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): | Booth CD, Smart PSJ, Zhang XC, Wang W.G. |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Competitive Earmarked Research Grants (CERG) |
| 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., "Corporate Rescue in Asia: Developing Effective Insolvency infrastructures" , Symposium on Risk Management, Informatics Holdings Ltd & Professional Risk Management International Association, Hong Kong, Apr. 1. 2005. |
| Booth C.D., "Developing an Advanced Professional Training Course for Insolvency Professionals", Insolvency Teaching & Research Workshop, University of Southern Queensland, Brisbane, Australia, Mar. 17. 2005. |
| Booth C.D., "Drafting Bankruptcy Laws in Socialist Market Economies: Recent Developments in China, Vietnam", Columbia Journal of Asian Law. 2005, 18(1): 93-147. |
| Booth C.D., "Hong Kong Consumer Insolvency Law Reform: The Increasing Use of Payment Plans" , Reform on Israeli Bankruptcy and Execution of Judgment Laws, Personal Bankruptcy in the 21 Century: Emerging Trends and New Challenges, The Cegla Center for Interdisciplinary Research of the Law, Tel Aviv, June 6. 2005. |
| Booth C.D., "Latest Developments in PRC Bankruptcy Law" , Panelist, Corporate Insolvency Panel, and Commentator. The 8th Beijing-Hong Kong Economic Co-operation Symposium - Seminar on Corporate Restructuring & Liquidation, Beijing-Hong Kong Corporate Restructuring & Liquidation Joint Working Group and HKSA Insolvency Interest Group, Hong Kong, Sept. 3. 2004. |
| Booth C.D., "One Country, Two Systems: Recent Developments in Cross Border Insolvency in Hong Kong and the People's Republic of China" , Co-speaker with Stephen Briscoe, Academics Meeting, INSOL Sydney 2004, Sydney, Australia, Mar. 12. 2005. |
| Booth C.D., "Security, Insolvency & Property Rights" , Property Rights and Financial Development Panel, Law, Culture and Financial Sector Development: A Colloquium of the London Forum for International Economic Law and Development, Shanghai University of Finance and Economics, Shanghai, China, May 14. 2005. |
| Booth C.D., "The Policies Underlying the October 2004 Draft of the Proposed Chinese Bankruptcy Law" , The Draft Bankruptcy Law and Corporate Restructuring in the PRC, Hong Kong, June 28, 2005. Thomson-Sweet & Maxwell Asia. |
| Booth C.D., "Trends and Developments in Insolvency Systems and Risk Management: The Experience of Hong Kong" , Co-author with Robert McBain & presenter, 4th Forum on Asian Insolvency Law (FAIR), OECD, World Bank, and ADB, New Delhi, India, November 4-5. 2004. |
| Booth C.D. and Chiu W., Co-author with Wendy Chiu, " A Comparison of the Draft Bankruptcy Laws of the People's Republic of China and Vietnam" , Insolvency Risk Management: Standards and Strategies for the Next Decade.. World Bank, 2005, est.10pp. |
| 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. |
| Booth C.D., Lecture, "Corporate Rescue in Asia: Developing Effective Insolvency Infrastructures in the Aftermath of the Asian Financial Crisis," The Ross Parsons Centre of Commercial, Corporate and Taxation Law, School of Law, University of Sydney, Sydney, Australia, Mar.10. 2005. |
| Booth C.D., Lecture, "Corporate Rescue in Asia: Developing Effective Insolvency Infrastructures," Arison School of Business, IDC Herzliya, Herzliya, Israel, June 9, 2005. 2005. |
| Booth C.D., Lecture,"Corporate Rescue in Asia: Developing Effective Insolvency Infrastructures," Shanghai University of Finance and Economics, Shanghai, China, May 16, 2005 & Jiao Tong University, Shanghai, China, May 18, 2005. 2005. |
| Booth C.D., Member, Editorial Board, International Insolvency Review (Jan. 2005-present). 2005. |
| 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. |
| Researcher : Booth CN |
| List of Research Outputs |
| Booth C.N., Enforcing Judgments in Hong Kong. Singapore, LexisNexis, 2004, 305pp. |
| Researcher : Chan AYL |
| List of Research Outputs |
| Chan A.Y.L. and Young J.Y.K., Law Lectures for Practitioners 2004. Hong Kong, Sweet & Maxwell Asia, 2004, 156pp. |
| Researcher : Chan FWH |
| Project Title: | Multipliers for personal injury litigation in Hong Kong |
| Investigator(s): | Chan FWH, Chan WS |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Competitive Earmarked Research Grants (CERG) |
| Start Date: | 09/2001 |
| Completion Date: | 09/2004 |
| 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): | Chan FWH, Ng J.J.M., Tai S.K., Li K.X.G. |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Incentive Award for RGC CERG Fundable But Not Funded Projects |
| 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., A new era for e-commerce: exploring China's Electronic Signature Law 2005, Hong Kong Lawyer. Hong Kong, Butterworths, 2005, 2005(2): 40-48. |
| Chan F.W.H., China's Electronic Signature Act 2005: a great leap forward or backward?, Computer and Telecommunications Law Review. UK, Sweet & Maxwell, 2005, 11(2): 47-50. |
| Chan F.W.H., Contracts of Carriage and Bills of Lading, Santa Clara University Summer International Law Programme (16 June 2005, Hong Kong). Hong Kong, 2005. |
| Chan F.W.H., Current Issues in Transport Law and Logistics Management: Part II, Seminars organised by the Centre of Urban Planning and Environmental Management (CUPEM) (29 April 2005, Hong Kong). Hong Kong, 2005. |
| Chan F.W.H., Current Issues in Transport Law and Logistics Management: Part I, Seminars organised by the Centre of Urban Planning and Environmental Management (CUPEM) (1 April 2005, Hong Kong). Hong Kong, 2005. |
| Chan F.W.H., E-commerce and WTO, WTO Regional Trade Policy Course (13 August 2004, Hong Kong). Hong Kong, 2004. |
| Chan F.W.H., E-shipping and Logistics, Santa Clara University Summer International Law Programme (16 June 2005, Hong Kong). Hong Kong, 2005. |
| Chan F.W.H. and Chan W.S., How well do judges understand money? The reform of personal injury compensation in Hong Kong, Tort Law Review. U.K., Sweet & Maxwell (U.K.), 2004, (2004) Vol.12: 176-181. |
| Chan F.W.H., Marine Insurance and Subrogation, Subrogation Training for PICC/AIG (10 June 2005, Hong Kong). Hong Kong, 2005. |
| Chan F.W.H. and Chan W.S., The Actuarial Perspectives of Personal Injury Compensation in Hong Kong , Seminar organised by The Law Society of Hong Kong, in association with the Actuarial Society of Hong Kong (20 October 2004, Hong Kong). Hong Kong, 2004. |
| Chan F.W.H., The Law Society of Hong Kong, Examiner, Overseas Lawyers Qualification Examination. Hong Kong, 2005. |
| Chan F.W.H., The South China Institute of Supply Chain Management, Vice-Chairman (Legal Affairs). Hong Kong, 2005. |
| Chan F.W.H., Towards greater certainty for e-logistics in China, The 9th Conference of Hong Kong Society for Transportation Studies (HKSTS) (11 December 2004, Hong Kong). Hong Kong, 2004. |
| Chan W.S. and Chan F.W.H., The Paradigm Shift in Personal Injury Litigation in Hong Kong - 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 N., Chan W.S. and Chan F.W.H., PIOS - Personal Injuries Online Service. Hong Kong, Sweet & Maxwell Asia, 2005. |
| Sarony N., Chan W.S. and Chan F.W.H., Personal Injury Tables Hong Kong 2005, Tables for the Calculation of Damages. Hong Kong, Sweet & Maxwell, Asia, 2005, 255pp. |
| Researcher : Cheung ETM |
| List of Research Outputs |
| Cheung E.T.M., Decision of the Buildings Appeal Tribunal in Case No. 169-2003, July. 2004. |
| Cheung E.T.M., Decision of the Buildings Appeal Tribunal in Case No.77-2003, 12 October. 2004. |
| Cheung E.T.M., Decision of the Buildings appeal Tribunal in Case No.121-2003 and No.122-2003, 9 August. 2004. |
| Cheung E.T.M., Determination on Costs of the Buildings Appeal Tribunal in Case No.121-2003 and No.122-2003, 18 November. 2004. |
| Cheung E.T.M., Donald Tsang Takes Away The Secret Voting Rights Of The Election Committee Members , 曾蔭權剝奪選委「無記名投票」權利 , Ming Pao Forum of the Ming Pao Newspapers. 明報論壇, Hong Kong, Ming Pao Newspapers, 2005. |
| Cheung E.T.M., The Dispute On The CE Term -- The Chinese Style Of Rule Of Law, 任期爭議 富「中國特色」的法治, Ming Pao Forum of the Ming Pao Newspapers. 明報論壇, Ming Pao Newspapers, 2005. |
| Cheung E.T.M., The Dispute On The CE Term -- The Logical Flaws Of The Views Of Professor Wang, 任期爭議 王振民的法理邏輯謬誤, Ming Pao Forum of the Ming Pao Newspapers. 明報論壇, Ming Pao Newspapers, 2005. |
| Cheung E.T.M., The Dispute On The CE Term Must Not Sacrifice The Foundation Of The Rule Of Law, 任期爭議 豈能因政治權宜犧牲法治基石, Ming Pao Forum of the Ming Pao Newspapers. 明報論壇, Hong Kong, Ming Pao Newspapers, 2005. |
| Cheung E.T.M., The Law of Maintenance and Champerty, The Office of the Honourable Miss Margaret Ng, Legislative Councillor for the Legal Functional Constituency. 2005. |
| Cheung E.T.M., The Modern Application of the Medieval Law of Maintenance and Champerty, Law Lectures for Practitioners. 2005. |
| Cheung E.T.M., The Papers Of The Basic Law Drafting Committee Show The Legislative Intent That The New Chief Executive Should Have A Full 5-year Term, 草委會文件證「立法原意」非2年, Ming Pao Forum of the Ming Pao Newspapers. 明報論壇, Hong Kong, Ming Pao Newspapers, 2005. |
| Cheung E.T.M., The Three Major Errors Committed By The Hong Kong Government In The Link-Reit Issue, 領匯事件 港府三大錯誤, Ming Pao Forum of the Ming Pao Newspaper. 明報論壇, Hong Kong, Ming Pao, 2004. |
| Researcher : Chow WS |
| List of Research Outputs |
| Chow W.S., "Taxation and Revenue" (reissue), Halsbury's Laws of Hong Kong. LexisNexis Butterworths, 2005, 24: 465pp. |
| Chow W.S. and Wu R.W.S., `Contemporary Legal Education and Training in Hong Kong', Contemporary Legal Education and Training. Beijing, China, China University of Politics and Law Press, 2005, Vol.1: 359 - 376. |
| Halkyard A.J. and Chow W.S., "The Death of Estate Duty? The Case for Retention and Reform", Asia Pacific Journal of Taxation. Hong Kong, The Taxation Institute of HK & the HK Polytechinc University, 2004, 8(3): 48-62. |
| Halkyard A.J., Chow W.S. and VanderWolk J.P., Hong Kong Tax Law: Cases and Materials (4th ed). Singapore, Lexis Nexis Butterworths, 2004, i-xxxv; 1-460. |
| Researcher : Halkyard AJ |
| List of Research Outputs |
| Halkyard A.J., "2004 Asia-Pacific Tax Update", Asia-Pacific Tax Conference. Singapore, 2004. |
| Halkyard A.J., "Common Law and Tax Avoidance: Back to the Future", Revenue Law Journal. 2004, 14: 19-31. |
| Halkyard A.J., "Financial Products and Structured Equities" , Asia-Pacific Tax Conference. Singapore, 2004. |
| Halkyard A.J., "Forum of the Revenue (Abolition of Estate Duty) Bill 2005" , Continuing Legal Education Seminar approved by the Law Society of Hong Kong. Hong Kong, 2005. |
| Halkyard A.J. and Chow W.S., "The Death of Estate Duty? The Case for Retention and Reform", Asia Pacific Journal of Taxation. Hong Kong, The Taxation Institute of HK & the HK Polytechinc University, 2004, 8(3): 48-62. |
| Halkyard A.J., "The Future of Hong Kong Estate Duty and the Impact of Anti-Avoidance Rules", Securities and Exchange Commission. Hong Kong, 2004. |
| Halkyard A.J. and Olesnicky , Current Controversies in Hong Kong Taxation, Law Lectures for Practitioners 2004. Hong Kong, Sweet & Maxwell Asia, 2004, 93 - 115. |
| Halkyard A.J., Encyclopaedia of Hong Kong Taxation: Estate Duty (Issue 11 to Volume 2). Singapore, LexisNexis Butterworths, 2004, 10pp. |
| Halkyard A.J. and Leung S., Encyclopaedia of Hong Kong Taxation: Income Tax (Issue 11 to Volume 3 and 4). Singapore, LexisNexis Butterworths, 2004, 70pp. |
| Halkyard A.J. and Leung S., Encyclopaedia of Hong Kong Taxation: Income Tax (Issue 12 to Volume 3 and 4). Singapore, LexisNexis Butterworths, 2005, 80pp. |
| Halkyard A.J., Encyclopaedia of Hong Kong Taxation: Stamp Duty (Issue 11 to Volume 1). Singapore, LexisNexis Butterworths, 2004, 15pp. |
| Halkyard A.J., Chow W.S. and VanderWolk J.P., Hong Kong Tax Law: Cases and Materials (4th ed). Singapore, Lexis Nexis Butterworths, 2004, i-xxxv; 1-460. |
| Halkyard A.J., Partnership Handbook, (Annotations for Inland Revenue Ordinance (Cap 112)). Hong Kong, LexisNexis Butterworths, 2004, 1-12. |
| 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 Dependents) Ordinance, Law Lectures for Practitioners 2004. Hong Kong, Sweet & Maxwell Asia, 2004, 131 - 156. |
| Sherrin C.H., The Challenge Of Skills Based Legal Practice Courses : The Hong Kong Experience, Association Of Law Teachers Conference. 2005. |
| Sherrin C.H., the draft8ng of wills : with particular emphasis on the drafting of testamentary provision for children, Lexis Nexis Butterworths. 2005. |
| Researcher : Whitfort AS |
| List of Research Outputs |
| Whitfort A.S., Invited expert commentary at HKU, Department of Justice Conference on sentencing procedure in Hong Kong, Sentencing Practices in Greater China. Hong Kong University, 2005. |
| Whitfort A.S. and Dudgeon D., Muddying the Waters? The Water Pollution Control Ordinance and Defining Pollution of Rivers and Streams in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell, 2005, Part 3, Vol 34(2004): 481-494. |
| Whitfort A.S., Similar Fact Evidence, Its Uses and Limitations, Law Lectures for Practitioners 2004. Hong Kong, Sweet & Maxwell Asia, 2004, None: 35-46. |
| Researcher : Wilkinson RM |
| Project Title: | Civic procedure textbook for students |
| Investigator(s): | Wilkinson RM, Burton JR, Cheung ETM |
| Department: | Professional Legal Education |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 06/2000 |
| Abstract: |
| To write a textbook for students on civil procedure. |
| List of Research Outputs |
| Wilkinson R.M., Conveyancing Law and Practice Vols I and IA Update No 34, Lexis Nexis 138pp, 2004. |
| Wilkinson R.M., Halsbury's Laws of Hong Kong Civil Procedure Vols 5(1) and 5(2), Update No 29, Lexis Nexis June 2005, pp 87, 2005. |
| Wilkinson R.M., Halsbury's Laws of Hong Kong, Vols 5(1) and 5(2), Update No 28, Lexis Nexis, December 2004, pp 95, 2004. |
| Wilkinson R.M., Hong Kong Conveyancing Cases and Materials Vols 2A, B, C, D , E; update No 33, Lexis Nexis October 2004, 230 pp, 2004. |
| Wilkinson R.M., Hong Kong Conveyancing Cases and Materials Vols 2A, B, C, D ,E Update No 34, March 2005, 245 pp, 2005. |
| Wilkinson R.M., Hong Kong Conveyancing Law and Practice Vols I and IA, Lexis Nexis February 2005, 225 pp, 2005. |
| Researcher : Wu RWS |
| List of Research Outputs |
| Chow W.S. and Wu R.W.S., `Contemporary Legal Education and Training in Hong Kong', Contemporary Legal Education and Training. Beijing, China, China University of Politics and Law Press, 2005, Vol.1: 359 - 376. |
| Wu R.W.S., "Law and Policy for the Commercialization of Chinese State Owned Banks", The Australian Journal of Asian Law. 2004, 6, Issue 2: 107-130. |
| Wu R.W.S., "Reform of Professional Legal Education at the University of Hong Kong", Legal Education Review. Hong Kong, 2004, 14, Issue 2: 153-180. |
| Wu R.W.S., Reform of Professional Legal Education at the University of Hong Kong, Annual Conference of Australian Association of Asian Studies, Canberra, Australia. 2004. |
| Researcher : Young JYK |
| List of Research Outputs |
| Chan A.Y.L. and Young J.Y.K., Law Lectures for Practitioners 2004. Hong Kong, Sweet & Maxwell Asia, 2004, 156pp. |
| Young J.Y.K., "Charge Over Book Debts - The Question of Control", Hong Kong Law Journal, Part 2 (2004). Hong Kong, Sweet & Maxwell Asia, 2004, 34: 227 - 243. |
| Young J.Y.K., "Charge Over Book Debts: Siebe Gorman Revisited", International Company and Commercial Law Review. London, UK, Sweet & Maxwell, 2004, 15 (Issue 11) 2004: 327 - 333. |
| Young J.Y.K., "Spectrum Plus - A Critique", King's College Law Journal. Oxford, UK, Hart Publishing, 2004, 15: 409 - 417. |