| THE
UNIVERSITY OF HONG KONG |
DEPARTMENT OF PROFESSIONAL LEGAL EDUCATION
| Researcher : Booth CD |
| Project Title: | Moving from planned economy to a market economy: the development of a new insolvency system in mainland China and its cross-border impact |
| Investigator(s): | Mr. Booth C.D., Mr. Smart P.St J., Prof. Wang W.G., Dr. Zhang X.C. |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Hong Kong Research Grants Council Competitive Earmarked Research Grants |
| Start Date: | 12/2001 |
| Abstract: |
| To assess the extent to which the emerging insolvency system in China, comprising both insolvency laws (such as the Draft New Bankruptcy Law) and administrative procedures (such as the formation of asset-management companies) incorporates the elements necessary for the functioning of an efficient, successful insolvency regime, through (a) analysing the laws and procedures and assessing their effectiveness when applied; and (b) comparing Chinese insolvency law and administrative procedures with (i) their counterparts in other Asian jurisdictions and (ii) international "best practices"; and to assess the effectiveness of China's across-border insolvency law, with a focus on matters involving mainland Chine and the Hong Kong SAR, and with a view to recommending a framework to improve cooperation. |
| List of Research Outputs |
| Booth C.D., "A Comparison on Provisional Supervision and Chapter 11 of the US Bankruptcy Code", "Sink or Swim?" A Seminar on Corporate Rescue and Individual Voluntary Arrangements in Hong Kong, and Ernst and Young, Hong Kong, Dec. 10, 2003. Hong Kong. |
| Booth C.D., "An overview of the UNCITRAL Model Law on Cross Border Insolvency", The 7th Beijing - Hong Kong Economic Co-operation Symposium - Seminar on Corporate Restructuring, Merger and Acquisition and Liquidation, Beijing - Hong Kong Restructuring, Merger & Acquisition and Liquidation Joint Working Group and HKSA Insolvency Interest Group, Beijing, China, Oct 24, 2003.. 2003. |
| Booth C.D., "Avoidance Powers in Hong Kong Insolvencies: A Real Threat or Paper Tigers?", Lecture, The Society of Chinese Accountants and Auditors, Hong Kong. 2004. |
| Booth C.D., "Corporate Rescue in Hong Kong: A Comparison of Provisional Supervision and Chapter 11 of the US Bankruptcy Code", Lecture: Insolvency Interest Group, Hong Kong, February 18, 2004. 2004. |
| Booth C.D., "Corporate Rescue in Hong Kong: Provisional Liquidation", Academics Meeting, INSOL Las Vegas 2003, Las Vegas, Nev., Sept. 20, 2003.. 2003. |
| Booth C.D., "Current Status of Insolvency Law Reform Efforts in China", Fourth Annual International Insolvency Conference, International Insolvency Institute, NYC, NY, June 8, 2004. New York, USA, 11pp. |
| Booth C.D., "Current Trends in Consumer Insolvency in Hong Kong", Consumer Bankruptcy in Global Perspective. Oxford & Portland, Oregon, Hart Publishing, 2003, 187-202. |
| Booth C.D., "Recent Developments in Corporate and Cross-Border Insolvency Law in Hong Kong and the People's Republic in China", Committee J Panel, International Bar Association (IBA) Section on Business Law Conference, San Francisco, CA, Sept. 18, 2003.. 2003. |
| Booth C.D., "Rights, Powers and Duties of the Debtor and Creditors in Insolvency Proceedings in Hong Kong" (2003), The ICFAI Journal of International Business Law. Hong Kong, 2003, 2: 74-82. |
| Booth C.D., Corporate Insolvency Law: Perspectives and Principles - by Vanessa Finch (2002), Hong Kong Law Journal. Hong Kong, 2004, 34(1): 214-218. |
| 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. |
| Researcher : Carver AR |
| List of Research Outputs |
| Carver A.R., Hong Kong Business Law 6th ed. Hong Kong, 2003, 805pp. |
| Carver A.R. and Ng S., Letter Writing for Lawyers. Hong Kong, Sweet & Maxwell, 2004, 232pp. |
| Goo S.H. and Carver A.R., Corporate Governance: the Hong Kong Debate. Hong Kong, Singapore, Malaysia, Sweet & Maxwell Asia, 2003, 593pp. |
| Wilkinson R.M., Carver A.R. and Mohan K., Legal Professional Privilege in a Criminal World 2003, Law Lectures for Practitioners 2003. Hong Kong, Sweet & Maxwell Asia, 2004, 49-85 pp. |
| Researcher : Chan FWH |
| Project Title: | Multipliers for personal injury litigation in Hong Kong |
| Investigator(s): | Dr. Chan F.W.H., Dr. Chan W.S. |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Hong Kong Research Grants Council Competitive Earmarked Research Grants |
| Start Date: | 09/2001 |
| Abstract: |
| To examine the legal and actuarial issues involved in a personal injury claim in a lay way so that lawyers, judges and actuaries in Hong Kong not specialised in either field can still understand and apply them; to construct the general Hong Kong actuarial multiplier tables based on the most recent experience3; to search an appropriate discount rate in the context of Hong Kong's local circumstances. |
| Project Title: | Logistics barriers in the Pearl River Delta: the outlook for legal solutions |
| Investigator(s): | Dr. Chan F.W.H., Dr. Li K.X.G., Mr. Ng J.J.M., Dr. Tai S.K. |
| Department: | Professional Legal Education |
| Source(s) of Funding: | RGC Projects (Block Grant Funded) |
| Start Date: | 07/2003 |
| Abstract: |
| To analyse the interrelationship between the logistics barriers and their legal environments in Hong Kong and the Pearl River Delta; to formulate a blue print for legal reforms, in line with the WTO regime, that will help remove the logistics barriers arising from the legal systems in China and Hong Kong; to search for convergence of the logistics laws in the two distinct legal systems. |
| List of Research Outputs |
| Chan F.W.H., Current Issues in Transport Law and Logistics Management., Seminars organised by the Centre of Urban Planning and Environmental Management (CUPEM) (26 March and 2 April 2004, Hong Kong). Hong Kong, 2004. |
| Chan F.W.H., E-logistics: Some Legal and Policy Debates., The 8th Conference of Hong Kong Society for Transportation Studies (HKSTS) co-organised by The Airport Authority Hong Kong, HKU and HKSTS (13 December 2003, Hong Kong). Hong Kong, 2003. |
| Chan F.W.H., Electronic Contracts and Electronic Signatures, Maritime Law Seminar - Co-organised by HKU, Hong Kong Maritime Law Association and China Maritime Law Association (27 September 2003, Hong Kong). Hong Kong, 2003. |
| Chan F.W.H. and Chan W.S., Law, Probability and Risk, On Selection of the Discount Rate for Actuarial Assessment of Damages in Personal Injury Litigation in Hong Kong. Oxford University Press, 2003, 2, Issue 1: 15-24. |
| Chan F.W.H., The Law of E-commerce: international trade and logistics., Santa Clara University Summer International Law Programme (27 June 2004, Hong Kong). Hong Kong, 2004. |
| Chan W.S. and Chan F.W.H., A Longlinear Analysis of Legal Representation Statistics on Hearings of Civil Cases in the District Court of Hong Kong., Hong Kong Law Journal (2003). Hong Kong, Sweet & Maxwell, 2004, Vol.33, Part 3: 523-542. |
| Chan W.S. and Chan F.W.H., The Paradigm Shift in Personal Injury Litigation in Hong Kong - The Actuarial Perspectives, A refereed paper published in the proceedings of "The Global Business and Finance Research Conference (14-17 July 2004, London). U.S.A., The Journal of American Academy of Business, 2004, 11. |
| Sarony QC N., Chan W.S. and Chan F.W.H., PIOS - Personal Injuries Online Service (updated weekly). Hong Kong, Sweet & Maxwell, 2004. |
| Wu R.W.S. and Chan F.W.H., Law Lectures for Practitioners 2003.. Sweet & Maxwell, 2004, 125. |
| Researcher : Cheung ETM |
| List of Research Outputs |
| Cheung E.T.M., Chairman of the Appeal Tribunal Panel under section 45 of the Buildings Ordinance. 2004. |
| Cheung E.T.M., Decision of the Buildings Appeal Tribunal in Case No.158-2003. 2003. |
| Cheung E.T.M., Decision of the Buildings Appeal Tribunal in Case No.191-2003. 2003. |
| Cheung E.T.M., Decision of the Buildings Appeal Tribunal in Case No.227-2002. 2003. |
| Cheung E.T.M., Decision of the Buildings Appeal Tribunal in Case No.75-2003. 2003. |
| Cheung E.T.M., Member of the Hong Kong Bar Association's Bar Qualification Examination (Civil Procedure and Civil Evidence). 2004. |
| Cheung E.T.M., Member of the Hong Kong Law Society's Bilingualism Committee. 2004. |
| Cheung E.T.M., Member of the Hong Kong Law Society's Constitutional Affairs Committee. 2004. |
| Cheung E.T.M., Member of the Hong Kong Law Society's Continuing Professional Development Committee. 2004. |
| Cheung E.T.M., Member of the Hong Kong Law Society's Overseas Lawyers Qualification Examination Panel. 2004. |
| Cheung E.T.M., Member of the Judicial Studies Board. 2004. |
| Researcher : Chow WS |
| Project Title: | PCLL redesign project |
| Investigator(s): | Mr. Chow W.W.S. |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Run Run Shaw Research and Teaching Endowment Fund |
| Start Date: | 01/2002 |
| Abstract: |
| To transform PCLL from a knowledge-based to a skills and problem-based curriculum to meet the needs of the legal profession and the community. |
| List of Research Outputs |
| Chow W.S., Inland Revenue Departmental Interpretation and Practice Notes No.40:-Guidance or Misguidance? (Spring 2003), Asia-Pacific Journal of Taxation. Hong Kong, The Taxation Institute of HK & The HK Polytechnic University, 2003, 7 No.1: 2-8. |
| Researcher : Halkyard AJ |
| List of Research Outputs |
| Halkyard A.J. and Sieker S., "E-Commerce - Tax @Hong Kong: Parts 1 and II", Tax Planning International Review. London, United Kingdom, Bureau of National Affairs, 2003, 30: 11-14; 16-23. |
| Halkyard A.J. and Bentley D., "Investing in Hong Kong and Mainland China", International Tax Review [Inter Tax]. Amsterdam, Netherlands, Kluwer, 2003, 31: 431-450. |
| Halkyard A.J., "Ramsay, Westmoreland Investments and Stamp Duty: A View from South China", British Tax Review. London, United Kingdom, Sweet & Maxwell, 2003, [2003]: 283-291. |
| Halkyard A.J., "Taxation of Unrealized Gains and Losses: An Analysis of the Impact of International Accounting Standard 39", Asia-Pacific Journal of Taxation. Hong Kong, Taxation Institute of Hong Kong, 2004, 7(4): 2-11. |
| Halkyard A.J., "The Demise of the Juristic/Commercial Dichotomy and the US Connection in Stamp Duty", British Tax Review. London, United Kingdom, Sweet & Maxwell, 2004, [2004]: 14-22. |
| Halkyard A.J. and Leung S., Enyclopaedia of Hong Kong Taxation: Taxation of Income. Singapore, Lexis Nexis Butterworths, 2003, Issue 10 to Volumes 3 and 4: 50pp. |
| Halkyard A.J. and Olesnicky M., Law Lectures for Practitioners 2004: Current Controversies in Hong Kong Taxation, Hong Kong Law Journal. 2004. |
| Halkyard A.J., Tax Appeals Rules and Procedures, Presentation for Hong Kong Inland Revenue Board of Review to delegation representing the State Administration of Taxation, Qingdao, April 2004. |
| Researcher : Sherrin CH |
| List of Research Outputs |
| Sherrin C.H., "A Forgotten or Ignored Ordinance? A Critical Analysis of the Inheritance (Provision for Family and Dependants) Ordinance", 2004, Law Lectures for Practitioners. Hong Kong, 2004, 1-20. |
| Sherrin C.H., "Succession", The All England Reports Annual Review, 2003. 2003, 400-405. |
| Sherrin C.H., Probate and Administration Handbook, October 2003. Hong Kong, Butterworths, 2003, 1-484. |
| Sherrin C.H., Reissue Halsbury's Laws of Hong Kong. Wills, Probate, Administration and Succession, June 2004. Hong Kong, 2004, 27. |
| Sherrin C.H., The Law and Practice of Intestate Succession. London, England, Sweet & Maxwell, 2004, 1-607. |
| Researcher : Whitfort AS |
| List of Research Outputs |
| Whitfort A.S., "Reforming the Chinese Criminal Defence System", International Symposium on Criminal Defence Strategies of the PRC, Shanghai, 2003. Shanghai, PRC. |
| Whitfort A.S., Examiner on Professional Conduct for the Hong Kong Law Society's Overseas Lawyers Qualification Examinations. 2003. |
| Researcher : Wilkinson RM |
| List of Research Outputs |
| Wilkinson R.M., Halsbury's Laws of Hong Kong Civil Procedure vols 5(1) and 5(2), update November 2003. Singapore, Lexis Nexis, 2003, 5(1) and 5(2): 60pp. |
| Wilkinson R.M., Halsbury's Laws of Hong Kong Civil Procedure, Second reissue. Singapore, Lexis Nexis, 2003, 5(1) and 5(2): 1400pp. |
| Wilkinson R.M., Hong Kong Conveyancing Cases and Materials vols 2, 2A, 2B, 2C and 2D; Chapter 2, 3, 5, 6, 7, 12 update No.30 October 2003. Singapore, Lexis Nexis, 2003, 2, 2A, 2B, 2C, 2D: 480pp. |
| Wilkinson R.M., Hong Kong Conveyancing Cases and Materials vols 2, 2A, 2B, 2C, 2D; Chapter 2, 3, 5, 6, 7, 12 update No.32 June 2004. Singapore, Lexis Nexis, 2004, 2, 2A, 2B, 2C, 2D: 330pp. |
| Wilkinson R.M., Hong Kong Conveyancing Cases and Materials vols 2, 2A, 2B, 2C, 2D; Chapter 2, 3, 5, 6, 7, 12, update No.31 March 2004. Singapore, Lexis Nexis, 2004, 2, 2A, 2B, 2C, 2D: 440pp. |
| Wilkinson R.M., Hong Kong Conveyancing Cases and Materials vols 2, 2A, 2B, 2C, and 2D; Chapter 2, 3, 5, 6, 7, 12 update No.29 July 2003. Singapore, Lexis Nexis, 2003, 2, 2A, 2B, 2C, 2D: 390pp. |
| Wilkinson R.M., Hong Kong Conveyancing Law and Practice vols 1 and 1A; update No.30 July 2003. Singapore, Lexis Nexis, 2003, 1 & 1A: 308pp. |
| Wilkinson R.M., Hong Kong Conveyancing Law and Practice vols 1 and 1A; update No.32 March 2004. Singapore, Lexis Nexis, 2004, 1 & 1A: 402pp. |
| Wilkinson R.M., Hong Kong Conveyancing Law and Practice vols 1 and 1A; update No.33 June 2004. Singapore, Lexis Nexis, 2004, 1 & 1A: 304pp. |
| Wilkinson R.M., Hong Kong Conveyancing Law and Practice vols.1 and 1A; update No.31 October 2003. Singapore, Lexis Nexis, 2003, 1 & 1A: 482pp. |
| Wilkinson R.M., Carver A.R. and Mohan K., Legal Professional Privilege in a Criminal World 2003, Law Lectures for Practitioners 2003. Hong Kong, Sweet & Maxwell Asia, 2004, 49-85 pp. |
| Wilkinson R.M., The Continuing Saga of Defective Execution of Conveyancing Documents in Hong Kong: Statutory Intervention 2003, Hong Kong Law Journal. Hong Kong, Hong Kong Law Journal, 2003, 33, Part 2: 35pp. |
| Researcher : Wu RWS |
| List of Research Outputs |
| Wu R.W.S. and Chan F.W.H., Law Lectures for Practitioners 2003.. Sweet & Maxwell, 2004, 125. |
| Researcher : Young JYK |
| List of Research Outputs |
| Young J.Y.K., "Charge over Book Debts - What Security Do We Have?", Law Lectures for Practitioners 2003. Hong Kong, Sweet & Maxwell, 2004, pp.113-125. |
| Young J.Y.K., External Examiner for the Associate of Business Administration program run jointly by HKU SPACE and Beijing Normal University. 2004. |
| Young J.Y.K., Member of the Hong Kong Law Reform Commission's Sub-committee on Privity of Contract . 2004. |