DEPARTMENT OF LAW
| Researcher : Arner DW |
| Project Title: | Financial regulation and the WTO: liberalisation and restructuring in China |
| Investigator(s): | Arner DW, Hsu BFC, Bushehri MM, Lou JB, Zhou ZF |
| Department: | Law |
| Source(s) of Funding: | Competitive Earmarked Research Grants (CERG) |
| 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. |
| Project Title: | Public law and public policy strategic research area: corporate and financial law and policy research theme |
| Investigator(s): | Arner DW, Bai C, Booth CD, Chang EC, Hsu BFC, Liu Q |
| Department: | Law |
| Source(s) of Funding: | Seed Funding for Strategic Research Theme |
| Start Date: | 05/2005 |
| Abstract: |
| To support on-going research based in AIIFL and the Faculty of Business & Economics,. The proposal will specifically support research into corporate and financial policy and related legal and institutional reforms, focusing on Hong Kong's role as an international financial centre and especially its roles in China and Asia. |
| List of Research Outputs |
| Arner D.W., Leung J., Park J.H., Chaipravat O. and Akamatsu N., Development of Securitisation Markets in China, China Interagency Taskforce on Securitisation and Credit Guarantee Markets and Non-Governmental Advisory Group, Ministry of Finance, Beijing, 9 July 2004. 2004. |
| Arner D.W. and Hsu B.F.C., Governance, Property Rights and Financial Development, London Forum for International Economic Law and Development Colloquium: Law, Culture and Financial Sector Development, Shanghai, PRC (14 May 2005). 2005. |
| Arner D.W., Impact on Market - Issuer's Perspective, The SEC's New Rules on Asset-Backed Securities, Hong Kong (4 May 2005). 2005. |
| Arner D.W., Lejot P.L. and Rhee S.G., Impediments to Cross-Border Investment in Asian Bond Markets, Developing Bond Markets in APEC: Toward Greater Public-Private Sector Regional Partnership, Asian Development Bank Institute, Tokyo, Japan (21-22 Jun. 2005). 2005. |
| Arner D.W., Law and Financial Sector Development, Asian Development Bank, Manila, Philippines (18-20 Apr. 2005). 2005. |
| Arner D.W., Market Access and Trade in Services, China's Participation in the WTO: Changing China, Changing the World, Ritz-Carlton Hotel, Hong Kong (21-22 Feb. 2005). Hong Kong, 2005. |
| Arner D.W., Securitisation in China, Asian Securitisation Summit, Hong Kong (23-24 May 2005). 2005. |
| Arner D.W., Unilateralism, Multilateralism and International Securities Offerings, In: J. Attanasio & J. Norton, Multilateralism v Unilateralism: Policy Choices in a Global Society. London, U.K., British Institute of International and Comparative Law, 2004, 255-96. |
| Arner D.W., Update on Basel II and Overview of the Banking (Amendment) Ordinance 2005, Baker & McKenzie, Hong Kong. 2005. |
| Lejot P.L., Arner D.W. and Liu Q., Making Markets: Reforms to Strengthen Asia's Debt Capital Markets, HKIMR Working Paper. Hong Kong, HKIMR, 2004, 13/2004: 55pp. |
| Lejot P.L., Arner D.W. and Liu Q., Making Markets: Reforms to Strengthen Asia's Debt Capital Markets, Hong Kong Institute of Monetary Research Working Paper. Hong Kong, HKIMR, 2004, 13/2004: 55. |
| Lejot P.L. and Arner D.W., Well-intentioned Asian Bond Fund Won't Work, International Financial Law Review. London, UK, Euromoney, 2004, 23-24. |
| Researcher : Bottigliero I |
| List of Research Outputs |
| Bottigliero I., Book Review of "International Crimes" by Nikos Passas, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(2): 423-428. |
| Researcher : Brabyn JM |
| Project Title: | Contested confessions in Hong Kong magistrates' courts |
| Investigator(s): | Brabyn JM |
| Department: | Law |
| Source(s) of Funding: | RSS Grant Distributed via Faculty |
| 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. |
| List of Research Outputs |
| Brabyn J.M., A Defendant's "Good Character" in a Criminal Trial, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 581-614. |
| Researcher : Bushehri MM |
| Project Title: | Applied research on China-WTO law |
| Investigator(s): | Bushehri MM |
| Department: | Law |
| Source(s) of Funding: | The University of Hong Kong Foundation Seed Grant |
| Start Date: | 04/2002 |
| Abstract: |
| To carry out applied research on China-WTO law. |
| List of Research Outputs |
| Bushehri M.M., Book Review of " The Law of Subsidies Under the GATT/WTO System" by Marc Benitah, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 247-251. |
| Researcher : Chan JMM |
| Project Title: | Human rights and the Basic Law bulletin |
| Investigator(s): | Chan JMM, Byrnes AC |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 11/1991 |
| Abstract: |
| To note and comment, on a periodical basis, on the latest developments of the Hong Kong Bill of Rights and the Basic Law. |
| Project Title: | The Hong Kong Public Law Reports |
| Investigator(s): | Chan JMM, Byrnes AC, Edwards G. |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 05/1992 |
| Abstract: |
| 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. |
| List of Research Outputs |
| Chan J.M.M., 'Opening Remarks', Regional Dialogue on Intellectual Property Rights, Innovation and Sustainable Development, a conference organized by the HKU in conjunction with the International Centre for Trade and Sustainable Development and UNCTRAD, 8 November 2004. |
| Chan J.M.M., (2000-2001) 9 Hong Kong Public Law Reports. Hong Kong, LexisNexis Butterworths, 2004, 997. |
| Chan J.M.M., A Sliding Scale of Reasonableness in Hong Kong Administrative Law, a paper presented at the Comparative Administrative Law Conference, Cape Town University, Cape Town, 20-22 March 2005. |
| Chan J.M.M., Immigration Policy and Human Resources Planning, a paper presented in the 2022 workshop, Hong Kong Institute for the Humanities and Social Sciences, 9 August 2004. |
| Chan J.M.M., Law Reform on Privacy: The Hong Kong's Experience, a paper presented at the Law Reform conference held by Paris I Sorbonne University in Paris, 17-18 December 2004. |
| Chan J.M.M., Legal Education in Hong Kong, a paper presented in Conference on Legal Education: Past and Propsect, the 90th Anniversary Conference of Soochow University School of Law, Taipei, 30-31 March 2005. |
| Chan J.M.M., National Security and the Unauthorized and Damaging Disclosure of Protected Information, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 251-276. |
| Chan J.M.M., Recent Political Reform in the Republic of Ireland, Conference on Functional Constituencies: Where to Now?, Hong Kong, July 2004. |
| Chan J.M.M., The Legal Environment and Development of Higher Education in Hong Kong (in Chinese), Legal Science Monthly. 2004, 275: 23-29. |
| Researcher : Chen AHY |
| Project Title: | Globalisation and Chinese law: theoretical perspectives on the contemporary legal system building in the Republic of China |
| Investigator(s): | Chen AHY |
| Department: | Law |
| Source(s) of Funding: | University Research Committee / Committee on Research and Conference Grants - General Award |
| 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. |
| Project Title: | The jurisprudence of "one country, two systems" |
| Investigator(s): | Chen AHY |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| To conduct a systematic survey of all the cases decided by the Hong Kong courts on the Basic Law as well as the above mentioned interventions of the Standing Committee. |
| List of Research Outputs |
| Chen A.H.Y., An Introduction to the Legal System of the People's Republic of China (3rd edn.). Hong Kong, LexisNexis Butterworths, 2004, xix + 346pp. |
| Chen A.H.Y., Book Review of "The National People's Congress of Chian" by Jiang Jinsong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(2): 419-422. |
| Chen A.H.Y., Book review on McIlwain, Constitutionalism: Ancient and Modern, China Book Review. 2005, 1: 58-69 (in Chinese). |
| Chen A.H.Y., Interaction between the Legal Systems of Hong Kong and the Mainland from the Perspective of Criminal Conflict of Laws, In: Renmin University Criminal Law Research Centre (eds.), Explorations of Modern Criminal Law Issues. Beijing, Law Press, 2004, Vol. 1: 390-397 (in Chinese). |
| Chen A.H.Y., Socio-legal Thought and legal Modernization in Contemporary China: A Case Study o fthe Jurisprudence of Zhu Suli, In: Guenther Doeker-Mach and Klaus A. Ziegert (eds.) , Law, Legal Cultural and Politics in the Twenty First Century. Stuttgart, Franz Steiner Verlag, 2004, 227-249. |
| Chen A.H.Y., The Concept of 'One Country, Two Systems' and its Application in Hong Kong (in Chinese), In: Xu Chuanxi (ed.), Legal Development in the Era of Transition in Chinese Society. Beijing, Law Press, 2004, 547-563. |
| Chen A.H.Y., The Constitutional Amendment of 2004 and the Prospects for Chinese Constitutionalism, Twenty-first Century. 2005, 88: 67-77 (in Chinese). |
| Chen A.H.Y., The Constitutional Controversy of Spring 2004, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(2): 215-225. |
| Chen A.H.Y., The Consultation Document and the Bill: An Overview, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 93-118. |
| Chen A.H.Y. and Cheung A.S.Y., The Search for the Rule of Law in the Hong Kong Special Administrative Region, 1997-2003, In: Y.C. Wong (ed.), "One Country, Two Systems" in Crisis: Hong Kong's Transformation Since the Handover. Lanham, Maryland, Lexington Books, 2004, 61-93. |
| Chen A.H.Y., Unity and Plurality: The Basic Laws of the Special Administrative Regions under 'One Country, Two Systems', In: Zhang Qianfan (ed.), Constitutional Law. Beijing, Law Press, 2004, 481-525 (in Chinese). |
| Researcher : Cheung ASY |
| Project Title: | A reinterpretation of press freedom in the era of declining media ethics |
| Investigator(s): | Cheung ASY |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2002 |
| Completion Date: | 10/2004 |
| 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., The Search for the Rule of Law in the Hong Kong Special Administrative Region, 1997-2003, In: Y.C. Wong (ed.), "One Country, Two Systems" in Crisis: Hong Kong's Transformation Since the Handover. Lanham, Maryland, Lexington Books, 2004, 61-93. |
| Cheung A.S.Y., The Regulation of Women's Passion on the Internet, Departmnet of Anthropology, University of Hong Kong. 2004, 29. |
| Cheung A.S.Y., Turning Victims into Defendants: A Study of Sex Scandals, Singapore Journal of Legal Studies. Singapore, National University of Singapore, 2004, December 2004: 328-346. |
| Cheung A.S.Y., What Law Cannot Give: From the Queen to the Chief Executive, In: Michael Freeman, Law and Popular Culture: Current Legal Issues 2004. UK, Oxford University Press, 2005, 7: 425-447. |
| Researcher : Cottrell JH |
| List of Research Outputs |
| Cottrell J.H. and Ghai Y.P., 'Seeking Democratisation, Accountability and Social Justice: the Constitution Building Process in Kenya (2000-2004)', sub-programme of International IDEA on 'The Role of Constitution-Building Processes in Democratization', published on website: www.idea.int. Stockholm, Int'l Institute of Democracy and Electoral Assistance, 2004, 30pp. |
| Cottrell J.H., Book Review of "Land Reform Policy: The Challenge of Human Rights Law" by Ben Chigara, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 241-243. |
| Cottrell J.H. and Ghai Y.P., Constitution Making in Fiji: Context and Process, sub-programme of International IDEA on 'The Role of Constitution-Building Processes in Democratization', published on website: www.idea.int. Stockholm, Int'l Institute of Democracy and Electoral Assistance, 2004, 36pp. |
| Ghai Y.P. and Cottrell J.H., The Politics of Succession in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 6pp. |
| Researcher : Emerton RG |
| List of Research Outputs |
| Emerton R.G., Neither Here nor There: The Current Status of Transsexual and Other Transgender Persons Under Hong Kong Law, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(2): 245-277. |
| Emerton R.G., Time For Change: A Call For The Legal Recognition of Transsexual and Other Transgender Persons in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 515-556. |
| Emerton R.G., Translating International and Regional Trafficking Norms into Domestic Reality: A Hong Kong Case Study, Buffalo Human Rights Law Review. 2004, 10: 215-260. |
| Researcher : Fu H |
| Project Title: | Social conflict and dispute resolution in rural China |
| Investigator(s): | Fu H, Liang Z.P. |
| Department: | Law |
| Source(s) of Funding: | Incentive Award for RGC CERG Fundable But Not Funded Projects |
| 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): | Fu H |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2003 |
| Abstract: |
| To provide an analytical framework for RETL reforms. |
| Project Title: | The politics of scandal: police reform in China in 2003 |
| Investigator(s): | Fu H |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| The study can improve our understanding of the nature and function of the police in and authoritarian society, and the impact the police may have on the development of rule of law. |
| List of Research Outputs |
| Fu H., Book Review of "Bridging the Global Divide on Human Rights: A Canada-China Dialogue" by Errol P. Mendes and Anik Lalonde-Roussy (eds.), Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 244-246. |
| Fu H., Counter-revolutionaries, Subversives and Terrorists: China's Evolving National Security Law, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 63-92. |
| Fu H. and Choy D.W., From Mediation to Adjudication: Settling Labor Disputes in China, China Rights Forum. 2004, 3: 17-22. |
| Fu H., Petersen C.J. and Young S.N.M., National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 534pp. |
| Fu H., Past and Future Offences of Sedition in Hong Kong, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 217-250. |
| Researcher : Gao HS |
| Project Title: | The WTO Dispute Settlement System and China |
| Investigator(s): | Gao HS |
| Department: | Law |
| Source(s) of Funding: | Seed Funding Programme for Basic Research |
| Start Date: | 04/2005 |
| Abstract: |
| China’s accession to the WTO has attracted substantial attention from the academic circle both before and after the accession. Thousands of books have been published in China on China and WTO, while outside China, hundreds of articles have been written on the same subject. The existing literatures, however, are not of much use when one examines them with critical eyes. First, most of the existing works are introductory only and usually provides descriptive rather than analytical accounts of China’s accession. Of the remaining few which do offer some analysis, they are mostly sector-by-sector studies which try to assess the implication of China’s WTO accession from an economic rather than legal perspective. It is undeniable that trade interests are frequently dominated by economic and political considerations; with the emergence of the carefully-crafted WTO dispute settlement system, however, now all economic and political issues in trade relationship have to be solved by legal means. Thus, it has become more and more important to conduct legal analyses of the WTO rules. Studies on the GATT/WTO dispute settlement system were pioneered by R. Hudec, J. Jackson and K. Dam in the United States, as well as E.U. Petersmann in the EU. Most of their works, however, focus on the American and European experiences with the GATT/WTO dispute settlement system. China’s accession posed new challenges to both the WTO dispute settlement system and China:1. Even before China joined the WTO, China has been consistently ranked as the primary target of trade remedy actions (anti-dumping, safeguards and countervailing measures) taken by other governments. With China’s accession to the WTO, the problem not only did not disappear but also worsened. Before its accession, China could only seek the mercy of the domestic agencies and courts of the investigating countries; after the WTO accession, however, China now can have full recourse to the WTO dispute settlement mechanism. On the other hand, the other WTO Members can also drag China before the WTO Dispute Settlement Body to challenge Chinese trade practices. Will the WTO dispute settlement system become over-loaded with China’s accession? As Hudec pointed out, the GATT dispute settlement system was at the brink of bankruptcy when the Americans and Europeans waged a series of trade wars in the 1980s. It was against this background that the dispute settlement system was substantially revamped in the Uruguay Round as “a central element in providing security and predictability to the multilateral trading system” (DSU). Can this system, however, deal with a country that is the third largest trader in the world, that records double-digit growth in trade volumes for decades, that is the largest manufacturer and market for many products which are of crucial importance for the whole world? How can the current dispute settlement system be best adapted to cope with China’s accession?2. The “China Challenge” is further aggravated by the fact that China maintains an economic regime that is not entirely market-oriented. Even though the WTO has an impressive record of handling trade disputes between market economy countries, can this success be sustained in disputes involving China? If not, what kind of legal responses can be developed?3. As the price for its accession to the WTO, China has agreed to many discriminatory provisions in its accession protocol. Such discriminatory provisions could be divided into two category: one is the “WTO-plus obligations”, which requires China to do more than what the WTO has asked its Members to do; the other is the “WTO-minus rights”, which allows other Members to discriminate against China in their trade actions without due regard to the basic WTO rules. There has been some research on the “WTO-plus obligations” (see e.g. J.Y. Qin, “WTO-Plus” Obligations and Their Implications for the WTO Legal System: An Appraisal of the China Accession Protocol, Journal of World Trade, Vol. 37, No. 3, June 2003), but few work has been done on “WTO-minus rights”. It is hard to define the legal status of the “WTO-minus rights”. On the one hand, it is in blatant violation of the basic WTO rules (and this has been conceded even by the former EU Trade Commissioner P. Lamy as per his private conversation with the applicant earlier this year) and thus one might argue that it is not valid. On the other hand, “pact sunt servanda”, as one of the basic rules of international law, seems to indicate that such provisions should be valid anyway. Recent developments have already confirmed the applicant’s worry as to the confusions that exist on the correct interpretations of these provisions: earlier this year, the United States announced that it will apply the so-called “Special Textile Safeguard Mechanism” in China’s Accession Protocol to limit the growth of the exports of certain Chinese textile products at a certain percentage. China issued an official statement denouncing this as violating WTO rules on safeguard while the United States maintained that this was perfectly legal as it was based on China’s Accession Protocol. One way to solve the difference is to refer the issue to the WTO Panel and Appellate Body, and this will be an issue that is of both theoretical and practical importance in WTO law. |
| List of Research Outputs |
| Gao H.S., Amicus Curiae Briefs in the WTO Dispute Settlement System: Theory and Practice , 世界贸易组织争端解决机制中“法庭之友”书状的使用：理论与实践, In: Chen An, Journal Of International Economic Law . 中国国际经济法学刊, Beijing, China, Peking University Press, 2004, 11: 388-416. |
| Gao H.S., China’s Zero Tariff for Taiwan Fruit Imports may Violate WTO Rules, 免台湾水果关税可能违世贸规定, Hong Kong Economic Journal. 信报财经新闻, Hong Kong, Hong Kong Economic Journal, 2005, May 6, 2005: 25. |
| Gao H.S., Commentaries on the WTO Dispute Settlement System III, WTO争端解决机制漫谈之三, Economic and Trade Update. 时代经贸, 2004, 13: 73-75. |
| Gao H.S., Commentaries on the WTO Dispute Settlement System IV , WTO争端解决机制漫谈之四, Economic and Trade Update. 时代经贸, 2004, 14: 66-68. |
| Gao H.S., Commentaries on the WTO Dispute Settlement System V, WTO争端解决机制漫谈之五, Economic and Trade Update. 时代经贸, 2004, 15: 58-61. |
| Gao H.S., Commentaries on the WTO Dispute Settlement System VI, WTO争端解决机制漫谈之六, Economic and Trade Update. 时代经贸, 2004, 18. |
| Gao H.S., Commentaries on the WTO Dispute Settlement System VII, WTO争端解决机制漫谈之七, Economic and Trade Update. 时代经贸, 2005, 20. |
| Gao H.S., Course on International Trade Law, University Of Hong Kong, Poon Kam Kai Institute Of Management. 2004. |
| Gao H.S., Introduction to the Principles of Contract Law and Tort Law under Common Law, 普通法系合同法与侵权法导论, Introduction to the Principles of Contract Law and Tort Law under Common Law. 普通法系合同法与侵权法导论, Beijing, Peking University Press, 2005, 1-172. |
| Gao H.S., Lecture on E-commerce in the WTO for the HKU/WTO three-month Regional Trade Policy Course, World Trade Organization. 2005. |
| Gao H.S., Lecture on Research Methodologies and Sources on WTO for the HKU/WTO three-month Regional Trade Policy Course, World Trade Organization. 2005. |
| Gao H.S., Lecture on trade in services, First Wto Asia-pacific Regional Trade Policy Course. 2004. |
| Gao H.S., Legal Analysis of the EU-China Dispute on Coke Export Quota, International Symposium On Implications of the China’s WTO entry on the EU-China Trade, Environment and Development Cooperation. 2005. |
| Gao H.S., Legal Issues on the Economic Integration Agreement between China, Taiwan, Hong Kong and Macau, 两岸四地建立经济整合协定的法律问题, In: Wang Guiguo, A Study on the Legal Issues Concerning Regional Arrangements. 区域安排法律问题研究, Beijing, China, Peking University Press, 2004, 75-96. |
| Gao H.S., Overview of the Multilateral Trading System, Hong Kong Bar Association. 2005. |
| Gao H.S., The Closer Economic Partnership Arrangement (CEPA) between Mainland China and Hong Kong - Legal and Economic Analyses, In: Paul Davidson, Trading Arrangements in the Pacific Rim: ASEAN and APEC, . New York, Oceana Publications, Inc., 2004, 2004-4: Document III.C.6. |
| Gao H.S., The Emerging Trade Strategies of China, 中国对外贸易的新战略, Hong Kong Economic Journal Monthly. 信报财经月刊, Hong Kong, 2004, 330: 51-55. |
| Gao H.S., The Sino-EU Textiles Agreement Lacks Vision and is Illegal, 中欧纺织品协议—缺乏远见兼违法, Hong Kong Economic Journal. 信报财经新闻, Hong Kong Economic Journal, 2005, June 16, 2005: 17. |
| Gao H.S., The WTO Cross-Border Supply of Gambling and Betting Services Case and its Broader Implications, Symposium on WTO Law and Policy, Faculty of Law, University of Macau. 2005. |
| Researcher : Ghai YP |
| Project Title: | Ethnic conflict in Asia |
| Investigator(s): | Ghai YP |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 06/1992 |
| Abstract: |
| An analysis of research and evaluation of policy measures. |
| Project Title: | Constitutional development in Fiji |
| Investigator(s): | Ghai YP |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 05/1997 |
| Abstract: |
| To examine the interaction between ethnicity and constitutional development and to analyze the new constitutional arrangements adopted in August 1997. |
| List of Research Outputs |
| Cottrell J.H. and Ghai Y.P., 'Seeking Democratisation, Accountability and Social Justice: the Constitution Building Process in Kenya (2000-2004)', sub-programme of International IDEA on 'The Role of Constitution-Building Processes in Democratization', published on website: www.idea.int. Stockholm, Int'l Institute of Democracy and Electoral Assistance, 2004, 30pp. |
| Cottrell J.H. and Ghai Y.P., Constitution Making in Fiji: Context and Process, sub-programme of International IDEA on 'The Role of Constitution-Building Processes in Democratization', published on website: www.idea.int. Stockholm, Int'l Institute of Democracy and Electoral Assistance, 2004, 36pp. |
| Ghai Y.P., 'A Journey Around Constitutions－Reflections on Contemporary Constitutions', Building for Tomorrow on Yesterday's Strength. Hong Kong, Faculty of Law, The University of Hong Kong, 2004, 36-49. |
| Ghai Y.P., Putting the Cat Among the Pigeons: The Politics of the Referendum, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 433-450. |
| Ghai Y.P., Relationship between the States and Minorities, In: Nanda Wanasundera (ed.), Protection of Minority Rights and Diversity. Colombo, International Centre for Ethnic Studies, 2004, 1-39. |
| Ghai Y.P. and Cottrell J.H., The Politics of Succession in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 6pp. |
| Researcher : Glofcheski RA |
| List of Research Outputs |
| Glofcheski R.A., Journal Editor, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(2): 215-432. |
| Glofcheski R.A., Journal Editor, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 433-678. |
| Glofcheski R.A., Journal Editor, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 253pp. |
| Glofcheski R.A., Occupiers' Liability Ordinance (Cap 314) (2nd ed.), The Annotated Ordinances of Hong Kong. Hong Kong, LexisNexis Butterworths, 2005, 1-24. |
| Glofcheski R.A., The Illusion of Proportionate Libaility: The Case of the Incorporated Owners of Albert House, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 451-458. |
| Glofcheski R.A., The Implementation of ILO Standards in Hong Kong, International Labour Organization. 2005. |
| Glofcheski R.A., Third Party Liability Insurance, South China Morning Post. 2004. |
| Glofcheski R.A., University Teaching Fellowship, 2004. |
| Glofcheski R.A., Wrongful Terminations of Employment Contracts, In: A. Chan & J. Young (eds.), Law Lectures for Practitioners 2004. Hong Kong, Sweet & Maxwell Asia, 2004, 1-34. |
| Researcher : Goo SH |
| List of Research Outputs |
| Goo S.H. and Hicks A., Cases and Materials on Company Law (5th edn). Oxford, Oxford University Press, 2004, 605. |
| Goo S.H., Directors Duties, Independent Non-executive Directors, and Derivative Actions: Recent Debate in Corporate Governance, Judicial Training Conference for Sri Lankan Judges (1), organised by City University of Hong Kong, 9 December 2004. 17pp. |
| Goo S.H., Recent developments in Corporate Governance in the US, UK and HK, Judicial Training Conference for Sri Lankan Judges (2), organised by City University of Hong Kong, 7 September 2004. 15pp. |
| Researcher : Greenwood DG |
| List of Research Outputs |
| Greenwood D.G., Is Mistake Dead in Contract Law?, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 495-514. |
| Researcher : Gu W |
| List of Research Outputs |
| Gu W., Improving Commercial Dispute Resolution in China, Asian Dispute Review. Hong Kong, Hong Kong International Arbitration Center, 2005, 6-9. |
| Gu W., Recourse against Awards in Hong Kong Arbitration: Remitting and Setting Aside, The Arbitrator and Mediator. Melbourne, Australia, The Institute of Arbitrator & Mediators Australia, 2005, 24(1): 41-54. |
| Gu W., Security for Costs in International Commercial Arbitration, Journal of International Arbitration. The Hague, The Netherlands, Kluwer Law International, 2005, 22(3): 167-206. |
| Researcher : Harris LM |
| List of Research Outputs |
| Harris L.M., Ma L. and Fung C.B., A Connecting Door: the Proscription of Local Organizations, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 303-330. |
| Researcher : Ho LKS |
| Project Title: | Traditional rights of the New Territories indigenuous inhabitants and the Bill of Rights |
| Investigator(s): | Ho LKS, Chan JMM |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 06/1993 |
| Abstract: |
| 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. |
| List of Research Outputs |
| Ho L.K.S., China: Breaking New Ground for Community Foundations?, Symposium on a Global Movement in Berlin, Germany, December 2004. 22pp. |
| Ho L.K.S., The Reception of Trusts in Asia – Emerging Asian Principles?, Singapore Journal of Legal Studies. 2004, 2002: 287-304. |
| Researcher : Jackson MI |
| List of Research Outputs |
| Jackson M.I., Chapter 13: Law Enforcement in Cyberspace : the Hong Kong Approch , In: R. Broadhurst and P. Grabosky (eds.), Cybercrime : The Challenge in Asia. Hong Kong, Hong Kong University Press, 2005, 243-267. |
| Researcher : Lee ASC |
| List of Research Outputs |
| Lee A.S.C., Butterworths Hong Kong Trade Marks Handbook. Hong Kong, LexisNexis Butterworths, 2004, xxvi + 264pp. |
| Researcher : Lejot PL |
| List of Research Outputs |
| Arner D.W., Lejot P.L. and Rhee S.G., Impediments to Cross-Border Investment in Asian Bond Markets, Developing Bond Markets in APEC: Toward Greater Public-Private Sector Regional Partnership, Asian Development Bank Institute, Tokyo, Japan (21-22 Jun. 2005). 2005. |
| Lejot P.L., Arner D.W. and Liu Q., Making Markets: Reforms to Strengthen Asia's Debt Capital Markets, HKIMR Working Paper. Hong Kong, HKIMR, 2004, 13/2004: 55pp. |
| Lejot P.L., Arner D.W. and Liu Q., Making Markets: Reforms to Strengthen Asia's Debt Capital Markets, Hong Kong Institute of Monetary Research Working Paper. Hong Kong, HKIMR, 2004, 13/2004: 55. |
| Lejot P.L. and Arner D.W., Well-intentioned Asian Bond Fund Won't Work, International Financial Law Review. London, UK, Euromoney, 2004, 23-24. |
| Researcher : Lewis DJ |
| Project Title: | China and the World Trade Organization: the implementation phase - compliance and the changing Chinese legal system in the post-accession period |
| Investigator(s): | Lewis DJ, Bushehri MM, Malanczuk P. |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 10/2001 |
| Abstract: |
| To track and analyse China's implementation of its WTO obligations and commitments with respect to both systemic and specific sectoral changes. |
| Researcher : Li ASY |
| List of Research Outputs |
| Li A.S.Y. and Lui A., Search and Seizure of Journalistic Material: the Sing Tao Daily Case, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 69-90. |
| Researcher : Li Y |
| Project Title: | Patent protection for biotechnology in China |
| Investigator(s): | Li Y, Guan XY, Zhang N.G. |
| Department: | Law |
| Source(s) of Funding: | Merit Award for RGC CERG Funded Projects |
| 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): | Li Y, Guan XY, Zhang N.G. |
| Department: | Law |
| Source(s) of Funding: | Competitive Earmarked Research Grants (CERG) |
| 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., "New Development of PRC Intellectual Property Law", CPD course of Law Society of Hong Kong. 2004. |
| Li Y., "Patent protection in China", an interview published in Alex Ortolani "More companies are trying to be product innovators rather than just imitators," The Wall Street Journal, April 7, 2005. 2005. |
| Li Y., Amendment to Copyright law in Hong Kong and Its Implications, a speech at "Mission Impossible: Copyright and Trademark Protection in Asia," 2005 Asia Business conference, organized by Harvard Law School, Business School and Government School, February 18-19, 2005, Boston, USA. 2005. |
| Li Y., Balancing Interests in IPRs: A Forever Difficulty and and A New Challenge, powerpoint presentation at the 12th Annual Conference of Chinese Academy of Intellectual Property Studies in Universities and the International Symposium on New Issues of Intellectual Property in 21st Century, May 18-22, 2005, Chongqing, China. 2005. |
| Li Y., Challenges of High and New Technologies in the 21th Century to Intellectual Property Law , public lecture delivered at the Southwestern University of Political Science and Law, Chongqing, China, . 2005. |
| Li Y., Commentator at TRIPs panel of the seminar "China's Participation in the WTO: Changing China, Changing the World," 21-22 February 2005, Hong Kong. Hong Kong, 2005. |
| Li Y., Commentator at UNCTD/ICTSD Regional Dialogue: "Intellectual Property Rights, Innovation and Sustainable Development," 8-10 November 2004, Hong Kong. Hong Kong, 2004. |
| Li Y., Intellectual Property Protection for e-Business Methods, IEEE Conference on e-Commerce Technology for Dynamic e-Business (CEC '04 EAST) organized by IBM and PRC State Intellectual Property Bureau, 13 September 2004, Beijing. Beijing, 2004. |
| Li Y., Intellectual Property Protectiosn for Genomics, a powerpoint presentation at "Executive Course on Genomics and Public health Policy Western Pacific & South-East Asia", organized by HKU/University of Toronto Joint Centre for Bioethics/Mclaughlin Center for Molecular Medicine/Genome Canada, October 20-23, 2004, Hong Kong. 2004. |
| Researcher : Liu ANC |
| Project Title: | The right to reproduce and the right to found a family |
| Investigator(s): | Liu ANC |
| Department: | Law |
| Source(s) of Funding: | University Research Committee / Committee on Research and Conference Grants - General Award |
| 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., Advance Directives, a paper presented at The Hong Kong Law Reform Commission. 2004, 10pp. |
| Liu A.N.C., Legal Recognition of Advance Refusal Needed, Hong Kong Medicial Journal . Hong Kong, HK Academy of Medicine and the HK Medical Association, 2005, 11(2): 133-134. |
| Liu A.N.C., Response to Hong Kong Law Reform Commission Consultation Paper on decision-making and advance directives in relation to Medical Treatment, 2004, 34pp. |
| Researcher : Lo PY |
| List of Research Outputs |
| Lo P.Y., The "Missing" Link, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 39-44. |
| Researcher : Loper KA |
| List of Research Outputs |
| Loper K.A., A Secession Offence in Hong Kong and the "One Country, Two Systems" Dilemma, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 189-216. |
| Mushkat R. and Loper K.A., Refugee Protection in the Asia-Pacific Region: Refugee Law & Practice in Hong Kong . UNHCR, 2005, 64pp. |
| Researcher : Low FK |
| List of Research Outputs |
| Low F.K., Book Review: "Choice of Law for Equitable Doctrines", Singapore Year Book of International Law. 2004, 2004: 285-288. |
| Low F.K., Book Review: "The Hague Trusts Convention: Scope, Application and Preliminary Issues", Singapore Year Book of International Law. 2004, 288-293. |
| Low F.K., Book Reviews: "Lewin on Trusts (17th ed) & Underhill & Hayton: Law Relating to Trusts and Trustees (16th ed)" , Singapore Journal of Legal Studies. 2004, 2004: 260-264. |
| Low F.K., Choice of Law in Formation of Contracts, Journal of Contract Law. 2004, 2004: 167-192. |
| Low F.K. and Tan S.Y., Equity and Trusts, Singapore Academy of Law Annual Review of Singapore Cases. 2004, 4/2003: 225-242. |
| 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): | Maurushat A, Clavier J.P. |
| Department: | Law |
| Source(s) of Funding: | France/Hong Kong Joint Research Scheme - Travel Grants |
| Start Date: | 01/2004 |
| Completion Date: | 12/2004 |
| 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. |
| Researcher : Morris RJ |
| List of Research Outputs |
| Morris R.J., The "Replacement" Chief Executive's Two-Year Term: A Pure and Unambiguous Common Law Analysis, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 17-28. |
| Researcher : Mushkat R |
| Project Title: | The external relations of the HKSAR |
| Investigator(s): | Mushkat R |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| With respect to the "external relations" dimension of the one country two systems formula. The focus is on the wide powers formally granted to the HKSAR to manage its links with other parties in the global arena and the extent to which these powers have been used, and to what effect. |
| List of Research Outputs |
| Mushkat M. and Mushkat R., The Political Economy of the Constitutional Conflict in Hong Kong, Tilburg Foreign Law Review. The Netherlands, 2004, 11, No 4: 756-781. |
| Mushkat R. and Mushkat M., International Law and Game Theory: A Marriage of Convenience or Strange Bedfellows?, New Zealand Yearbook of International Law. 2005, 2: 101-126. |
| Mushkat R. and Loper K.A., Refugee Protection in the Asia-Pacific Region: Refugee Law & Practice in Hong Kong . UNHCR, 2005, 64pp. |
| Mushkat R. and Mushkat M., The Political Economy of Constitutional Reform in an Externally-Constrained Environment: China's Shadow Over Hong Kong and Strategies to Minimize it, Journal of Malaysian and Comparative Law. 2005, 30: 15-36. |
| Mushkat R. and Mushkat M., The Political Economy of International Legal Compliance: Pre-1997 Predictions and Post-1997 Realities in Hong Kong, U.C. Davis Journal of International Law & Policy. 2004, 10: 501-518. |
| Mushkat R. and Mushkat M., The Political Economy of Non-Majoritarian Institutions: Constitutional Implications for Hong Kong, Journal of East Asian Affairs. 2005, 20: 143-164. |
| Mushkat R. and Mushkat M., The Political Economy of Recasting the Constitutional Debate in Hong Kong, International Journal of Applied Philosophy. 2005, 19:1: 63-72. |
| Mushkat R., The Principle of Public Participation: A Selective Asia-Pacific Perspective, In: N. Schrijver and F. Weiss (eds.), International Law and Sustainable Development: Principles and Practice. Leiden, Netherlands, Mrtinus Nijhoff Publishers, 2004, 607-630. |
| Researcher : Petersen CJ |
| Project Title: | Trafficking of women into Hong Kong |
| Investigator(s): | Petersen CJ, Laidler KA, Emerton RG |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| 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 |
| Fu H., Petersen C.J. and Young S.N.M., National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 534pp. |
| Petersen C.J., "Conciliating Rights: A Study of Hong Kong's Enforcement Model for Equality Rights", paper presentated at the Socio-Legal Studies Association Annual Conference 2005, University of Liverpool, UK, 1 April 2005. |
| Petersen C.J., "Political Empowerment of Women and Review of the Implementation of the Beijing Platform for Action: The Hong Kong Experience", paper presented at the Panel Discussion hosted by the Korean Institute for Women and Politics in conjunction with the 49th Session of the UN Commission on the Status of Women, New York City, 2 March 2005. |
| Petersen C.J., Book Review of "Re-Imagining Justice: Progressive Interpretations of Formal Equality, Rights, and the Rule of Law" by Robin L. West, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 667-672. |
| Petersen C.J., Hong Kong's Spring of Discontent: the Rise and Fall of the National Security Bill in 2003, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 13-62. |
| Petersen C.J., Introduction, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 1-10. |
| Petersen C.J., Racial Equality and the Law: Creating an Effective Statute and Enforcement Model for Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Mawell Asia, 2005, 34(3): 459-480. |
| Researcher : Rwezaura BA |
| List of Research Outputs |
| Rwezaura B.A., To Be or Not To Be: Recognition of Same-sex Partnerships in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 557-580. |
| Researcher : Smart PSJ |
| Project Title: | Hong Kong Professionals and insolvency: an analysis of the attitude of professional governing bodies to the insolvency of their members |
| Investigator(s): | Smart PSJ |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| To collect and analyse the rules and practices from various professions, such as lawyers, doctors, architects, surveyors and financial advisers, as well as members of the disciplined services and other Government employees. "Best practices" will be identified. |
| List of Research Outputs |
| Booth C.D., Smart P.S.J. and Briscoe S., Insolvency Case Study: Hong Kong, World Bank project data incorporated into Doing Business in 2006: Understanding Regulation, WDC, USA, World Bank Website, April. 2005, 6pp. |
| Smart P.S.J., Conflict of Laws, Hong Kong Trustees Association. 2004. |
| Smart P.S.J. and Booth C.D., Cross-border Insolvency and the Discharge of Debts, Insolvency Law and Practice. London, UK, Lexis/Nexis, 2004, 20: 147-150. |
| Smart P.S.J., Enforcement of Mainland Judgments in Hong Kong, Law Lectures for Practitioners. 2005. |
| Smart P.S.J., Fixed or Floating: Siebe Gorman Post Brumart, Company Lawyer. London, UK, Sweet & Maxwell, 2004, 25: 331-336. |
| Smart P.S.J., Recognition of Japanese Re-organization Proceedings, International Corporate Rescue. London, UK, Kluwer Law, 2004, 1: 185-188. |
| Smart P.S.J., Spectrum Plus - The Irrelevance of Banking Law, Insolvency Intelligence. 2004, 17: 118-199. |
| Smart P.S.J., “Enforcing Foreign Judgments”, In: Booth, C N , Chapter 13, Enforcing Judgments in Hong Kong. Singapore, (Lexis-Nexis, Butterworths Asia,, 2004, 255-282. |
| 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): | Sunga LS |
| Department: | Law |
| Source(s) of Funding: | Research Initiation Programme |
| Start Date: | 03/2002 |
| Abstract: |
| To study the impact on inevitable interplay between international human rights and international criminal law and implementation. |
| Researcher : Tai BYT |
| Project Title: | LawOf: a legal community |
| Investigator(s): | Tai BYT |
| Department: | Law |
| Source(s) of Funding: | The University of Hong Kong Foundation Seed Grant |
| Start Date: | 04/2002 |
| Abstract: |
| To study LawOf: a legal community. |
| Project Title: | Web-based learning tools for law |
| Investigator(s): | Tai BYT |
| Department: | Law |
| Source(s) of Funding: | Leung Kau Kui Research and Teaching Endowment Fund - Teaching Grants |
| 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., A Tale of the Unexpected: Tung's Resignation and the Ensuing Constitutional Controversy, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 7-16. |
| Researcher : Woodman KS |
| List of Research Outputs |
| Woodman K.S., Human Rights as "Foreign Affairs": China's Reporting Under Human Rights Treaties, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(1): 179-204. |
| Researcher : Xue H |
| Project Title: | Dispute Resolution for E-commerce—Developments in China |
| Investigator(s): | Xue H |
| Department: | Law |
| Source(s) of Funding: | Seed Funding Programme for Basic Research |
| Start Date: | 01/2005 |
| Abstract: |
| China has now the second largest Internet population in the world, just behind the United States. The development of information and communication technology (ICT) and the growth of Internet population are facilitating the swift development of e-commerce in China. Given its massive size and potential, the evolution of e-commerce in China will be determinant for the Asia-Pacific Region’s and, in the medium term, for the global e-commerce volumes. With the explosion of online activities and transactions comes the increase of online conflicts and disputes. Unfortunately, both the Chinese dispute resolution mechanism and enterprises have not been fully prepared for resolving the disputes arising from e-commerce. The unique nature of e-commerce disputes has made Chinese courts and alternative dispute resolution mechanism (arbitration, mediation, etc.) difficult to handle the said cases. Also, Chinese e-commerce enterprises generally have no strategic plan for dispute resolution. The lack of appropriate channels and methods of dispute resolution has become the obstacle for the sustainable development of e-commerce and establishment of consumer confidence in China.This project will do the pioneer research on the feasibility of reform of the present dispute solution mechanism and establishment of new online mechanism in response to the demand of e-commerce in China. The project will cover both the judicial system that is equipping itself with information technology and the alternative dispute resolution systems that are keenly tailoring to the online environment. The Intellectual Property Chamber of the China Supreme People’s Court has just launched an “e-court” scheme, and the China International Economic and Trade Arbitration Center is now drafting a set of online arbitration rules. The research project will be closely related to these new efforts, instantly exchanging information with the reformers, critically assessing these reforms and eventually facilitate the development of dispute resolution for e-commerce in China. Considering that Hong Kong has the very close economic connection with the Mainland, the project may also facilitate the resolution of the cross-border e-commerce disputes between the Mainland and Hong Kong. |
| List of Research Outputs |
| Xue H., "Chinese E-Commerce Legislation” and “Dispute Resolution for E-Commerce—Case of China”, United Nation Economic and Social Committee for Asia and Pacific (UNESCAP), Bangkok, July 2004. |
| Xue H., Between Hammer and Block—Chinese Intellectual Property on the Internet, University of Ottawa Symposium “Intellectual Property on the Internet: A Global Dialogue”, Ottawa, October 2004. |
| Xue H., Book Review of "Pirates in the Middle Kingdom: The Art of Trademark War" by Loke-Khoon Tan, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 34(3): 675-678. |
| Xue H., Human Genetic Resources, Biopiarcy and China's Response, Journal of International Biotechnology Law. 2004, 1(5): 214-220. |
| Xue H., One of Ten National Young Outstanding Jurist elected by China Law Society, 中国法学会全国十大杰出青年法学家, Beijing, 2005. |
| Xue H., Online Dispute Resolution for E-commerce in China: Present Practices and Future Dvelopments, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2004, 34(2): 377-399. |
| Xue H., The Voice of China: A Story of Chinese Character Domain Names, Journal of International Comparative Law. New York, USA, Cardozo Journal of International Comparative Law, 2004, 12: 559-592. |
| Xue H., “Domain Name Disputes In Hong Kong” In Domain Name Law And Practice: An International Handbook, In: Dr Torsten Bettinger, Tony Willoughby And Sally Abel, Oxford, Oxford University Press, 2005, 391-408pp. |
| Researcher : Young SNM |
| Project Title: | Human rights standards in Hong Kong's criminal investigation process: defining rights and remedies |
| Investigator(s): | Young SNM |
| Department: | Law |
| Source(s) of Funding: | Research Initiation Programme |
| Start Date: | 05/2002 |
| Completion Date: | 04/2005 |
| 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. |
| Project Title: | Public law and public policy strategic research area: constitutional law research theme: Constitutional Law Project |
| Investigator(s): | Young SNM, Chan JMM, Chen AHY, Ghai YP, Harris LM |
| Department: | Law |
| Source(s) of Funding: | Seed Funding for Strategic Research Theme |
| Start Date: | 05/2005 |
| Abstract: |
| This project will lay a foundation that will support collaborative consitutional law research, scholarship, and debate in HK over the next three to five years. For the period of this project, we will concentrate on consitutional development within HK, placing them within the context of greater China and the region. We will strengthen our links with Mainland universities and scholars, as well as those in Macao and Taiwan. We will also work within a broader regional comparative perspective, linking it to developments in Indai, Indonesia, Sri Lanka, etc. where autonomy is a key element in political and constitutional reform. |
| List of Research Outputs |
| Fu H., Petersen C.J. and Young S.N.M., National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 534pp. |
| Young S.N.M., "Anomalies of the functional constituencies in Hong Kong", Hong Kong Human Rights Monitor Newsletter. Hong Kong, 2004, 1. |
| Young S.N.M., "Chapter 11 The Hearsay Rule", Archbold Hong Kong 2005. Hong Kong, Sweet & Maxwell Asia, 2005, 759-772. |
| Young S.N.M., "Chapter 19 Human Rights", Archbold Hong Kong 2005. Hong Kong, Sweet & Maxwell Asia, 2005, 967-1027. |
| Young S.N.M., "Knock, Knock, Who's There?" - Entry and Search Powers for Article 23 Offence, In: H.L. Fu, C.J. Petersen & S.N.M. Young (eds.), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny. Hong Kong, Hong Kong University Press, 2005, 363-398. |
| Young S.N.M., "The dysfunctional constituencies", South China Morning Post. Hong Kong, 2004, 1. |
| Young S.N.M., "Time to resume Article 23 debate", South China Morning Post. Hong Kong, 2004, 1. |
| Young S.N.M., Can Functional Constituencies Co-exist with Universal Suffrage?, Centre for Comparative and Public Law Occasional Paper Series. Hong Kong, 2005, No. 14: 7pp. |
| Young S.N.M., Hong Kong Evidence Casebook. Hong Kong, Sweet & Maxwell Asia, 2004, 930pp. |
| Young S.N.M., Hong Kong's Functional Constituencies: Legislators and Elections, Functional Constituency Research Project 2004, a research project commissioned by Civic Exchange. Hong Kong, Civic Exchange, 2005, 103. |
| Young S.N.M., The Essential Statutes On Hong Kong Criminal Law And Procedure 2005. Hong Kong, LexisNexis Butterworths, 2004, 688. |
| Young S.N.M., Written and oral submissions on the Task Force's Fourth Report, for the HKSAR's Task Force on Constitutional Development. 2005. |
| Young S.N.M., Written and oral submissions on the Task Force's Third Report, for the HKSAR's Task Force on Constitutional Development. 2004. |
| Young S.N.M., Written comments on proposed changes to the Costs in Criminal Cases Ordinance (Cap 492), for the Department of Justice, Government of the HKSAR. 2004, 2. |
| Researcher : Yu G |
| Project Title: | Implications of comparative corporate governance studies to China's capital market |
| Investigator(s): | Yu G |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| 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): | Yu G |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2003 |
| Completion Date: | 08/2005 |
| 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. |
| Project Title: | Chaos and path dependence: the takeover of listed companies in China |
| Investigator(s): | Yu G |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| To examine the effects of takeovers upon the managers and directors in listed State-owned companies in China. |
| List of Research Outputs |
| Yu G., "Regulatory Reform of Telecommunications Abroad and Implications for China", Dangdai Faxue. China, The Law Journal of Jilin University, 2005, 19(4): 135-142 (in Chinese). |
| Yu G., "Takeovers in China: The Case Against Uniformity in Corporate Governance", a paper presented at the Social Science Studies of Law Conference jointly organized by the China Academy of Social Sciences and the Beijing University School of Law, Beijing, 28-29 May 2005. Beijing. |
| Yu G., "The Regulation of Executive Compensation: An Agency Perspective", a lecture presented at the Renming University School of Law on October 9, 2004. China, 2004. |
| Yu G., "Using Western Law to Improve China's SOEs: of Takeover and Securities Fraud", a paper delivered at the Asian Law and Economics Conference organized by the Seoul National University, 24 June 2005. |
| Yu G., "Using Western Law to Improve China's SOEs: of Takeover and Securities Fraud", a paper delivered at the Law and Economics Conference organized by the Institutum Jurisprudentiae, Academia sinica of Taiwan, 15-16 April 2005. |
| Yu G., Chaos Theory and Path Dependence: The Takeover of Listed Companies in China, Banking and Finance Law Review. Toronto, Canada, Carswell, 2005, 20(2): 217-240. |
| Yu G., Takeovers in China: The Case Against Uniformity in Corporate Governance, Common Law World Review. Isle of Man, UK, Vathek Publishing Ltd, 2005, 34(2): 169-198. |
| Yu G., The Regulation of Executive Compensation: An Agency Perspective, Xiandai Faxue (The Law Journal of the Southwestern University of Political Science and Law). Chongqing, China, Southwestern University of Political Science and Law, 2005, 2 (2005): 181-187 (in Chinese. |
| Yu G., Using Western Law to Improve China's State-owned Enterprises: Of Takeovers and Securities Fraud, Valparaiso University Law Review. USA, Valparaiso University, 2005, 39(2): 339-376. |
| Researcher : Yu GH |
| Project Title: | Implications of comparative corporate governance studies to China's capital market |
| Investigator(s): | Yu G |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| 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): | Yu G |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2003 |
| Completion Date: | 08/2005 |
| 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. |
| Project Title: | Chaos and path dependence: the takeover of listed companies in China |
| Investigator(s): | Yu G |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| To examine the effects of takeovers upon the managers and directors in listed State-owned companies in China. |
| Researcher : Zhang XC |
| Project Title: | Corporate governance in China: the new century's challenge |
| Investigator(s): | Zhang XC |
| Department: | Law |
| Source(s) of Funding: | Low Budget High Impact Programme |
| Start Date: | 11/2001 |
| Completion Date: | 12/2004 |
| 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. |
| Project Title: | Reform of company law and bankrupty law in China and its implication for Hong Kong |
| Investigator(s): | Zhang XC |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2004 |
| Abstract: |
| To focus on reorientation of the legal ideology ,governance structure, enforcement of laws and cross-border impacts of the legal reform. |
| List of Research Outputs |
| Zhang X.C., A Study on Jurisdictional Conflicts on Civil and Commercial Cases between Mainland China and Hong Kong, National Judges College Journal. Beijing, China, 2004, Issue 9: 9pp. |
| Zhang X.C., China, Directors in the Twilight Zone II. London, UK, INSOL International, 2005, 153-173. |
| Zhang X.C., Commercial Law Reform in China and Its Implications, The Challenge of Law in Asia: from Globalization to Regionalization? (Conference paper collection). Thailand, Faculty of Law, Chulalongkorn University, 2005, 367-371. |
| Zhang X.C., Current Company Law Reform in Hong Kong (in Chinese), The 6th Annual Conference of PekingU-HKU Legal Research Centre organized by the PekingU-HKU Legal Research Centre in Beijing. Beijing, China, 2004, 10pp. |
| Zhang X.C., Dispute Resolution System in China and Its Concerns, The Conference on Exploring New Ideas in Dispute Resolution: International Trade, Huamn Rights and Selective Adaptation of Legal Cultures organized by the University of British Columbia. Vancouver, Canada, 2004, 6pp. |
| Zhang X.C., Fiduciary Duty of the Controlling Shareholder in Mergers and Acquisition: Theories and Practice on a Comparative Study, Company Law Review. Shanghai, China, Shanghai People's Publishing House, 2005, Vol. 2004: 232-256 (in Chihese). |
| Zhang X.C., New Development of ADR in European Union (in Chinese), International Commercial Dispute Resolution Review. Haerbin, China, Haerbin Industrial University Press, 2004, Vol. 1, 2004: 157-170. |
| Zhang X.C. and Zhang X.C., Non-performing Loans in China: Dimensions and Future Concerns, Forum on Asia Insolvency Reform: Insolvency Systems and Risk Management in Asia in New Delhi organized by OECD, Asian Development Bank and the World Bank. New Delhi, India, 2004. |
| Zhang X.C., Statutory Duties and Obligations of the Controlling Shareholder and the De Facto Controller (bi-lingual), International Conference on the Amendment of Company Law (Conference paper collection). Shanghai, China, China Securities Regulatory Commission, 2004, 24pp. |
| Zhang X.C., The Latest Amendments to the Hong Kong Companies Ordinance and Its Development Trend, The 2004 International Symposium on Company Law in Transformation at Tsinghua University School of Law on September 25-26, 2004. Beijing, China, 10pp. |
| Zhang X.C., Theoretical and Practical Development of "Public Policy" in Enforcing of Foreign Arbitration Awards (in Chinese), The Conference on Judicial Review of Foreign Arbitral Awards organized by the 4th Division of the Supreme People's Court and Southern Division of CIETAC. Shenzhen, China, 2004, 20pp. |