THE UNIVERSITY OF HONG KONG
Research and Scholarship 2004

DEPARTMENT OF LAW



Researcher : Arner DW

Project Title:The proposed based II capital accord and legal risk in financial regulation
Investigator(s):Mr. Arner D.W., Prof. Norton J.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:03/2002
Completion Date:02/2004
Abstract:
To analyse legal risk in the context of the international framework of analysis for risk in fianncial regulation.


Project Title:Financial regulation and the WTO: liberalisation and restructuring in China
Investigator(s):Mr. Arner D.W., Mr. Bushehri M.M., Dr. Hsu B.F.C., Dr. Lou J.B., Dr. Zhou Z.F.
Department:Law
Source(s) of Funding:Hong Kong Research Grants Council Competitive Earmarked Research Grants
Start Date:11/2002
Abstract:
The project will analyse China's continuing financial services restructuring and liberalisation pursuant to its WTO commitments and international financial standards. Specifically, the project will analyse China's financial services commitments and the options available under international financial standards (respecting banking, securities, insurance and financial conglomerates) for their domestic implementation.


List of Research Outputs

Arner D.W., APEC Initiative on Development of Securitisation and Credit Guarantee Markets: China, Second APEC High-level Policy Dialogue, APEC Initiative on Development of Securitisation and Credit Guarantee Markets, Hong Kong Monetary Authority, 22 March 2004.
Arner D.W., Asian Bond Markets: Issues and Prospects, Baker & McKenzie, Hong Kong, 25 September 2003.
Arner D.W. and Lejot P.L., Asian Debt Market Initiatives and the Role of APEC, Asia-Pacific Economies: Multilateral vs. Bilateral Relationships, City University of Hong Kong, 19-21 May 2004.
Arner D.W., Bank Restructuring and Resolution, World Bank / IMF / South African Reserve bank Regional Seminar on Comparative Experiences in Confronting banking Sector Problems in the Sub-Saharan Africa Region, Cape Town, South Africa, 14-15 October 2003.
Arner D.W., Development of the Securitisation and Credit Guarantee Market in China, China Interagency Taskforce on Securitisation and Credit Guarantee Markets and Non-Governmental Advisory Group, Ministry of Finance, Beijing, 25 July 2003.
Arner D.W., Zhou Z.F., Bushehri M.M., Hsu B.F.C., Lou J.B. and Wang W., Financial Regulation and the WTO: Liberalization and Restructuring in China two years post-accession, EAIEL Policy Paper. Hong Kong, EAIEL Programme, 2004, 1: 126pp.
Arner D.W., Akamatsu N., Chaipravat O., Leung J...F...Y. and Park J...H., Initial Report of the China Panel of Experts - APEC Initiative on Development of Securitisation and Credit Guarantee Markets, including Impediment Status Report and Recommendations for China's Market Development Action Plan, 12 August 2003. 2003, 45pp.
Arner D.W., Official Administration, World Bank / IMF / SEACEN Regional Seminar on Comparative Experiences in Confronting Banking Sector Problems in the Asia/Pacific Region, Kuala Lumpur, Malaysia, 2-3 December 2003.
Arner D.W., Reforming Asia's Debt Capital Markets, Hong Kong Institute for Monetary Research, 11 December 2003.
Lejot P.L., Arner D.W. and Liu Q., Asia's Bond Market: Reforms to Promote Activity and Lessen Financial Contagion, HKIEBS Working Paper. Hong Kong, HKIEBS, 2004, 1090: 110pp.
Lejot P.L., Arner D.W., Liu Q., Chan M.K.C. and Mays M., Asia's Debt Capital Markets: Appraisal and Agenda for Policy Reform, HKIMR Working Paper. Hong Kong, Hong Kong Institute for Monetary Research, 2003, 19/2003: 34pp.
Lejot P.L., Arner D.W. and Chan M.K.C., Nine steps to strengthen Asia's bond markets, International Financial Law Review. London, U.K., 2003, 43-44.


Researcher : Brabyn JM

Project Title:Contested confessions in Hong Kong magistrates' courts
Investigator(s):Ms Brabyn J.M.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:06/1995
Abstract:
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.


Project Title:Contested confessions in the Hong Kong district courts
Investigator(s):Ms Brabyn J.M.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:07/1996
Abstract:
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.


Researcher : Bushehri MM

Project Title:Applied research on China-WTO law
Investigator(s):Mr. Bushehri M.M.
Department:Law
Source(s) of Funding:HKU Foundation Seed Grant
Start Date:04/2002
Abstract:
To carry out applied research on China-WTO law.


List of Research Outputs

Arner D.W., Zhou Z.F., Bushehri M.M., Hsu B.F.C., Lou J.B. and Wang W., Financial Regulation and the WTO: Liberalization and Restructuring in China two years post-accession, EAIEL Policy Paper. Hong Kong, EAIEL Programme, 2004, 1: 126pp.
Lewis D.J., Bushehri M.M., Chan J.M.M. and Zhang X.C., Proposal for a Joint Training Centre for Regional Trade Policy Courses in East Asia, submitted by the HKU Faculty of Law to the World Trade Organization, Geneva, Switzerland, August 2003. 2003, 78pp.


Researcher : Chan JMM

List of Research Outputs

Chan J.M.M., Back to the Basic, Constitutional Review and Democratic Development: The Way Forward Conference, Hong Kong, April 2004.
Chan J.M.M., Challenges and Opportunities for Law Schools: The Hong Kong Perspective, Law School in a Changing Society: Opportunities and Challenges Conference, Peking, May 2004.
Chan J.M.M., Byrnes A. and McCoy G., Hong Kong Public Law Reports. Hong Kong, Butterworths, 2004, 9(2000-01): lxxviii + 997pp.
Chan J.M.M. and Rwezaura B.A., Immigration Law in Hong Kong: An Interdisciplinary Study. Hong Kong, Sweet & Maxwell Asia, 2004, xxvii + 295pp.
Chan J.M.M., Legal Education Review and Reform in Hong Kong, Conference on Legal Education in Greater China - Meeting the Challenges of the Twenty-First Century, Hong Kong, 21-22 May 2004.
Chan J.M.M., Legal Environment and Development of Higher Education in Hong Kong, 香港高等教育的法制環境現狀與發展, Conference on the Development of Legal Environment in Higher Education in China, Shanghai, 15-16 April 2004.
Chan J.M.M., Reflections on the Article 23 Legislation, Hong Kong Lawyer, Hong Kong, July 2003. 2003, 40-42.
Chan J.M.M., Some Thoughts on Constitutional Reform in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(1): 1-12.
Chan J.M.M., Some Thoughts on Democratization in Hong Kong, Conference on Democracy and Human Rights in the Greater China, Hong Kong, December 2003.
Chan J.M.M., The Evolution of Immigration Law and Policies: 1842-2003 and Beyond, In: J.M.M. Chan & B.A. Rwezaura (eds.), Immigration Law in Hong Kong: An Interdisciplinary Study. Hong Kong, Sweet & Maxwell Asia, 2004, 1-58.
Chan J.M.M., Unauthorized and Damaging Disclosure of Protected Information: A Comment on the National Security (Legislative Provisions) Bill 2003, Occasional Paper No. 11, Centre for Comparative and Public Law, Hong Kong, July 2003.
Lewis D.J., Bushehri M.M., Chan J.M.M. and Zhang X.C., Proposal for a Joint Training Centre for Regional Trade Policy Courses in East Asia, submitted by the HKU Faculty of Law to the World Trade Organization, Geneva, Switzerland, August 2003. 2003, 78pp.


Researcher : Chan MKC

List of Research Outputs

Lejot P.L., Arner D.W., Liu Q., Chan M.K.C. and Mays M., Asia's Debt Capital Markets: Appraisal and Agenda for Policy Reform, HKIMR Working Paper. Hong Kong, Hong Kong Institute for Monetary Research, 2003, 19/2003: 34pp.
Lejot P.L., Arner D.W. and Chan M.K.C., Nine steps to strengthen Asia's bond markets, International Financial Law Review. London, U.K., 2003, 43-44.


Researcher : Chen AHY

Project Title:Globalisation and Chinese law: theoretical perspectives on the contemporary legal system building in the People's Republic of China
Investigator(s):Prof. Chen A.H.Y.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:07/1996
Abstract:
To consider the application of globalisation theory and other social theories to the understanding and interpretation of legal developments in contemporary China.


List of Research Outputs

Chen A.H.Y., A comment on the NPC Standing Committee's decision on political reform in Hong Kong, Hong Kong Ecnomic Times, 27 April 2004 (Chinese). 2004.
Chen A.H.Y., A commentary on the NPC Standing Committee's interpretation, Ming Pao, 7 April 2004 (Chinese). 2004.
Chen A.H.Y., A defining moment in Hong Kong's history, SCMP, 4 July 2003. 2003.
Chen A.H.Y., A legal analysis of the NPC Standing Committee's decision, Ming Pao, 28 April 2004 (Chinese). 2004.
Chen A.H.Y., Civil society and the rule of law in Hong Kong, Hong Kong Economic Times, 23 September 2003 (Chinese). 2003.
Chen A.H.Y., Civil society and the rule of law in Hong Kong, talk at conference on governance organised by Lingnan University, 22 September 2003. 2003.
Chen A.H.Y., Comment on the views of the 4 mainland law scholars on Hong Kong's political reform, Ming Pao, 8 December 2003 (Chinese). 2003.
Chen A.H.Y., Comparative legal cultures in the West, China and Hong Kong, a series of 3 lectures at the University of Macau, 20-22 October 2003. 2003.
Chen A.H.Y. and Cheung A.S.Y., Debating Rule of Law in the Hong Kong Special Administrative Region, 1997-2002, In: R. Peerenboom (ed.), Asian Discourses of Rule of Law. London, United Kingdom, Routledge, 2004, 250-285.
Chen A.H.Y., Executive-led government in Hong Kong, 3-part article publised in Ming Pao, 23, 24 and 26 April 2004 (Chinese). 2004.
Chen A.H.Y., Executive-led government, strong and weak governments, and 'consensus government', paper presented at conference on political reform organised by the Faculty of Law and Faculty of Social Sciences, University of Hong Kong, 24 April 2004.
Chen A.H.Y., Further consultation on article 23 of the Basic Law, Ming Pao, 19 July 2003 (Chinese). 2003.
Chen A.H.Y., Hong Kong letter on the BL23 crisis, Hong Kong Economic Times, 14 July 2003 (Chinese). 2003.
Chen A.H.Y., Hong Kong's Political Crisis of 2003, Hong Kong Law Journal. 2003, 33(2): 265-269.
Chen A.H.Y., Hong Kong's autonomy and constitutional reform, Ming Pao, 17 January 2004 (Chinese). 2004.
Chen A.H.Y., How consultation on political reform should be conducted, talk at conference on political reform organised by Faculty of Social Sciences, University of Hong Kong, 17 January 2004. 2004.
Chen A.H.Y., How the liberals stopped a constitutional crisis, SCMP, 8 July 2003. 2003.
Chen A.H.Y., Is Confucianism compatible with liberal constitutional democracy, paper presented at international conference on Confucian ethics at the Hong Kong Polytechnic University, 29 June 2004.
Chen A.H.Y., Mediation, Litigation and Justice: Confucian Reflections in a Modern Liberal Society, In: D. Bell and C. Hahm (eds.), Confucianism for the Modern World. Cambridge, Cambridge University Press, 2003, 257-287.
Chen A.H.Y., Modern and Postmodern Conceptions of the Rule of Law: The Thought of Habermas and Foucault (in Chinese), The Movement of Legal Thought. Beijing, Law Press, 2003, 82-92.
Chen A.H.Y., National security vs human rights in 'one country, two systems': the case of Hong Kong, paper presented at international conference on legal and social philosophy organised by the IVR (International Association for Social Philosophy and the Philosophy of Law), University of Lund, 12-18 August 2003.
Chen A.H.Y., One country, two systems and the Hong Kong Basic Law, seminar presentation for the Harvard Project for International Development, 3 April 2004. 2004.
Chen A.H.Y., Problems of the interpretation of the Basic Law, 4-part article published in Ming Pao, 24-27 May 2004 (Chinese). 2004.
Chen A.H.Y., Reflections on the comparative study of human rights in Asia, speech at the conference on human rights in Asia organised by the Centre for Comparative and Public Law, University of Hong Kong, 15 May 2004. 2004.
Chen A.H.Y., Review of and consultation on political reform in Hong Kong, Ming Pao, 20 January 2004 (Chinese). 2004.
Chen A.H.Y., Stopping the horse at the edge of the cliff, Ming Pao, 7 July 2003 (Chinese). 2003.
Chen A.H.Y., The Basic Law and Hong Kong's political system, talk at the Civil Service Training Institute, Hong Kong, 16 March 2004. 2004.
Chen A.H.Y., The Basic Law and the development of democracy in Hong Kong, Wen Wei Po, 13 March 2004 (Chinese). 2004.
Chen A.H.Y., The Chinese constitutional amendment of 2004, seminar presentation at the Chinese Law Programme, Chinese University of Hong Kong, 3 March 2004. 2004.
Chen A.H.Y., The challenges of reunification, Ta Kung Pao, 5 April 2004 (Chinese). 2004.
Chen A.H.Y., The constitutional history of the implementation of the Basic Law, seminar presentation for the Asia Pacific Law Association, 17 April 2004. 2004.
Chen A.H.Y., The legislative debate on article 23 of the Hong Kong Basic Law, paper presented at annual conference of HKU-Peking U Legal Research Centre, Hong Kong, 8-9 January 2004.
Chen A.H.Y., The political situation after the NPC Standing Committee's interventions, seminar presentation at the Open University of Hong Kong, 3 May 2004. 2004.
Chen A.H.Y., The role of courts in Hong Kong society, seminar presentation at the People's University of China, Beijing, 13 March 2004. 2004.
Chen A.H.Y., The role of political parties in Hong Kong's constitutional development, seminar presentation at seminar on political reform organised by the Political Science Society, University of Hong Kong, 2 April 2004. 2004.
Chen A.H.Y., The theory of civil society and its significance for contemporary China, paper (in Chinese) presented at international conference on law, economy and society in China organised by the Shanghai Institute of Law and Economics, Beijing, 28-30 November 2003.
Chen A.H.Y., The white bill and the procedure for legislating on article 23, Hong Kong Economic Times, 28 July 2003 (Chinese). 2003.
Chen A.H.Y., Thoughts on the improvement of Hong Kong's governance, seminar presentation at seminar organised by the New Synergy Net, 7 September 2003. 2003.


Researcher : Cheung ASY

Project Title:A reinterpretation of press freedom in the era of declining media ethics
Investigator(s):Dr. Cheung A.S.Y.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2002
Abstract:
To explore the possibility of reconciling regulatory regime with a free and responsible press.


List of Research Outputs

Chen A.H.Y. and Cheung A.S.Y., Debating Rule of Law in the Hong Kong Special Administrative Region, 1997-2002, In: R. Peerenboom (ed.), Asian Discourses of Rule of Law. London, United Kingdom, Routledge, 2004, 250-285.
Cheung A.S.Y., Avenging the Wild Raging Media For Victims of Sex Scandals, Role of Law in Developing Asia, Asian Law Institute Conference, May 27-28, 2004. Singapore, 32pp.
Cheung A.S.Y., In Search of A Theory of Cult and Freedom of Religion in China, Pacific Rim Law and Policy Journal. USA, University of Washington, 2004, 13: 1-30.
Cheung A.S.Y., Self-Censorship and the Struggle for Press Freedom in Hong Kong. Netherlands, Kluwer Law International, 2003, 278pp.


Researcher : Cottrell JH

List of Research Outputs

Cottrell J.H. and Ghai Y.P., Economic, Social & Cultural Rights in Practice - The Role of Judges in Implementing Economic, Social & Cultural Rights. London, United Kingdom, Interights, 2004.
Cottrell J.H. and Ghai Y.P., The Role of the Courts in the Protection of Economic, Social & Cultural Rights, In: Y. Ghai & J. Cottrell (eds.), Economic, Social & Cultural Rights in Practice - The Role of Judges in Implementing Economic, Social & Cultural Rights. London, United Kingdom, Interights, 2004, 38pp.


Researcher : Emerton RG

List of Research Outputs

Emerton R.G., Trafficking of Women into Hong Kong for the Purpose of Prostitution: An Assessment of Law and Policy Responses in the Context of Recent International and Asian Regional Developments, Human Rights Law Review: Special Issues: Proceedings of Trafficking in Persons Conference, June 2003. 2004, Special Issue Spring 2004: 20-36.


Researcher : Fu H

Project Title:The future of re-education through labour (RETL) : a case study of a RETL institution in central China
Investigator(s):Dr. Fu H.L.
Department:Law
Source(s) of Funding:Run Run Shaw Research and Teaching Endowment Fund
Start Date:11/2002
Completion Date:10/2003
Abstract:
To make contributions to the socio-legal study of punishment and the role of punishment in Chinese society.


Project Title:Social conflict and dispute resolution in rural China
Investigator(s):Dr. Fu H.L., Prof. Liang Z.P.
Department:Law
Source(s) of Funding:RGC Projects (Block Grant Funded)
Start Date:07/2003
Abstract:
To study the mechanisms and dynamics of dispute resolution at the village and township levels in rural China; to examine the changing landscape of disputes occuring in Chinese villages, and the political and economic factors that may have caused these grievances, complaints and disputes; to examines the institutions and methodology of dispute resolution in rural China and explores the processes though which Chinese peasants present their claims.


Project Title:Reforming re-education through labour (RETL): toward an analytical framework
Investigator(s):Dr. Fu H.L.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2003
Abstract:
To provide an analytical framework for RETL reforms.


List of Research Outputs

Fu H., Book Review of "China's Long March Toward Rule of Law" by Randall Peerenboom, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(1): 4pp.
Fu H. and Choy P., Policing for Profit: Fiscal Crisis and Institutionalized Corruption of Chinese Police, In: Stanley Einstein (ed.), Policing, Security and Corruption. USA, Office of International Criminal Justice, 2004.


Researcher : Ghai YP

List of Research Outputs

Cottrell J.H. and Ghai Y.P., Economic, Social & Cultural Rights in Practice - The Role of Judges in Implementing Economic, Social & Cultural Rights. London, United Kingdom, Interights, 2004.
Cottrell J.H. and Ghai Y.P., The Role of the Courts in the Protection of Economic, Social & Cultural Rights, In: Y. Ghai & J. Cottrell (eds.), Economic, Social & Cultural Rights in Practice - The Role of Judges in Implementing Economic, Social & Cultural Rights. London, United Kingdom, Interights, 2004, 38pp.
Ghai Y.P., Book Review of "Asia-Pacific Constitutional Systems" by Graham Hassall and Cheryl Saunders, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 33(3): 2pp.
Ghai Y.P., Constitutions for right development, First Beinart Memorial Lecture, University of Capetown, October 2003. South Africa Law Journal, 2003.
Ghai Y.P., Coping with Diversity: the Design of the State, Fiji Law Society: Proceedings of the Annual Conference. 2004.
Ghai Y.P., Designing the State for Right Development, Nobel Symposium, October 2003.
Ghai Y.P., Interpretation: Comparative Experiences, Justice-Seminar on Interpretation of the Basic Law, 5 June 2004.
Ghai Y.P., Introduction, In: Y. Ghai & J. Cottrell (eds.), Economic, Social & Cultural Rights in Practice - The Role of Judges in Implementing Economic, Social & Cultural Rights. London, United Kingdom, Interights, 2004.
Ghai Y.P., Keynote Address: Autonomy & Conflict Resolution, Norwegian Ministry of Foreign Affairs, Consultation on autonomy Systems, November 2003. 2003.
Ghai Y.P., Nepal: Crisis Beyond Legality, Himal. Kathmandu, Nepal, Himalmedia Pvt Ltd, 2003, 16(11): 6pp.
Ghai Y.P., Report: Public Participation & Minorities (revised edition). London, United Kingdom, Minority Rights Group International, 2003, 32pp.
Ghai Y.P., The Imperatives of Autonomy: Contradictions of the Basic Law, Legal Perspectives on Constitutional Review, HKU, 24 April 2004.


Researcher : Glofcheski RA

List of Research Outputs

Glofcheski R.A., A Frolic in the Law of Tort: Expanding the Scope of Employer's Vicarious Liability, Tort Law Review. Australia, Thomas Law Book Company, 2004, 12: 18-39.
Glofcheski R.A., A Proposal to Improve the Efficiency of Workers' Compensation Payments in Hong Kong, Alliance of Self-Help Groups for Occupational injuries and Disease. Hong Kong, 2004, Newsletter No. 5: 5-6.
Glofcheski R.A., Editor, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2003, 33(2): 478pp.
Glofcheski R.A., Editor, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(1): 218pp.
Glofcheski R.A., In: Editor, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 33(3): 200pp.


Researcher : Goo SH

List of Research Outputs

Goo S.H. and Merkin R., Conditions and Warranties in Insurance Agreements, In: Say Goo (ed.), Insurance Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2003, 183-224.
Goo S.H., Corporate Dimensions of the Securities and Futures Ordinance, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2003, 33(2): 271-288.
Goo S.H. and Carver A.R., Corporate Governance: the Hong Kong Debate. Hong Kong, Singapore, Malaysia, Sweet & Maxwell Asia, 2003, 593pp.
Goo S.H., Insurance Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2003, 848pp.
Goo S.H. and Lee A.S.C., Land Law in Hong Kong (2nd edition). Butterworths, 2003, 800pp.
Goo S.H. and Merkin R., Premium, In: Say Goo (ed.), Insurance Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2003, 305-336.
Goo S.H. and Merkin R., Risk, In: Say Goo (ed.), Insurance Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2003, 257-304.
Goo S.H. and Merkin R., The Nature of Insurable Interest, In: Say Goo (ed.), Insurance Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2003, 225-254.
Goo S.H. and Merkin R., Utmost Good Faith, In: Say Goo (ed.), Insurance Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2003, 99-170.


Researcher : Ho LKS

List of Research Outputs

Ho L.K.S., The Reception of Trust in Asia: Emerging Asian Principles of Trusts?, Asian Law Institute Conference, Singapore, 28 May 2004 (published in Conference proceedings). 2004, 15pp.
Ho L.K.S., Trust Law in China. Hong Kong, Sweet & Maxwell, 2003, xlix+289.


Researcher : Jackson MI

List of Research Outputs

Jackson M.I., Chapter 17: Principals and Secondary Parties, Archbold Hong Kong (1st edn.). Hong Kong, Sweet & Maxwell Asia, 2003, 965-976.
Jackson M.I., Chapter 18: Strict Liability, Archbold Hong Kong (1st edn.). Hong Kong, Sweet & Maxwell Asia, 2003, 977-986.


Researcher : Law AOK

List of Research Outputs

Young S.N.M. and Law A.O.K., A Critical Introduction to Hong Kong's Functional Constituencies, Functional Constituency Research Project 2004, a research project commissioned by Civic Exchange. Hong Kong, Civic Exchange, 2004, 138pp.


Researcher : Lee ASC

List of Research Outputs

Goo S.H. and Lee A.S.C., Land Law in Hong Kong (2nd edition). Butterworths, 2003, 800pp.


Researcher : Lejot PL

List of Research Outputs

Arner D.W. and Lejot P.L., Asian Debt Market Initiatives and the Role of APEC, Asia-Pacific Economies: Multilateral vs. Bilateral Relationships, City University of Hong Kong, 19-21 May 2004.
Lejot P.L., Arner D.W. and Liu Q., Asia's Bond Market: Reforms to Promote Activity and Lessen Financial Contagion, HKIEBS Working Paper. Hong Kong, HKIEBS, 2004, 1090: 110pp.
Lejot P.L., Arner D.W., Liu Q., Chan M.K.C. and Mays M., Asia's Debt Capital Markets: Appraisal and Agenda for Policy Reform, HKIMR Working Paper. Hong Kong, Hong Kong Institute for Monetary Research, 2003, 19/2003: 34pp.
Lejot P.L., Arner D.W. and Chan M.K.C., Nine steps to strengthen Asia's bond markets, International Financial Law Review. London, U.K., 2003, 43-44.


Researcher : Lewis DJ

List of Research Outputs

Lewis D.J., China's WTO Compliance Record, Swiss-Chinese Chamber of Commerce, Zurich, Switzerland, May 2004. 2004.
Lewis D.J., China's WTO Compliance: Issues and Prospects, American Chamber of Commerce in Hong Kong, Hong Kong, May 2004. 2004.
Lewis D.J., Coordinated with WTO Secretariat in organizing 1st Hong Kong Regional Trade Policy Course Workshop for the Asia/Pacific Region, held at the WTO Headquarters in Geneva, Switzerland, May 2004. 2004.
Lewis D.J., Developments in China Trade Regulation, Latest Developments and Updates on Hong Kong and Chinese Law (sponsored by Key Media Ltd) Hong Kong, September 2003.
Lewis D.J., Equity and Cooperative Joint Ventures: Government Approvals, Capital Contributions and Corporate Governance, Structuring and Operating Business Ventures in the Middle Kingdom (sponsored by the International Law Section, State Bar of California), Palo Alto, California, USA, November 2003.
Lewis D.J., Exit Strategies and Takeover Approaches in Joint Ventures, Structuring and Operating Business Ventures in the Middle Kingdom (sponsored by the International Law Section, State Bar of California), Palo Alto, California, USA, November 2003 . 2003.
Lewis D.J., Foreign Investment Policy Guidelines: Implications for Development, Manufacturing and Services, Structuring and Operating Business Ventures in the Middle Kingdom (sponsored by the International Law Section, State Bar of California), Palo Alto, California, USA, November 2003.
Lewis D.J., Import Licensing Procedures, lecture for the WTO Asia/Pacific Regional Trade Policy Course, held at HKU, 29 June, 2004. 2004.
Lewis D.J., Legal and Business Dimensions of Trade Facilitation, lecture for the WTO Asia/Pacific Regional Trade Policy Course, held at HKU, 29 June 2004. 2004.
Lewis D.J., New Developments in Foreign Direct Investment in China, Update on China and Hong Kong Legal Developments, organized by Key Media, Hong Kong, March 2004.
Lewis D.J., Presentation - East Asian International Economic Law & Policy (EAIEL) Programme at HKU, presentation for the official WTO site visit at HKU, Hong Kong, October 2003. Hong Kong, 2003.
Lewis D.J., Bushehri M.M., Chan J.M.M. and Zhang X.C., Proposal for a Joint Training Centre for Regional Trade Policy Courses in East Asia, submitted by the HKU Faculty of Law to the World Trade Organization, Geneva, Switzerland, August 2003. 2003, 78pp.


Researcher : Li Y

Project Title:Biotechnology development and its patent protection in Hong Kong
Investigator(s):Ms Li Y.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:01/2003
Completion Date:02/2004
Abstract:
To find practical problems with, and solutions to, the backwardness of biotechnology in Hong Kong, therefore, the study will be primarily empirical. Field visits and interviews will be conducted in biotechnology research institutes and firms in Hong Kong to find key issues and information concerning biotechnology patenting and commercialization. Surveys will also be made among these institutions to get relevant data and cases useful to the analysis of the level of biotechnology, as well as the costs and benefits in reforming the patent systems of the two regions concerning biotechnology protection.


Project Title:Patent protection for biotechnology in China
Investigator(s):Ms Li Y.H., Dr. Guan X.Y., Dr. Zhang N.G.
Department:Law
Source(s) of Funding:Hong Kong Research Grants Council Competitive Earmarked Research Grants
Start Date:12/2003
Abstract:
To examine the problems in Chinese patent systems that are undermining the development of biotechnology in China; to propose ways in which improvements can be made; to analyze TRIPS rules relating to biotechnology to see whether Chinese patent law is complimentary to the requirements of WTO, and to suggest possible adjustments; to investigate the trend of patent application for biotechnology to find the correlations between patent protection and biotechnology innovation in China, and therefore, to propose adequate application process to encourage more innovations; to analyze the costs and benefits in linking Hong Kong and China's distinctive systems, and to propose ways in achieving the linkage.


Project Title:Patent protection for biotechnology in China
Investigator(s):Ms Li Y.H., Dr. Guan X.Y., Dr. Zhang N.G.
Department:Law
Source(s) of Funding:RGC Projects (Block Grant Funded)
Start Date:12/2003
Abstract:
To examine the problems in Chinese patent systems that are undermining the development of biotechnology in China; to propose ways in which improvements can be made; to analyze TRIPS rules relating to biotechnology to see whether Chinese patent law is complimentary to the requirements of WTO, and to suggest possible adjustments; to investigate the trend of patent application for biotechnology to find the correlations between patent protection and biotechnology innovation in China, and therefore, to propose adequate application process to encourage more innovations; to analyze the costs and benefits in linking Hong Kong and China's distinctive systems, and to propose ways in achieving the linkage.


List of Research Outputs

Li Y., An Overview of Patent Protection for Biotechnology in Hong Kong, In: F. Chan & R. Wu (eds.), Law Lectures for Practitioners 2003. Hong Kong, Sweet & Maxwell Asia, 2004, 27-47.
Li Y., Legislation, Jurisprudence, and Judicial Practice in Copyright Laws: A Comparative Analysis between China and the United States, American Law Review (in Chinese). Beijing, China, Law Press, 2003, Vol. 1: 128-146.
Li Y., Linkage of Patent Protection with Pharmaceutical Registration in Hong Kong: A Way Forward?, a paper delivered at the conference of Patent Protection to Spur Innovation in the Pharmaceutical Industry" held on 18 May 2004. Hong Kong, 20pp.


Researcher : Liu ANC

Project Title:The right to reproduce and the right to found a family
Investigator(s):Dr. Liu A.N.C.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:12/1988
Abstract:
To collect material relevant in the writing of a book provisionally entitled The Right to Reproduce and the Right to Found A Family.


List of Research Outputs

Liu A.N.C., Hong Kong: A Social, Legal and Clinical Review, In: E. Blyth & R. Landau (eds.), Third Party Assisted Conception Across Cultures: Social, Legal and Ethical Perspectives. Jessica Kingsley Publications, 2004, 112-128.
Liu A.N.C., The Right to Family Life and the Phenomenon of Split Families in Hong Kong, In: J.M.M. Chan & B.A. Rwezaura (eds.), Immigration Law in Hong Kong: An Interdisciplinary Study. Hong Kong, Sweet & Maxwell Asia, 2004, 149-171.
Liu A.N.C., Ng E.H.Y., Chan C.L.W. and Chan C.H.Y., Third Party Assisted Human Reproduction in Hong Kong, In: E. Blyth & R. Landau (eds.), Third Party Assisted Conception Across Cultures: Social, Legal and Ethical Perspectives. Jessica Kingsley Publishers, 2003.


Researcher : Lo PY

List of Research Outputs

Lo P.Y., Master of One's Own Court, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(1): 19pp.


Researcher : Lynch KL

List of Research Outputs

Lynch K.L., The Forces of Economic Globalization: Challoenges to the Regime of International Commercial Arbitration. The Hague, The Netherlands, Kluwer Law International, 2003, 466pp.


Researcher : Maurushat A

Project Title:Nationally Implemented Internet Firewall Technology and Policy - A Comparative Legal Analysis of its Effects on Freedom of Expression
Investigator(s):Mrs. Maurushat A., Prof. Clavier J.P.
Department:Law
Source(s) of Funding:France/Hong Kong Joint Research Scheme
Start Date:01/2004
Abstract:
To provide a succinct overview of nationally implemented firewall technology policy in China/Hong Kong and France; to compare and contrast the respective policies in France and China/Hong Kong with the goal of demonstrating common points of departure and the underlying objectives of such policies; to provide an overview of the underpinnings of freedom of expression in France, China and Hong Kong; to assess, from a nation's own free expression/cultural paradigm, whether freedom of expression values will be impacted on through the implementation of national firewall technology and policy; to address the limits of nationally implmented firewall technology policy.


List of Research Outputs

Maurushat A., Ecuyer et Aéroports de Montréal: Canada's private sector privacy law sidelined by labour code, Privacy Law's Policy Reporter. Australia, 2003, 10(3): 56-57.
Maurushat A., Statement of Human Rights, Human Dignity and the Information Society, International Symposium of the Information Society, Human Dignity and Human Rights (for the World Summit on the Information Society). Geneva, 2003, 1-11.


Researcher : Mushkat R

List of Research Outputs

Chan K., Chong C...Y..., Cummings L.M., Mushkat R. and Tang J.T.H., Positioning Hong Kong as "Asia's World City": A Multi-Dimensional Strategy - A Consultancy Study on Hong Kong's External Relations Strategy for the Central Policy Unit of the HKSAR Government. The University of Hong Kong, Hong Kong, The Institute for China and Global Development, 2003, 102pp.
Mushkat R., International Environmental Law and Asian Values: legal Norms and Cultural Influences. Vancouver, Canada, University of British Columbia Press, 2004, 224pp.
Mushkat R., Potential Impacts of China's WTO Accession on its approach to the Trade-Environment Balancing Act, Chinese Journal of International Law. US, 2003, 227-264.
Mushkat R. and Mushkat M., The Political Economy of Constitutional Conflict in Hong Kong, a paper presented at the Asian Law Institute conference on The Role of Law in a Developing Asia (held in Singapore, 27-28 May 2004) . The Political Economy of Constitutional Conflict in Hong Kong, 2004, 41pp.
Tang J.T.H., Mushkat R. and Cummings L.M., Hong Kong's External Relations Strategy (2003) --- A Study for the Central Policy Unit of the Hong Kong Special Administrative Region.. Hong Kong, HKSAR Government, 2003.


Researcher : Ng HW

List of Research Outputs

Ng H.W., Remedies Against Telephone Tapping by the Government, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 33(3): 543-568.


Researcher : Petersen CJ

Project Title:Trafficking of women into Hong Kong
Investigator(s):Ms Petersen C.J., Ms Emerton R.G., Dr. Laidler K.A.J.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2003
Abstract:
To collect 20 to 25 in-depth qualitative interviews on the situations of trafficked women and migrant sex workers in Hong Kong, including their financial, educational and family status before recruitment, recruitment methods, mode of entry into Hong Kong, living and working conditions, coping strategies, and experience of the Hong Kong criminal justice system; to assess the extent to which migrant sex workers are trafficked and/or suffer other human rights violations; to assess the extent to which trafficked women identify themselves as victims; to evaluate the extent to which Hong Kong is meeting its international and regional commitments towards victims of trafficking on the basis of the case studies, and to assess which further measures it could usefully adopt; to test competing feminist theories on trafficking; to inform the public policy debate on trafficking into Hong Kong.


List of Research Outputs

Petersen C.J., A Clash of Values? Barriers to Equality in Hong Kong's Education System?, Proceedings of the 2004 Hawaii International Conference on Education. Honolulu, Hawaii, USA, University of Hawaii, 2004, 33: 25pp.
Petersen C.J., Fong J.W.H. and Rush G.A., Enforcing Equal Opportunities: Investigation and Conciliation of Discrimination Complaints in Hong Kong. Hong Kong, Centre for Comparative and Public Law, 2003, 33: 102pp.
Petersen C.J., Engendering a Legal System: the Unique Challenge of Postcolonial Hong Kong, In: Eliza Lee (ed.), Gender and Change in Hong Kong. Vancouver, Canada, University of British Columbia Prtess, 2003, 23-48pp.
Petersen C.J., Human Rights in Hong Kong, Human Rights in Asia, the United States, and France: A Comparative Empirical Study of Values, Institutions, and Practices. Hong Kong, Centre for Comparative and Public Law, 2004, 34pp.
Petersen C.J., Preserving Civil Liberties in Hong Kong: the Successful Resistance to the National Security (legislative Provisions) Bill 2003, Sino-US Human Rights Academic Conference: The 55th anniversary Commemoration of the UDHR, jointly organized by the Institute of Human Rights and Humanitarian Law, China University of Political Science and Law, and Georgetown University Law Centre, December 13, 2003. 32pp.
Petersen C.J., The Paris Principles and Human Rights Institutions: Is Hong Kong Slipping Further Away From the Mark?, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 33(3): 513-522pp.


Researcher : Rush GA

List of Research Outputs

Petersen C.J., Fong J.W.H. and Rush G.A., Enforcing Equal Opportunities: Investigation and Conciliation of Discrimination Complaints in Hong Kong. Hong Kong, Centre for Comparative and Public Law, 2003, 33: 102pp.


Researcher : Rwezaura BA

List of Research Outputs

Chan J.M.M. and Rwezaura B.A., Immigration Law in Hong Kong: An Interdisciplinary Study. Hong Kong, Sweet & Maxwell Asia, 2004, xxvii + 295pp.
Rwezaura B.A., The Duty to Consider the Child's Best in Interests in the Administration of Hong Kong Immigration Law, In: J.M.M. Chan & B.A. Rwezaura (eds.), Immigration Law in Hong Kong: An Interdisciplinary Study. Hong Kong, Sweet & Maxwell Asia, 2004, 173-195.


Researcher : Smart PSJ

List of Research Outputs

Booth C.D., Smart P.S.J. and Briscoe S., Hong Kong Personal Insolvency Manual. Hong Kong, Hong Kong Society of Accountants, 2003, xxxv + 392pp.
Booth C.D., Smart P.S.J. and Briscoe S., Insolvency Case Study: Hong Kong, World Bank. WDC, USA, World Bank, 2004, 11pp.
Booth C.D., Smart P.S.J., Briscoe S. and Chiu W., Insolvency Case Study: Hong Kong, World Bank Website http://rru.worldbank.org/doingbusinesshttp://rru.worldbank.org/doingbusiness/TopicReports/ClosingABusiness/Contact.aspx?regionid=43. WDC, USA, World Bank Website, 2004, 28pp.
Smart P.S.J., Cross Border Restructuring: Hong Kong Developments, International Corporate Rescue. London, United Kingdom, Kluwer Law, 2004, 1: 19-26.
Smart P.S.J., Statutory Trusts and Insolvency, Cambridge Law Journal. Cambridge, United Kingdom, Stevens & Sons, 2004, 63: 39-41.


Researcher : Sunga LS

Project Title:The normative and institutional interplay between international human rights law and practice and the emerging system of international criminal law and justice
Investigator(s):Dr. Sunga L.S.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:03/2002
Abstract:
To study the impact on inevitable interplay between international human rights and international criminal law and implementation.


List of Research Outputs

Sunga L.S., Book Review of "International Human Rights and Humanitarian Law" by René Provost, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 33(3): 705-710.
Sunga L.S., Book Review of "The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory", Pacific Affairs. 2004.
Sunga L.S., Can International Humanitarian Law Play an Effective Role in Occupied Iraq?, Indian Society of International Law Yearbook of International Humanitarian and Refugee Law. 2004, 3.
Sunga L.S., Independence and Fairness of the ICC, Study on Major Issues Relating to the International Criminal Court (in Chinese). People's Court Press, 2003, 24-30.
Sunga L.S., Musings on 'The future of International Criminal Justice', Asia Pacific Law Review. 2003, 11(2): 217-232.


Researcher : Tai BYT

Project Title:LawOf: a legal community
Investigator(s):Mr. Tai B.Y.T.
Department:Law
Source(s) of Funding:HKU Foundation Seed Grant
Start Date:04/2002
Abstract:
To study LawOf: a legal community.


Project Title:Web-based learning tools for law
Investigator(s):Mr. Tai B.Y.T.
Department:Law
Source(s) of Funding:Leung Kau Kui Research and Teaching Endowment Fund
Start Date:01/2003
Abstract:
To develop a series of web-based learning tools for law teachers and students.


List of Research Outputs

Tai B.Y.T., LawOf: the development of an open online legal Index, 5th Conference on Computerization of Law via the Internet organised by the University of Technology, Sydney and University of New South Wales, Australia, Sydney, Australia, 26-28 November 2003.
Tai B.Y.T., Laws of Men v. Laws of God: Models of Interaction, Presented in National Faculty Leadership Conference 2004: Called to Make a Difference organised by the Christian Leadership Ministries, Washington, D.C., United States, 24-27 June 2004.
Tai B.Y.T., One Principles, Two Principles...3,4,5,6,7,8,9 Factors, The Conference on the Legal Perspectives of Constitutional Review, Constitutional Review and Democratic Development: The Way Forward Conference Series organised by the Centre for Comparative and Public Law, University of Hong Kong, Faculty of Law, University of Hong Kong and Faculty of Social Sciences, University of Hong Kong, Hong Kong, 24 April 2004.
Tai B.Y.T., One country two systems: the two perspectives, Macau Law Journal. 2003, 2002: 143-163.
Tai B.Y.T., The Constitutional Significance of half a million Hong Kong people marched in the Street, 五十萬港人上街的政意義,2003年第152期,頁22-27, Strait Review. 《海峽評論》, 2003, 152: 22-27.
Tai B.Y.T., The Four Modalities of the Perception of Human Rights, The Freeman Foundation Symposium: East Asia - The United States: A Search for Common Values organised by Salzburg Seminars, Austria, 1-6 June 2004.


Researcher : Wang W

List of Research Outputs

Arner D.W., Zhou Z.F., Bushehri M.M., Hsu B.F.C., Lou J.B. and Wang W., Financial Regulation and the WTO: Liberalization and Restructuring in China two years post-accession, EAIEL Policy Paper. Hong Kong, EAIEL Programme, 2004, 1: 126pp.


Researcher : Xue H

Project Title:Intellectual property in the cyberspace-from the prospective of PRC
Investigator(s):Dr. Xue H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:01/2003
Completion Date:12/2003
Abstract:
To give out an overall picture of Chinese intellectual protection legal rules and enforcement mechanism relating to the cyberspace, organizing the patchwork into a framework, and research, from the prospective of the cyberspace and electronic commerce, the development of Chinese intellectual property legal protection in the 21st Century.


List of Research Outputs

Xue H., CNDRP: Domain Name ADR in China, Computer and Telecomunications Law Review [C.T.L.R.]. London, UK, 2004, 10: 13pp.
Xue H., China's Copyright Law and Practice, In: P.E. Geller (ed.), International Copyright Law and Practice. USA, LexisNexis Matthew Bender, 2003, 81pp.
Xue H., Chinese Intellectual Property Laws, In: M.D. Pendleton, P. Garland SC and J.R. Margolis (eds.), Intellectual Property Rights: Hong Kong SAR and People's Republic of China. Singapore, LexisNexis, 2003, 162pp.
Xue H., Domain Name Disputes Resolution in China: A Comprehensive Review, Temple International & Comparative Law Journal. Philadelphia, USA, 2004, Vol 18, No 1: 50pp.


Researcher : Young SNM

Project Title:Human rights standards in Hong Kong's criminal investigation process: defining rights and remedies
Investigator(s):Mr. Young S.N.M.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:05/2002
Abstract:
To examine the legal rights of individuals under the Basic Law and Bill of Rights Ordinance in the criminal investigation process and the remedies available for breaches of those rights.


List of Research Outputs

Young S.N.M. and Law A.O.K., A Critical Introduction to Hong Kong's Functional Constituencies, Functional Constituency Research Project 2004, a research project commissioned by Civic Exchange. Hong Kong, Civic Exchange, 2004, 138pp.
Young S.N.M., An Outsider's Perspective on the Defence Strategies Used in the Lee Ming Tee Case, International Symposium on Criminal Defense Strategies, Shanghai, People's Republic of China. 2003, 26pp.
Young S.N.M., Book Review of "An Introduction to the International Criminal Court" by William A. Schabas, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2003, 33(2): 508-511.
Young S.N.M., Cargate - An Alternative Legal Opinion, Hong Kong Lawyer. Hong Kong, LexisNexis Butterworths, 2004, February 2004: 37-41.
Young S.N.M., Chapter 11: The Hearsay Rule, Archbold Hong Kong 2004. Hong Kong, Sweet & Maxwell Asia, 2003, 787-799.
Young S.N.M., Chapter 19: Human Rights, Archbold Hong Kong 2004. Hong Kong, Sweet & Maxwell Asia, 2003, 987-1041.
Young S.N.M., Enacting Security Laws in Hong Kong, Comparative Anti-Terrorism Law & Policy Symposium, Singapore. 2004, 37pp.
Young S.N.M., Invited Oral Submissions on the United Nations (Anti-Terrorism Measures) (Amendment) Bill 2003, in the Hong Kong Legislative Council Bills Committee. 2004.
Young S.N.M., Paper on Prior Statements of Witnesses, for the Hong Kong Law Reform Commission Sub-Committee on Hearsay in Criminal Proceedings. 2003, 22pp.
Young S.N.M., Police Powers: Less is More, South China Morning Post. 2003.
Young S.N.M., Restricting Basic Law Rights in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(1): 109-132.
Young S.N.M., Second Written Submissions on the United Nations (Anti-Terrorism) (Amendment) Bill 2003, for the Hong Kong Legislative Council Bills Committee. 2004, 10pp.
Young S.N.M., Submissions on Proposed CSAs to United Nations (Anti-Terrorism Measures) (Amendment) Bill 2003, for the Hong Kong Legislative Council Bills Committee. 2004, 3pp.
Young S.N.M., The Essential Statutes on Hong Kong Criminal Law and Procedure 2003-2004. Hong Kong, LexisNexis Butterworths, 2003, 849pp.
Young S.N.M., Updates to Chapters 11 (The hearsay Rule) and 19 (Human Rights), Archbold Hong Kong 2004, First Supplement to the 2004 Edition. Hong Kong, Sweet & Maxwell Asia, 2004, 19pp.
Young S.N.M., Written Submissions for the Subcommittee on United Nations Sanctions (Liberia) Regulations 2003, for the Hong Kong Legislative Council Subcommittee on United Nations Sanctions (Liberia) Regulations 2003. 2004, 5pp.
Young S.N.M., Written Submissions on the United Nations (Anti-Terrorism Measures) (Amendment) Bill 2003, for the Hong Kong Legislative Council Bills Committee. 2003, 6pp.


Researcher : Yu G

Project Title:Alternative explanations of the rise of silicon valley and the fall of route 128 and policy implications for China
Investigator(s):Dr. Yu G.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2001
Completion Date:10/2003
Abstract:
To explore the causes of the rise of Silicon Valley and the fall of Route 128 in the U.S.


Project Title:Implications of comparative corporate governance studies to China's capital market
Investigator(s):Dr. Yu G.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2002
Completion Date:10/2004
Abstract:
To establish a new direction for comparative corporate governance studies and examining the implications of comparative corporate governance studies to China's capital market.


Project Title:Towards a pure no-fault automobile insurance regime
Investigator(s):Dr. Yu G.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2003
Abstract:
To determine whether it is better to use tort law or a no-fault automobile insurance regime to deal with personal injuries resulting from automobile accidents in China.


List of Research Outputs

Yu G., The Impact of Medical Malpractice Law on China's Tort Law and Implications for the Insurance Market, Fudan Law Journal. Shanghai, China, Fudan University, 2003, 2: 7-16.
Yu G., Towards an Institutional Competition Model of Comparative Corporate Governance Studies, Journal of Chinese and Comparative Law. Hong Kong, Sweet & Maxwell Asia, 2003, 6(1): 31-58.
Zhong J. and Yu G., Establishing the Truth on Facts: Has the Chinese Civil Process Achieved This Goal?, Journal of Transnational Law & Policy. Florida, USA, Florida State University, 2004, 13(2): 393-446.


Researcher : Yu GH

Project Title:Alternative explanations of the rise of silicon valley and the fall of route 128 and policy implications for China
Investigator(s):Dr. Yu G.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2001
Completion Date:10/2003
Abstract:
To explore the causes of the rise of Silicon Valley and the fall of Route 128 in the U.S.


Project Title:Implications of comparative corporate governance studies to China's capital market
Investigator(s):Dr. Yu G.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2002
Completion Date:10/2004
Abstract:
To establish a new direction for comparative corporate governance studies and examining the implications of comparative corporate governance studies to China's capital market.


Project Title:Towards a pure no-fault automobile insurance regime
Investigator(s):Dr. Yu G.H.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2003
Abstract:
To determine whether it is better to use tort law or a no-fault automobile insurance regime to deal with personal injuries resulting from automobile accidents in China.


Researcher : Zhang XC

Project Title:Corporate governance in China: the new century's challenge
Investigator(s):Dr. Zhang X.C.
Department:Law
Source(s) of Funding:Block Grant Earmarked for Research
Start Date:11/2001
Abstract:
To identify the trend of development of corporate governance in China in its course to access into the WTO; to assess the impacts of development of corporate governance in mainland China in the Hong Kong SAR concerning the cross-border listing; to compare the culture and social differences in the corporate governance in Mainland China and the Hong Kong SAR.


List of Research Outputs

Lewis D.J., Bushehri M.M., Chan J.M.M. and Zhang X.C., Proposal for a Joint Training Centre for Regional Trade Policy Courses in East Asia, submitted by the HKU Faculty of Law to the World Trade Organization, Geneva, Switzerland, August 2003. 2003, 78pp.
Zhang X.C., A Quarter of a Century's SOE Reform in China, presented at the 5th PekingU-HKU Legal Research Centre Conference on the Protection of Rights, Dispute Resolution and Legal Culture, January 8-10, 2004.
Zhang X.C., Closer Economic Partnership Agreement: From the Legal Perspective, In: Sung Yun-Wing (ed.), Arrangements of Closer Economic and Trade Relations between Mainland China and Hong Kong, Occasional Paper No. 135 of Hong Kong Institute of Asia-Pacific Studies (in Chinese). Hong Kong, City University of Hong Kong, 2003, 7-9.
Zhang X.C., Comparative Law in Hong Kong and Mainland China, presented at the Symposium on Comparative Law in East Asia at Soochow University School of Law in Taiwan on June 3, 2004.
Zhang X.C., Cross-border Jurisdictional Conflicts between Mainland China and Hong Kong on Civil and Commercial Matters, Symposium on Cross-border Legal Practice between Mainland China and Hong Kong and Macau organized by the Supreme People's Court, the High People's Court of Guangdong and the National Judiciary College in Shenzhen on May 19-20, 2004.
Zhang X.C., Development of Consumer Credit in China and Concerns about the Underlying Legal Infrastructure, In: Johanna Niemi-Kiesilainen, Iain Ramsay and William C. Whitford (eds.), Consumer Bankruptcy in Global Perspective. Hart Publishing, 2003, 105-120.
Zhang X.C., Duties of Majority Shareholder to Minority Shareholders in Mergers and Acquisitions, presented at Company Law Forum at East china Institute of Political Science and Law (Shanghai) on November 8, 2003.
Zhang X.C., Fiduciary Duty of Controlling Shareholders in Mergers and Acquisitions: References and Comparison with the Delaware Case Law, presented at 2003 International Forum on Civil and Commercial Law of 21st Century at Tsinghua University School of Law (Beijing) on November 1, 2003.
Zhang X.C., New Landscape of Foreign Mergers and Acquisitions in China after Its WTO Accession, Journal of Chinese and Comparative Law. 2004, No. 2, 2003: 229-255.
Zhang X.C., Pretrial Rules and Practice in the US, presented at the Conference on Pretrial Procedures as a UNDP-the Supreme People's Court Project of Judicial Reform Assistance at Zhuhai on 16 October 2003.
Zhang X.C., Probing into the Closer Economic Partnership Arrangement between Mainland China and Hong Kong, Journal of Int6ernational Economic Law (in Chinese). 2003, 84-114.
Zhang X.C., SARS and Globalization, 7 Bauhinia Magazine (in Chinese). 2003, 38-39.
Zhang X.C., The Legal Basis and Difficulties of Closer Economic Arrangement Between Hong Kong and the Mainland (in Chinese), In: X.C. Zhang (ed.), WTO Regulations and the Economic and Legal Relations Among the Four Territories at Two Sides of the Strait. Hong Kong, Commercial Press, 2003, 86-117.
Zhang X.C., WTO Decisions on Privatization of State-owned Enterprises and the SOE Reform of China, Fudan Civil and Commercial Law Review (in Chinese). 2003, 31-56.
Zhang X.C., WTO Rules and Economic and Legal Relations Among Mainland China. Hong Kong, Commercial Press, 2003, 176pp.


Researcher : Zheng G

List of Research Outputs

Zheng G., A Review Essay on Olivers Wendell Holmes, Jr.'s Common Law, Tsinghua Journal of Legal Studies. 2004, 2: 1pp.
Zheng G., Faces of Justice and State Authority (Chinese translation of Mirjan Damaska's book). Chinese University of Politics and Llaw Press, 2004, 363pp.


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