| RESEARCH AND SCHOLARSHIP
1999
Research Projects Law |
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Research Projects Administrative,
Medicine,
Civil and
Electrical and
Computing
Mechanical,
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THE BANKRUPTCY (AMENDMENT) ORDINANCE OF 1994 To study the changes made in the new legislation and to discuss the importance of this major effort to reform Hong Kong's bankruptcy laws. Investigator: Mr. C.D. Booth Department: Professional Legal Education Starting date: 1994.01
CORPORATE REORGANIZATION IN HONG KONG To analyze the proposals of the law reform commission of Hong Kong regarding corporate rehabilitation. Investigator: Mr. C.D. Booth Department: Professional Legal Education Starting date: 1997.04
CONTESTED CONFESSIONS IN HONG KONG MAGISTRATES' COURTS To secure accurate empirical data as to: (i) the extent; (ii) the nature; (iii) the processing and (iv) the disposition of contested confessions in criminal treats at magistracy level in Hong Kong. Investigator: Ms J.M. Brabyn Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1995.06
CONTESTED CONFESSIONS IN THE HONG KONG DISTRICT COURTS To obtain reliable information about the frequency of contested confessions in the districts courts, the percentage of court time consumed by such challenges, the nature of the challenges made by the defendants, the quality of evidence offered by the prosecution, the attitudes of the judges towards confession evidence generally and towards the challenges in actual cases, the rate of prosecution / defendant success, the significance of admission / exclusion decisions on conviction / acquittal rates. Investigator: Ms J.M. Brabyn Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1996.07
COURT ANNEXED MEDIATION SERVICES IN HONG KONG To examine the viability of ADR as an alternative to Civil Litigation in the resolution of disputes, with particular attention to the use of mediation. This will involve a comparison of the forms and use of mediation services in another common law jurisdiction i.e. New South Wales. I will look in particular at the use of mediation in respect of personal injuries litigation. Investigator: Miss J.R. Burton Department: Professional Legal Education Source of funding: Committee on Research and Conference Grants Starting date: 1996.03
INTERNATIONAL HUMAN RIGHTS AND LABOUR STANDARDS AND FOREIGN DOMESTIC WORKERS IN HONG KONG To examine the applicability of international human rights guarantees and international labour standards to foreign domestic helpers in Hong Kong and the manner in which Hong Kong law and practice conforms or fails to conform to these standards. Investigator: Mr. A.C. Byrnes Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1991.05
INTERNATIONAL LAW, NATIONAL LAW AND THE TRANSNATIONAL ASPECTS OF SEXUAL ABUSE AGAINST CHILDREN To examine present and proposed international and national legal responses to the phenomenon of transnational sexual abuse of children, in particular sex tourism. Investigator: Mr. A.C. Byrnes Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1993.07
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN To prepare comprehensive, critical commentary on the 1979 convention on the elimination of all forms of discrimination against women. Investigator: Mr. A.C. Byrnes Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1994.05
HONG KONG TREATY SUCCESSION PROJECT: HONG KONG'S INTERNATIONAL RELATIONS AFTER 1997 To examine from international law, diplomatic, political and economic perspectives the process and outcome of the negotiation of Hong Kong's position in the international community in the transition to Chinese rule in 1997; the particular focus of the project will be the steps being taken by the British and Chinese governments to ensure that existing treaty arrangements from which Hong Kong benefits due to its status as a British dependent territory continue beyond 1997 so far as possible or are replaced by other appropriate arrangements. Investigators: Mr. A.C. Byrnes (Principal) Ms J.M. Brabyn Professor J.M.M. Chan Professor R. Mushkat Dr. J. Tang Departments: Law Politics and Public Administration Source of funding: Hong Kong Research Grants Council Starting date: 1995.01
HONG KONG COMPANY LAW IN THE 21ST CENTURY: DIRECTIONS FOR CHANGE? To identify future directions for Hong Kong company law using a comparative study of United Kingdom, French and Germany company law. In particular to analyse the current reforms on ultra vires and the protection of creditors in "modern" company law theory and to provide a theoretical framework for the protection of creditors in Hong Kong company law. Investigator: Mrs. A.R. Carver Department: Professional Legal Education Starting date: 1996.07
NATIONALITY, HUMAN RIGHTS AND TERRITORIAL CHANGE This research studies how international human rights law have affected the acquisition, change and loss of nationality of inhabitants of a territory when there is a change of sovereignty. Investigator: Professor J.M.M. Chan Department: Law Starting date: 1988.01
HUMAN RIGHTS AND THE BASIC LAW BULLETIN To note and comment, on a periodical basis, on the latest developments of the Hong Kong Bill of Rights and the Basic Law. Investigators: Professor J.M.M. Chan (Principal) Mr. A.C. Byrnes Department: Law Starting date: 1991.11
THE HONG KONG PUBLIC LAW REPORTS To compile and edit a series of law reports on various aspects of public law in Hong Kong, and in particular, decisions under the Bill of Rights. Investigators: Professor J.M.M. Chan (Principal) Mr. A.C. Byrnes Mr. G. Edwards Department: Law Starting date: 1992.05
HONG KONG'S BILL OF RIGHTS: THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AS DOMESTIC LAW To conduct a systematic and comprehensive study on each of the provisions of the Hong Kong Bill of Rights ordinance and the impact of international human rights norms on the domestic legal system. Investigators: Professor J.M.M. Chan (Principal) Mr. A.C. Byrnes Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1992.07
IMMIGRATION LAW AND POLICY IN HONG KONG: PAST, PRESENT AND THE FUTURE To follow the development of immigration law and policy in Hong Kong since the Second World War; to analyse existing immigration case law; to examine Hong Kong immigration law and policy in the light of international human rights standards, especially the rights of the family and those of the children; to study the problems that will arise or have already arisen under the Basic Law as well as the consequence of the transfer of sovereignty over Hong Kong. Investigators: Professor J.M.M. Chan (Principal) Dr. B.A. Rwezaura Department: Law Source of funding: Hong Kong Research Grants Council Starting date: 1995.09
TRADITIONAL CHINESE LEGAL CULTURE AND THE PROJECT OF LEGAL MODERNISATION To investigate the nature, structure and characteristics of traditional Chinese legal culture and its changes in the course of history, comparing it with the Wesrern legal tradition, and, in the light of this investigation, explore the challenges of the current project of legal modernisation in mainland China. Investigator: Professor A.H.Y. Chen Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1994.07
GLOBALISATION AND CHINESE LAW: THEORETICAL PERSPECTIVES ON THE CONTEMPORARY LEGAL SYSTEM BUILDING IN THE PEOPLE'S REPUBLIC OF CHINA To consider the application of globalisation theory and other social theories to the understanding and interpretation of legal developments in contemporary China. Investigator: Professor A.H.Y. Chen Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1996.07
THE LITERATURE OF HONG KONG LAW: THE STATE OF THE DISCIPLINE To analyse the scope and nature of resources available for the study of the law of Hong Kong, and the approaches and assumptions, and to a lesser extent the value, of the secondary literature (in English) on that law; to provoke debate about the future directions of legal research in Hong Kong; to publish a bibliography of Hong Kong law, the content of which will form the basis for the analysis. Investigators: Miss J.H. Cottrell (Principal) Ms E.M. Nash Departments: Law University Libraries Source of funding: Committee on Research and Conference Grants Starting date: 1995.02
LAWS AND POLICIES OF REAL ESTATE DEVELOPMENT IN SHANGHAI: THE CHALLENGE OF PRIVATE PROPERTY RIGHTS IN CHINA Analysis of new private property rights emerging from China's economic reform and their challenge to and impact on the existing legal and policy framework within which the state and citizens negotiate their changing relationships. Investigator: Dr. X. Feng Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1993.11 Completion date: 1999.06
"RIGHTS OF AUTONOMY" AND PRC LABOUR LAW: THE MAKING OF THE NEW WORKER, HIS MANAGER, AND THEIR ENTERPRISE A study of labour relations and labour disputes in China arising from recent development of "rights of autonomy" of the enterprises, with particular attention to legitimation of the new state-manager/enterprise-worker relationship. Investigator: Dr. X. Feng Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1994.07 Completion date: 1999.06
A STUDY OF NEW PROPOSALS AND EXPERIMENTS OF ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE PRC To study the effectiveness of types of actions and remedies in enforcing established intellectual property rights (IPRs) in the People's Republic of China by means of a critical evaluation of the recently proposed reforms in relevant substantive and procedural laws. Investigator: Dr. X. Feng Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1997.07 Completion date: 1999.06
COMPARATIVE STUDY OF GERMAN AND HONG KONG COPYRIGHT LAWS WITH REGARD TO MULTIMEDIA AND INTERNET USE OF COPYRIGHT MATERIALS To examine application of copyright protection in multimedia and internet environment in Germany and Hong Kong. Investigators: Dr. X. Feng (Principal) Professor B. Steckler Departments: Law Fachhochschule Bielefeld, Germany Source of funding: Germany/Hong Kong Joint Research Scheme Starting date: 1998.01
THE CONSTITUTIONAL ORDER AND HUMAN RIGHTS IN KENYA To examine the constitutional order (i.e. consititutional law and practice) as it has developed in Kenya since its independence in 1963 and to explore the scope in it of the application of human rights. Investigator: Professor Y.P. Ghai Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1991.05
ETHNIC CONFLICT IN ASIA An analysis of research and evaluation of policy measures. Investigator: Professor Y.P. Ghai Department: Law Starting date: 1992.06
THE BILL OF RIGHTS ORDINANCE: HISTORY, INTERPRETATION AND IMPACT To study the Bill of Rights Ordinance in three principal aspects: the history and politics of its enactment, the scope and meaning of its provisions, and its impact on law and administration. The aim is to further our understanding of the Ordinance to ensure that its provisions are properly applied and developed. An important objective is public education in the Ordinance, to enable legal practitioners and judges to acquire greater familiarity with the background to and the interpretations of terms, and to increase the awareness of other professional and social groups of their rights and the potential of the Ordinance in realising them. Investigators: Professor Y.P. Ghai (Principal) Mr. A.C. Byrnes Professor J.M.M. Chan Professor R.I. Wacks Department: Law Source of funding: Hong Kong Research Grants Council Starting date: 1992.10
THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION To analyse the provision of the Baisc Law and to discuss how the political and legal system of Hong Kong would ooperate after June 1997. Investigator: Professor Y.P. Ghai Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1994.07
A SOCIO-ECONOMIC STUDY OF THE HONG KONG LEGAL SYSTEM To examine the importance of the law and legal institutions in Hong Kong society and economy. Investigators: Professor Y.P. Ghai (Principal) Miss J.H. Cottrell Department: Law Source of funding: Hong Kong Research Grants Council Starting date: 1995.01
THE SOCIOLOGICAL ASPECTS OF HONG KONG LEGAL SYSTEM To stimulate research on the sociological aspects of Hong Kong's legal system; to produce a collection on various aspect of the law - public as well as commercial to examine law operates in practice, which kinds of interests are presented through it, Investigator: Professor Y.P. Ghai Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1996.12
CONSTITUTIONAL DEVELOPMENT IN FIJI To examine the interaction between ethnicity and constitutional development, and to analyse the new constitutional arrangements adopted in August 1997. Investigator: Professor Y.P. Ghai Department: Law Starting date: 1997.05
CONSTITUTIONS AND ETHNICITY: CASE STUDY OF FIJI To describe and analyse the making of the 1997 Constitution of Fiji and to examine its provisions. Investigator: Professor Y.P. Ghai Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1998.07
INSOLVENCY LAW AND PRACTICE IN SHENZHEN AND ITS EFFECT ON BUSINESS OPERATIONS IN THE HKSAR (i) To analyse the law and practice arising out of the insolvency regime in Shenzhen; (ii) to assess the impact on, and attitudes of, the participants in the insolvency process (workers, managers, foreign investors, financial institutions, professional advisers and government officials), and to investigate the influence of the Government and Communist Party in the insolvency process; (iii) to ascertain the effectiveness of the existing insolvency regime; (iv) to assess the likely impact on (i) and (ii) above of the pending new insolvency law which will apply throughout the mainland PRC; and to make suggestions, if any, for improving the pending new law and to assess its possible evolvement in the future; (v) to assess the potential for conflict between the Shenzhen and the HKSAR insolvency regimes, and to suggest a framework of rules for dealing with insolvencies where both Shenzhen and HKSAR parties are involved. Investigators: Mr. S.H. Goo (Principal) Mr. C.D. Booth Mr. P.ST.J. Smart Departments: Law Professional Legal Education Source of funding: Committee on Research and Conference Grants Starting date: 1998.07
TRADITIONAL RIGHTS OF THE NEW TERRITORIES INDIGENUOUS INHABITANTS AND THE BILL OF RIGHTS To investigate the nature and scope of the succession right of the New Territories indigenuous inhabitants to Tsos and Tongs and the compatibility of the preservation of these rights with the Bill of Rights. Investigators: Ms L.K.S. Ho (Principal) Professor J.M.M. Chan Department: Law Starting date: 1993.06
EQUITY IN HONG KONG To explore and evaluate the law and policy of the operation of equitable principles in Hong Kong commercial law, and to make suggestions for law reforms, in the hope that there will be doctrinal re-adjustment of the existing law. Investigator: Ms L.K.S. Ho Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1995.07
CENTRAL-LOCAL LEGISLATIVE RELATIONSHIP IN CHINA To explore the following issues: 1) How to strike a balance between centralization and decentralization of the legislative power? 2) What lessons can China learn from other countries, such as U.S., to archive such balance? 3) What devices should China utilize to construct its legislative system? 4) Will law on legislation be the best and final solution to solve the problems in the division of legislative powers? 5) What impact, if any, Hong Kong's special legislative power will bring to the China's legislative system? A thorough investigation into these issues will be beneficial to solve the problems faced by China in building its legislative systems. Investigators: Dr. Y.H. Li (Principal) Dr. X. Feng Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1998.04 Completion date: 1999.07
THE RIGHT TO REPRODUCE AND THE RIGHT TO FOUND A FAMILY To collect material relevant in the writing of a book provisionally entitled The Right to Reproduce and The Right to Found A Family. Investigator: Dr. A.N.C. Liu Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1988.12
FAMILY LAW: THE LAW RELATING TO MARRIAGE, DIVORCE, COHABITATION, PARENT AND CHILD: THE PAST, PRESENT AND INTO 1997 To examine the present state of family law and its future developments. Investigator: Dr. A.N.C. Liu Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1992.07
LEGAL ASPECTS OF MEDICINE AND HEALTH CARE To examine the present state of the law and its interaction with individual health care and medicine. Investigator: Dr. A.N.C. Liu Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1993.07
FAMILY LAW DATABASE PROJECT To collect the family law data systematically from court files. Investigator: Dr. A.N.C. Liu Department: Law Source of funding: The Freemasons' Fund for East Asian Studies Starting date: 1995.10
JUDICIAL DATA ON FAMILY LAW To collect historical statistics in relation to divorce proceedings in the courts. Investigator: Dr. A.N.C. Liu Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1996.07
PUBLISHED CASES IN THE GAZETTE OF THE PEOPLE'S REPUBLIC OF CHINA SUPREME PEOPLE'S COURT: A TRANSLATION AND THE COMMENTARY To examine the case law in shaping and developing the new legal system in the People's Republic of China. Investigator: Dr. N.P. Liu Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1996.07
INTEGRATING THE QUALITY, CONTRACTUAL AND OPERATIONAL PROCEDURES OF HONG KONG CONTRACTORS To investigate the quality, contractual, and operational procedures of Hong Kong contractors in delivering projects; to determine the relative importance and effectiveness of the three types of procedures by rating and weighing the questionnaire responses; to determine to what extent these procedures follow best practice guidelines on private projects; to report on inconsistencies in the three types of procedures; to recommend changes where warranted to improve existing procedures; to develop a model rationalised set of procedures and documentation. Investigator: Mr. J.A. McInnis Department: Professional Legal Education Source of funding: Committee on Research and Conference Grants Starting date: 1998.07
HONG KONG AND INTERNATIONAL LAW - A CONTEMPORARY PERSPECTIVE To produce a book on key issues of international law which are of great relevance to pre- and post-1997 Hong Kong. Investigator: Professor R. Mushkat Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1994.07
NON-TRIAL ADVOCACY To identify the elements of effective strategic planning used by expert lawyers in solving non-trial advocacy problems; based on this identification, to design models of effective problem-solving so that students can enhance their understanding of how lawyers persuade. Investigator: Mr. S.B. Nathanson Department: Professional Legal Education Source of funding: Committee on Research and Conference Grants Starting date: 1997.07
A COMPARATIVE STUDY OF INTELLECTUAL PROPERTY PROTECTION FOR COMPUTER SOFTWARE IN HONG KONG AND CHINA To perform a comparative study of intellectual property protection for computer software in Hong Kong and China; to assess such protection in the two jurisdictions against international standards; to offer insights for harmonising the relevant laws in Hong Kong and China; to assist software owners in protecting their software in the two regions. Investigator: Dr. K.H. Pun Department: Computer Science and Information Systems Source of funding: Hong Kong Research Grants Council Starting date: 1999.01
THE PROTECTION OF PRIVACY IN HONG KONG To provide the first comprehensive legal analysis of the law and practice affecting individual privacy in Hong Kong. Investigator: Professor R.I. Wacks Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1995.07
THE "INFORMATION SUPERHIGHWAY" AND PERSONAL DATA: TOWARDS A NEW LEGAL AND CONCEPTUAL FRAMEWORK FOR THE PROTECTION OF PRIVACY IN A DIGITAL WORLD To study the following: 1) Do conventional justifications for the protection of "privacy" and forms of legal protection generated or contemplated need to be reconceived? 2) Does the new digital technology call for only minor adjustments to our intellectual and legal framework? 3) What sorts of argument may be necessary to sustain the importance of the value of "privacy" in the digital present and future? 4) Do the (often imprecise) legal and conceptual support systems for both "privacy" and - since communication is involved - free speech, adequately capture the range of interests and expectations that the electronic age promises? 5) What are the limits of the law in safeguarding electronic "privacy"? 6) What impact will the provisions of the European Directive (particularly those in respect of "transborder data flow") have on Hong Kong in view of our recently enacted Personal Data (Privacy) Ordinance? 7) With an increasing quantity of data moving between Hong Kong and China, will the People's Republic of China will need to adopt similar legislation, and how might this be achieved? Investigator: Professor R.I. Wacks Department: Law Source of funding: Hong Kong Research Grants Council Starting date: 1997.07
SELF-DETERMINATION AND HUMAN RIGHTS IN EAST TIMOR To collect materials for analysis of the illegal occupation of East Timor by Indonesia with reference to international human rights norms. Investigator: Professor P. Wesley-Smith Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1993.01
ASPECTS OF THE HONG KONG LEGAL SYSTEM To explore different aspects of, and examine various questions relating to, the legal system in Hong Kong. Investigator: Professor P. Wesley-Smith Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1994.07
NINETEENTH CENTURY HONG KONG To provide a translation of a volume on 19th Century Hong Kong published by Xinhua in Beijing. Investigator: Professor P. Wesley-Smith Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1996.07
REFORM OF CIVIL PROCEDURE AND CIVIL PROCESS To write a book, including contributors from the Judiciary and private practice identifying problems in the civil process and suggesting solutions to those problems. Investigators: Professor R.M. Wilkinson (Principal) Miss J.R. Burton Department: Professional Legal Education Starting date: 1998.09
A STUDENT'S GUIDE TO HONG KONG CONVEYANCING To write a third edition of a student's guide to conveyancing in Hong Kong. Investigators: Professor R.M. Wilkinson (Principal) Ms J.E. Sihombing Departments: Professional Legal Education Law Starting date: 1999.05
THE LAW OF TAKEOVERS: A SEARCH FOR NARMATIVE RATIONALES AND POLICY IMPLICATIONS This is an interdisciplinary study of takeover provisions in corporate law and securities regulation. Particular attention is paid to the early warning provisions and compulsory purchase provisions related to takeover transactions. Investigator: Dr. G.H. Yu Department: Law Source of funding: Committee on Research and Conference Grants Starting date: 1998.07
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