When conducting research involving human participants, it is important to carry out the research in a manner that respects the dignity of the human participants. This is particularly relevant for those conducting empirical legal research, as well as research in the area of behavioural law and economics.

HKU Policy on Research Integrity (‘Principles of Research Integrity’, Section 1): 

All researchers have a duty to care for the human participants … under study.

HKU Policy on Research Integrity (‘Responsible conduct of research’, Section 2.1):  

The design of the research should aim at maximizing the benefits and reducing the risks to participants of the research. There should be an appropriate balance between benefits and risks, and the well-being of the participants involved, especially those from vulnerable groups (such as young children and the mentally disadvantaged), should be protected. Rights of participants to make decisions for themselves should be respected, and researchers should not exert undue influence on participants’ decisions. Researchers should avoid conduct that may directly influence or distort research results. In collecting information, researchers should be sensitive towards differences in ethnic origin, culture, social class, religion, gender and age, and the information collected should be used only for the purpose of the investigation. Data collection through deception should be avoided, and if it is absolutely necessary for deception to be employed, the researcher must ensure that no more than minimal risk is involved. Participants should be informed of the deception after data collection, and the data may be used only with the participants’ consent after the event. The privacy of participants must be protected and all personal information should be treated in a confidential manner. In particular, so far as personal data are concerned, the Personal Data (Privacy) Ordinance and the data protection principles in Schedule 1 of that Ordinance should be complied with.  If there is any doubt about issues regarding personal data, assistance and advice should be sought from the University’s Data Protection Officer.

(See also Personal Data (Privacy) Ordinance (Cap. 486) (pdf))

HKU Policy on Research Integrity (‘Care and safety’, Section 2.3):  

All human … research subjects must be treated with care and respect.  In the design of the research, sufficient provisions should be made for ensuring the safety of the human participants in the data collection.  Risks and distress to participants should be estimated and kept to a minimum.  The safety, health and welfare of the community and of all people relating to the research must be safeguarded. 

HKU Policy on Research Integrity (‘Abuse of data’, Section 3.2):

Abuse of data – this includes …

Unethical collection of data – collecting data through exploitation of vulnerable or disadvantaged groups, or unnecessarily infringing upon the privacy of participants; the data collection process harmful to participants, or putting them to more risk than necessary;

The external documents cited in the HKU Policy on Research Integrity state the following regarding researchers’ responsibility towards research participants:

The European Code of Conduct on Research Integrity (Section 2.3):

– All research subjects, be they human, animal, cultural, biological, environmental or physical, should be handled with respect and care.

– The health, safety or welfare of the community, or of collaborators and others connected with the research, should not be compromised.

– Sensitivity to age, gender, culture, religion, ethnic origin and social class of research subjects should be evinced.

– Human subject protocols should not be violated: this implies complying with the requirement of informed consent on the basis of adequate and appropriate information, and to voluntary agreement to participate, treating personal information with highest possible confidentiality, avoiding unnecessary deception, and using the obtained information only for the purpose of the investigation.

Vulnerable participants

The HKU Policy on Research Integrity (Section 2.1) states that “the well-being of the participants involved, especially those from vulnerable groups (such as young children and the mentally disadvantaged), should be protected”.

The Edinburgh School of Law Policy on Research Ethics (doc) lists the following as examples of people falling within the category of potentially vulnerable participants:

children, patients, people with mental illness or impairment, people who have experienced or are at risk of physical or sexual abuse or torture, prisoners and others undergoing detention or other curtailments of their liberty

Deception research

The HKU Policy on Research Integrity (Section 2.1) states that “Data collection through deception should be avoided, and if it is absolutely necessary for deception to be employed, the researcher must ensure that no more than minimal risk is involved.”

Sensitivity towards differences in ethnic origin, culture, social class, religion, gender and age

The HKU Policy on Research Integrity (Section 2.1) states that “researchers should be sensitive towards differences in ethnic origin, culture, social class, religion, gender and age”.

Right to withdraw from participation

Although not mentioned explicitly, the HKU Policy on Research Integrity (Section 2.1) states that “Rights of participants to make decisions for themselves should be respected, and researchers should not exert undue influence on participants’ decisions”.

Remuneration

HKU Policy on Research Integrity is silent on this issue.

Liability and compensation for research-related injuries

HKU Policy on Research Integrity is silent on this issue.