any other response Jeb could have given would have confused them more. All four men, Kyle, Ian, the one I didn’t know, and even Jared, stared at him with shock. I still crouched gasping at Ian’s feet, wishing there was some way I could climb back into my hole unnoticed. â€Å"Not up to you?† Kyle finally echoed, still disbelieving. â€Å"Who, then? If you’re thinking of putting it to a vote, that’s already been done. Ian, Brandt, and I are the duly designated appointees of the result. You read "The Host Chapter 16: Assigned" in category "Essay examples"† Jeb shook his head-a tight movement that never took his eyes off the man in front of him. â€Å"It’s not up for a vote. This is still my house.† â€Å"Who, then?† Kyle shouted. Jeb’s eyes finally flickered-to another face and then back to Kyle. â€Å"It’s Jared’s decision.† Everyone, me included, shifted their eyes to stare at Jared. He gaped at Jeb, just as astonished as the rest, and then his teeth ground together with an audible sound. He threw a glare of pure hate in my direction. â€Å"Jared?† Kyle asked, facing Jeb again. â€Å"That makes no sense!† He was not in control of himself now, almost spluttering in rage. â€Å"He’s more biased than anyone else! Why? How can he be rational about this?† â€Å"Jeb, I don’t†¦Ã¢â‚¬  Jared muttered. â€Å"She’s your responsibility, Jared,† Jeb said in a firm voice. â€Å"I’ll help you out, of course, if there’s any more trouble like this, and with keeping track of her and all that. But when it comes to making decisions, that’s all yours.† He raised one hand when Kyle tried to protest again. â€Å"Look at it this way, Kyle. If somebody found your Jodi on a raid and brought her back here, would you want me or Doc or a vote deciding what we did with her?† â€Å"Jodi is dead,† Kyle hissed, blood spraying off his lips. He glared at me with much the same expression Jared had just used. â€Å"Well, if her body wandered in here, it would still be up to you. Would you want it any other way?† â€Å"The majority -â€Å" â€Å"My house, my rules,† Jeb interrupted harshly. â€Å"No more discussion on this. No more votes. No more execution attempts. You three spread the word-this is how it works from now on. New rule.† â€Å"Another one?† Ian muttered under his breath. Jeb ignored him. â€Å"If, unlikely as it may be, somehow this ever happens again, whoever the body belongs to makes the call.† Jeb poked the barrel of the gun toward Kyle, then jerked it a few inches toward the hall behind him. â€Å"Get out of here. I don’t want to see you anywhere around this place again. You let everyone know that this corridor is off-limits. No one’s got any reason for being here except Jared, and if I catch someone skulking around, I’m asking questions second. You got that? Move. Now.† He jabbed the gun at Kyle again. I was amazed that the three assassins immediately stalked back up the hallway, not even pausing to give me or Jeb a parting grimace. I deeply wanted to believe that the gun in Jeb’s hands was a bluff. From the first time I’d seen him, Jeb had shown every outward appearance of kindness. He had not touched me once in violence; he had not even looked at me with recognizable hostility. Now it seemed that he was one of only two people here who meant me no harm. Jared might have fought to keep me alive, but it was plain that he was intensely conflicted about that decision. I sensed that he could change his mind at any time. From his expression, it was clear that part of him wanted this over with-especially now that Jeb had put the decision on his shoulders. While I made this analysis, Jared glowered at me with disgust in every line of his expression. However, as much as I wanted to believe that Jeb was bluffing, while I watched the three men disappear into the darkness away from me, it was obvious there was no way he could be. Under the front he presented, Jeb must have been just as deadly and cruel as the rest of them. If he hadn’t used that gun in the past-used it to kill, not just to threaten-no one would have obeyed him this way. Desperate times, Melanie whispered. We can’t afford to be kind in the world you’ve created. We’re fugitives, an endangered species. Every choice is life-or-death. Shh. I don’t have time for a debate. I need to focus. Jared was facing Jeb now, one hand held out in front of him, palm up, fingers curled limply. Now that the others were gone, their bodies slumped into a looser stance. Jeb was even grinning under his thick beard, as though he’d enjoyed the standoff at gunpoint. Strange human. â€Å"Please don’t put this on me, Jeb,† Jared said. â€Å"Kyle is right about one thing-I can’t make a rational decision.† â€Å"No one said you had to decide this second. She’s not going anywhere.† Jeb glanced down at me, still grinning. The eye closest to me-the one Jared couldn’t see-closed quickly and opened again. A wink. â€Å"Not after all the trouble she took to get here. You’ve got plenty of time to think it through.† â€Å"There’s nothing to think through. Melanie is dead. But I can’t-I can’t-Jeb, I can’t just†¦Ã¢â‚¬  Jared couldn’t seem to finish the sentence. Tell him. I’m not ready to die right this second. â€Å"Don’t think about it, then,† Jeb told him. â€Å"Maybe you’ll figure something out later. Give it some time.† â€Å"What are we going to do with it? We can’t keep watch on it round the clock.† Jeb shook his head. â€Å"That’s exactly what we’re going to have to do for a while. Things will calm down. Even Kyle can’t preserve a murderous rage for more than a few weeks.† â€Å"A few weeks? We can’t afford to play guard down here for a few weeks. We have other things -â€Å" â€Å"I know, I know.† Jeb sighed. â€Å"I’ll figure something out.† â€Å"And that’s only half the problem.† Jared looked at me again; a vein in his forehead pulsed. â€Å"Where do we keep it? It’s not like we have a cell block.† Jeb smiled down at me. â€Å"You’re not going to give us any trouble, now, are you?† I stared at him mutely. â€Å"Jeb,† Jared muttered, upset. â€Å"Oh, don’t worry about her. First of all, we’ll keep an eye on her. Secondly, she’d never be able to find her way out of here-she’d wander around lost until she ran into somebody. Which leads us to number three: she’s not that stupid.† He raised one thick white eyebrow at me. â€Å"You’re not going to go looking for Kyle or the rest of them, are you? I don’t think any of them are very fond of you.† I just stared, wary of his easy, chatty tone. â€Å"I wish you wouldn’t talk to it like that,† Jared muttered. â€Å"I was raised in a politer time, kid. I can’t help myself.† Jeb put one hand on Jared’s arm, patting lightly. â€Å"Look, you’ve had a full night. Let me take the next watch here. Get some sleep.† Jared seemed about to object, but then he looked at me again and his expression hardened. â€Å"Whatever you want, Jeb. And†¦ I don’t-I won’t accept responsibility for this thing. Kill it if you think that’s best.† I flinched. Jared scowled at my reaction, then turned his back abruptly and walked the same way the others had gone. Jeb watched him go. While he was distracted, I crept back into my hole. I heard Jeb settle slowly to the ground beside the opening. He sighed and stretched, popping a few joints. After a few minutes, he started whistling quietly. It was a cheery tune. I curled myself around my bent knees, pressing my back into the farthest recess of the little cell. Tremors started at the small of my back and ran up and down my spine. My hands shook, and my teeth chattered softly together, despite the soggy heat. â€Å"Might as well lie down and get some sleep,† Jeb said, whether to me or to himself, I wasn’t sure. â€Å"Tomorrow’s bound to be a tough one.† The shivers passed after a time-maybe half an hour. When they were gone, I felt exhausted. I decided to take Jeb’s advice. Though the floor felt even more uncomfortable than before, I was unconscious in seconds. The smell of food woke me. This time I was groggy and disoriented when I opened my eyes. An instinctive sense of panic had my hands trembling again before I was fully conscious. The same tray sat on the ground beside me, identical offerings on it. I could both see and hear Jeb. He sat in front of the cave in profile, looking straight ahead down the long round corridor and whistling softly. Driven by my fierce thirst, I sat up and grabbed the open bottle of water. â€Å"Morning,† Jeb said, nodding in my direction. I froze, my hand on the bottle, until he turned his head and started whistling again. Only now, not quite so desperately thirsty as before, did I notice the odd, unpleasant aftertaste to the water. It matched the acrid taste of the air, but it was slightly stronger. The tang lingered in my mouth, inescapable. I ate quickly, this time saving the soup for last. My stomach reacted more happily today, accepting the food with better grace. It barely gurgled. My body had other needs, though, now that the loudest ones had been sated. I looked around my dark, cramped hole. There weren’t a lot of options visible. But I could barely contain my fear at the thought of speaking up and making a request, even of the bizarre but friendly Jeb. I rocked back and forth, debating. My hips ached from curving to the bowled shape of the cave. â€Å"Ahem,† Jeb said. He was looking at me again, his face a deeper color under the white hair than usual. â€Å"You’ve been stuck in here for a while,† he said. â€Å"You need to†¦ get out?† I nodded. â€Å"Don’t mind a walk myself.† His voice was cheerful. He sprang to his feet with surprising agility. I crawled to the edge of my hole, staring out at him cautiously. â€Å"I’ll show you our little washroom,† he continued. â€Å"Now, you should know that we’re going to have to go through†¦ kind of the main plaza, so to speak. Don’t worry. I think everyone will have gotten the message by now.† Unconsciously, he stroked the length of his gun. I tried to swallow. My bladder was so full it was a constant pain, impossible to ignore. But to parade right through the middle of the hive of angry killers? Couldn’t he just bring me a bucket? He measured the panic in my eyes-watched the way I automatically shrank back farther into the hole-and his lips pursed in speculation. Then he turned and started walking down the dark hall. â€Å"Follow me,† he called back, not looking to see if I obeyed. I had one vivid flash of Kyle finding me here alone, and was after Jeb before a second passed, scrambling awkwardly through the opening and then hobbling along on my stiff legs as fast as I could to catch up. It felt both horrible and wonderful to stand straight again-the pain was sharp, but the relief was greater. I was close behind him when we reached the end of the hall; darkness loomed through the tall broken oval of the exit. I hesitated, looking back at the small lamp he’d left on the floor. It was the only light in the dark cave. Was I supposed to bring it? He heard me stop and turned to peer at me over his shoulder. I nodded toward the light, then looked back at him. â€Å"Leave it. I know my way.† He held out his free hand to me. â€Å"I’ll guide you.† I stared at the hand for a long moment, and then, feeling the urgency in my bladder, I slowly put my hand on his palm, barely touching it-the way I would have touched a snake if for some reason I was ever forced to. Jeb led me through the blackness with sure, quick steps. The long tunnel was followed by a series of bewildering twists in opposing directions. As we rounded yet another sharp V in the path, I knew I was hopelessly turned around. I was sure this was on purpose, and the reason Jeb had left the lamp behind. He wouldn’t want me knowing too much about how to find my way out of this labyrinth. I was curious as to how this place had come to be, how Jeb had found it, and how the others had wound up here. But I forced my lips tightly together. It seemed to me that keeping silent was my best bet now. What I was hoping for, I wasn’t sure. A few more days of life? Just a cessation of pain? Was there anything else left? All I knew was that I wasn’t ready to die, as I’d told Melanie before; my survival instinct was every bit as developed as the average human’s. We turned another corner, and the first light reached us. Ahead, a tall, narrow crevice glowed with light from another room. This light was not artificial like the little lamp by my cave. It was too white, too pure. We couldn’t move through the narrow fracture in the rock side by side. Jeb went first, towing me close behind. Once through-and able to see again-I pulled my hand out of Jeb’s light grip. He didn’t react in any way except to put his newly freed hand back on the gun. We were in a short tunnel, and a brighter light shone through a rough arched doorway. The walls were the same holey purple rock. I could hear voices now. They were low, less urgent than the last time I’d heard the babble of a human crowd. No one was expecting us today. I could only imagine what the response would be to my appearance with Jeb. My palms were cold and wet; my breath came in shallow gasps. I leaned as close as I could to Jeb without actually touching him. â€Å"Easy,† he murmured, not turning. â€Å"They’re more afraid of you than you are of them.† I doubted that. And even if there were any way that it could be true, fear turned into hatred and violence in the human heart. â€Å"I won’t let anybody hurt you,† Jeb mumbled as he reached the archway. â€Å"Anyway, might as well get used to this.† I wanted to ask what that meant, but he stepped through into the next room. I crept in after him, half a step behind, keeping myself hidden by his body as much as possible. The only thing harder than moving myself forward into that room was the thought of falling behind Jeb and being caught alone here. Sudden silence greeted our entrance. We were in the gigantic, bright cavern again, the one they’d first brought me to. How long ago was that? I had no idea. The ceiling was still too bright for me to make out exactly how it was lit. I hadn’t noticed before, but the walls were not unbroken-dozens of irregular gaps opened to adjoining tunnels. Some of the openings were huge, others barely large enough for a man to fit through stooped over; some were natural crevices, others were, if not man-made, at least enhanced by someone’s hands. Several people stared at us from the recesses of those crevices, frozen in the act of coming or going. More people were out in the open, their bodies caught in the middle of whatever movement our entrance had interrupted. One woman was bent in half, reaching for her shoelaces. A man’s motionless arms hung in the air, raised to illustrate some point he’d been making to his companions. Another man wobbled, caught off balance in a sudden stop. His foot came down hard as he struggled to keep steady; the thud of its fall was the only sound in the vast space. It echoed through the room. It was fundamentally wrong for me to feel grateful to that hideous weapon in Jeb’s hands†¦ but I did. I knew that without it we would probably have been attacked. These humans would not stop themselves from hurting Jeb if it meant they could get to me. Though we might be attacked despite the gun. Jeb could only shoot one of them at a time. The picture in my head had turned so grisly that I couldn’t bear it. I tried to focus on my immediate surroundings, which were bad enough. Jeb paused for a moment, the gun held at his waist, pointing outward. He stared all around the room, seeming to lock his gaze one by one with each person in it. There were fewer than twenty here; it did not take long. When he was satisfied with his study, he headed for the left wall of the cavern. Blood thudding in my ears, I followed in his shadow. He did not walk directly across the cavern, instead keeping close to the curve of the wall. I wondered at his path until I noticed a large square of darker ground that took up the center of the floor-a very large space. No one stood on this darker ground. I was too frightened to do more than notice the anomaly; I didn’t even guess at a reason. There were small movements as we circled the silent room. The bending woman straightened, twisting at the waist to watch us go. The gesturing man folded his arms across his chest. All eyes narrowed, and all faces tightened into expressions of rage. However, no one moved toward us, and no one spoke. Whatever Kyle and the others had told these people about their confrontation with Jeb, it seemed to have had the effect Jeb was hoping for. As we passed through the grove of human statues, I recognized Sharon and Maggie eyeing us from the wide mouth of one opening. Their expressions were blank, their eyes cold. They did not look at me, only Jeb. He ignored them. It felt like years later when we finally reached the far side of the cavern. Jeb headed for a medium-sized exit, black against the brightness of this room. The eyes on my back made my scalp tingle, but I didn’t dare to look behind me. The humans were still silent, but I worried that they might follow. It was a relief to slip into the darkness of the new passageway. Jeb’s hand touched my elbow to guide me, and I did not shrink away from it. The babble of voices didn’t pick up again behind us. â€Å"That went better than I expected,† Jeb muttered as he steered me through the cave. His words surprised me, and I was glad I didn’t know what he’d thought would happen. The ground sloped downward under my feet. Ahead, a dim light kept me from total blindness. â€Å"Bet you’ve never seen anything like my place here.† Jeb’s voice was louder now, back to the chatty tone he’d used before. â€Å"It’s really something, isn’t it?† He paused briefly in case I might respond, and then went on. â€Å"Found this place back in the seventies. Well, it found me. I fell through the roof of the big room-probably shoulda died from the fall, but I’m too tough for my own good. Took me a while to find a way out. I was hungry enough to eat rock by the time I managed it. â€Å"I was the only one left on the ranch by then, so I didn’t have anyone to show it to. I explored every nook and cranny, and I could see the possibilities. I decided this might be a good card to keep up my sleeve, just in case. That’s how we Stryders are-we like to be prepared.† We passed the dim light-it came from a fist-sized hole in the ceiling, making a small circle of brightness on the floor. When it was behind us, I could see another spot of illumination far ahead. â€Å"You’re probably curious as to how this all got here.† Another pause, shorter than the last. â€Å"I know I was. I did a little research. These are lava tubes-can you beat that? This used to be a volcano. Well, still is a volcano, I expect. Not quite dead, as you’ll see in a bit. All these caves and holes are bubbles of air that got caught in the cooling lava. I’ve put quite a bit of work into it over the last few decades. Some of it was easy-connecting the tubes just took a little elbow grease. Other parts took more imagination. Did you see the ceiling in the big room? That took me years to get right.† I wanted to ask him how, but I couldn’t bring myself to speak. Silence was safest. The floor began to slant downward at a steeper angle. The terrain was broken into rough steps, but they seemed secure enough. Jeb led me down them confidently. As we dropped lower and lower into the ground, the heat and humidity increased. I stiffened when I heard a babble of voices again, this time from ahead. Jeb patted my hand kindly. â€Å"You’ll like this part-it’s always everyone’s favorite,† he promised. A wide, open arch shimmered with moving light. It was the same color as the light in the big room, pure and white, but it flickered at a strange dancing pace. Like everything else that I couldn’t understand in this cavern, the light frightened me. â€Å"Here we are,† Jeb said enthusiastically, pulling me through the archway. â€Å"What do you think?† How to cite The Host Chapter 16: Assigned, Essay examples

The Veldt Ray Bradbury Essay Example For Students

The Veldt Ray Bradbury Essay Fahrenheit 451, The Martian Chronicles, and The Illustrated Man are three of Ray Bradbury’s most famous books. Ray Bradbury has written thousands of published items from poetry to short stories to three hundred page books; he has done it all. Bradbury’s best writing combines a great imagination with a poetic style of its own. Ray Bradbury, an American author was born on August 22, 1920 in Waukegan, Illinois. Ray is the third son of Leonard Spaulding Bradbury and Esther Marie Moberg Bradbury. In the fall of 1926 his family moved to Tucson, Arizona, only to return to Waukegan again in May of 1927. By 1931 he began writing his own stories on butcher paper. His childhood was very important to him because it was a constant source of intense situations, emotions, and feelings that generate great stories. As a teen he was most inspired by seeing â€Å"The Hunchback of Notre Dame.† In 1932 his father was laid off at his job as an electrical lineman, the family moved to T ucson and again returned to Waukegan the following year. In 1934 the Bradbury family moved to Los Angeles, California. Bradbury graduated from Los Angeles high school in 1938. From 1938 to 1942 he sold newspapers on the street corners of Los Angeles. All of his spare time was spent on a typewriter. Ray decided to become a full time writer just one year after graduating from high school. Bradbury’s first published collection of short stories was Dark Carnival. His short stories have appeared in more than 1,000 school curriculum â€Å"recommended reading† anthologies, but Bradbury’s major breakthrough came in 1950 when The Martian Chronicles was published. The Martian Chronicles is a science fiction book that describes the first attempts of Earth people to conquer and colonize Mars, and the unknown consequences that are in store for the earth people. â€Å"Science-fantasy† was the nickname given to Bradbury’s style of writing after the critics read his first big success. Next came The Illustrated Man and then, in 1953 Fahrenheit 451, which is considered to be Bradbury’s most famous novel. â€Å"A scathing indictment of censorship set in a future world where the written word is forbidden.† (Touponce) In an attempt to salvage their history and culture, a group of rebels memorize entire works of literature and philosophy as their books are burned by the oppressive state. Bradbury hasn’t stopped writing after 63 years of professional writing. He just released another book entitled From the Dust Returned. People believe this will be his last book. With it he leaves a great legacy behind. Bradbury has won numerous awards including: four Best American Short Story Collections, the Henry Memorial Award, the World Fantasy Award for Lifetime Achievement, the Grand Master Award from the Science Fiction Writers of America, the PEN Center USA West Lifetime Achievement Award, and the Foundation Medal for Distinguished Contribution to American Letters Award. Bradbury’s writing has been honored in many ways, but perhaps the most unusual was when an Apollo astronaut named the Dandelion Crater on the Moon after Bradbury’s novel, Dandelion Wine. Outside of his literary achievements, Bradbury was the idea consultant who wrote the basic scenario for the United States Pavilion at the 1964 New York World’s Fair. He conceived the metaphors for Spaceship Earth, EPCOT, Disney World, and he contributed to the conception of the Orbitron space ride at Euro-Disney, France. â€Å"Go to the edge of a cliff and jump off, build your wings on the way down.† (Bradbury)Bradbury is known primarily as a writer of science fiction, and children’s literature. When critics discuss his work today it is often about his two works from the 1950’s, Fahrenheit 451 and The Martian Chronicles. â€Å"Bradbury is usually accused of narrative inconsistencies and poor knowledge of science.† (Touponce) It is ironic that his generic logic of antinomies never allows him to consider the possibility that Bradbury’s surrational imaginings to use a phrase coined by Gaston Bachelard that Andre Breton employed when he discussed surrealism’s relationships to scientific knowledge. Bradbury’s work should be studied for its rich imaginative vision, and then for the way in which it links up with the larger literary movements of the twentieth century. In short, at the current state of our knowledge of this genre and how it demands to be read, everyone is his own Aristotle. (Touponce)The Martian Chronicles portrays the colonization and destruction of the nearly mystical and telepathic Martian civilization by waves of Earthmen, is not to be understood as a simple reflection of social and economical conditions. The writing can be seen in sudden fissures that accompany them. Craftily observing that many works of science fiction ostensibly about the future seem to offer us a retrospective glance as well. Carrouges explains that Bradbury’s Martian Chronicles expresses that guilt of the twentieth century’s destruction of exotic and primitive civilizations. (Touponce)John J. McLaughlin wrote that â€Å"much of the bulk of Bradbury’s fiction has been concerned with a single theme-the loss of human values to the machine.† This becomes apparent in The Martian Chronicles. Bradbury deals with, †the initial attempts to successfully establish a footing on Mars.† chronicled, †the rise and fall of the Mars colony† (Jennifer Hicks)Bradbury shows his deepest honesty and courage in making so implicit and unmistakable a criticism of the destructive forces he sees about his own land. Certainly he has pictured a place so awful, so replete with destruction, that as readers, we want no part of it. We can imagine easily that Bradbury is responding not only to his authorial need to show us how similar our decline can be to the decline of Mars in the book. (Robert Peltier)When asked in an interview what he thought about censorship he said, â€Å"You have to have taste.† His opinion on screenwriters these days, â€Å"they are just too lazy to w rite without profanity.† Ray Bradbury has been giving us things to read for over sixty years. Bradbury’s writing style has that something that makes everyone interested. When asked if he considers himself a teacher he said, â€Å"As a writer you must be. You can’t be self-conscious about it, but if you do something good someone might imitate it. So if you like my writing, you may very well imitate my passion.† (Bradbury)Bibliography: