LAW FACULTY
| 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. and Harris L.M., Back to Basics, J M M Chan & L Harris (eds), Hong Kong's Constiutitonal Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, i-iv. |
| Chan J.M.M., Farewell to Professor Yash Ghai, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 36: 1-5. |
| Chan J.M.M., Farewell to Professor Yash Ghai, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 36(1): 1-6. |
| Chan J.M.M. and Harris L.M., Hong Kong Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 340. |
| Chan J.M.M., In: Chan, J.M.M. (ed.), Hong Kong Human Rights Bibliography. Hong Kong, Hong Kong Law Journal Ltd, 2006, 114pp. |
| Chan J.M.M. and Harris L.M., Hong Kong's Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 259. |
| Chan J.M.M., International Covenant on Economic, Social and Cultural Rights and WTO, Legal Science. PRC, East China University of Law and Politics, 2006, 2: 90-96. |
| Chan J.M.M., Recent Development in Legal Education in Hong Kong, In: Wei-Ta Pan and Tz-Ping Chen, Symposium of Legal Education for the Ninetieth Anniversary of Soochow University. Taiwan, Soochow, 2006, 665-679. |
| Chan J.M.M., Recent Political Reform in the Republic of Ireland, J M M Chan & L Harris (eds), Hong Kong's Constituitonal Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 59-66. |
| Chan J.M.M. and Harris L.M., The Constitutional Journey: The Way Forward, In: J M M Chan & L Harris, Hong Kong's Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 143-169. |
| Researcher : Fu H |
| 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 |
| Completion Date: | 12/2005 |
| 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 |
| Researcher : Lejot PL |
| List of Research Outputs |
| Lejot P.L., Board J. and Wells S., Developing a Corporate Bond Market and Associated Derivatives Market in China: A Study of the Opportunities and Challenges , ICMA Centre, University of Reading; UK of Trade & Investment, Department of Trade. London, UK, UK Department of Trade, 2005, na: 61. |
| Liu Q., Arner D.W., Lejot P.L. and Park J.H., Introduction - Asia's Debt Capital Markets, In: Douglas Arner, Paul Lejot, Jae-Ha Park, Qiao Liu, Asia's Debt Capital Markets: Prospects And Strategies For Development. New York, NY, USA, Springer, 2005. |
| 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: | 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. |
| 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: |
| N/A |
| List of Research Outputs |
| 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 Theory of Constitutional Practices: Constitutional Game, Presented in Interpretations and Beyond Conference organized by the Centre for Comparative and Public Law, Faculty of Law, University of Hong Kong, Hong Kong. 2005. |
| Tai B.Y.T., One Principle...Two Principles...3,4,5,6,7,8,9 Factors for Constitutional Reform, In: Johannes Chan and Lison Harris, Hong Kong's Constitutional Debate. Hong Kong, Hong Kong Law Journal Limited, 2005, 15-28. |
| Tai B.Y.T., OpenW: the Development of an open online academic Index, presented in E-Learn 2005: World Conference on E-Learning in Corporate, Government, Healthcare, & Higher Education organised by the Association for the Advancement of Computing in Education, Vancouver, BC, Canada. 2005. |
| Tai B.Y.T., Chau P.S.C., Ho S.P.L. and Lee C.H.Y., See the Evolution of Constitutional Interpretation in Hong Kong through the Grids Model, Presented in Interpretations and Beyond Conference organized by the Centre for Comparative and Public Law, Faculty of Law, University of Hong Kong, Hong Kong. 2005. |
| Tai B.Y.T., Social Development Index: Rule of Law Sub-index 2005, The Hong Kong Council of Social Service. 2006. |
| Tai B.Y.T. and Leung K.M.Y., The Nature and Development on Laws on Sexuality, 性傾向法律的性質與發展, In: Kwan Kai Man, Tai Yiu Ting & Kong Kwai Wah et al., Equality? Hegemony? Review on the Issues concerning Homosexuality. 平權？霸權？審視同性戀議題, Hong Kong, Cosmos Books Ltd, 2005. |
| Tai B.Y.T., The Strategies of the Hong Kong Churches towards Anti-discrimination Legislation on Sexual Orientation, 香港教會面對反性傾向歧視立法的策畧, In: Ip King Tak, The Ends of the Rainbow: 200 Days of Dispute over SODO Legislation. 彩虹的兩端：性傾向歧視立法爭論二百天, Hong Kong, Hong Kong: Logos Publishers and Christian Times, 2005. |
| Researcher : Zhang XC |
| 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. |
| Project Title: | Cross-Border Judicial Assistance between Mainland China and Hong Kong in Civil and Commercial Matters: Challenges and Prospects |
| Investigator(s): | Zhang XC, Smart PSJ |
| Department: | Law |
| Source(s) of Funding: | Seed Funding Programme for Basic Research |
| Start Date: | 02/2006 |
| Abstract: |
| The purpose of the proposed project is to carry out in-depth research on cross-border judicial assistance in civil and commercial matters between the Hong Kong SAR and mainland China and thus, set out an academic basis for developing a framework of cross-border judicial cooperation in civil and commercial matters and a solid foundation for developing a more comprehensive research proposal for the earmarked research grant of RGC for 2007-2008. After the reunification of Hong Kong to mainland China the traditional approach to solve cross-border civil and commercial disputes with either international treaties and agreements or international conflict of law rules can no longer be used because the return of sovereignty has changed the nature of such disputes from international to regional concern. However, establishment of a judicial assistance framework between Hong Kong and the mainland in civil and commercial matters since 1997 has not been progressed satisfactorily. Thus far, despite many rounds of negotiation the two sides have only managed to reach agreements on service of judicial documents and mutual enforcement of arbitral awards in 1999. Other important sectors, such as case investigation, collection of evidence, jurisdiction on cross-border disputes, and mutual recognition and enforcement of judicial decisions, have not been governed by any bilateral agreement. As a result, lack of applicable rules, jurisdictional conflicts and lack of mutual mechanism to enforce judicial decisions have become a serious obstacle to further economic integration of Hong Kong and mainland China. Even in the areas that have been subjected to the mutual agreements, the implementation has encountered new problems. Thus far, the situation has caused unjust results when the lawful interest of citizens and entities cannot be effectively protected; has become a barrier of cross-border trade and investment development; has encouraged some unfair schemes to avoid normal legal proceedings; and has produced negative impact on Hong Kong's effort to develop itself into a centre of international dispute resolution. The Governments, the judiciary, practitioners and scholars of the both sides have all deeply concerned with his situation, particularly after China’s accession to the WTO, the conclusion of Closer Economic Partnership Agreement (CEPA) and the implementation of the Pan-Pearl River Delta Regional Cooperation. From the academic perspective the current situation has been, at least partially, caused by insufficient research and communication between the two sides. In the mainland, most of research work has focused on abstract principles and academic discussions on difference of the legal provisions because most of authors do not have good knowledge of the operation of the common law in Hong Kong and a convenient access to the law and cases in Hong Kong. Also due to lack of systematic case reporting system in mainland China, cases concerning cross-border relations are not well collected and studies. In Hong Kong, the difficulty to effectively access to the relevant information of mainland China, including the judicial policy and decisions on cross-border matters, has rendered much less research outputs in this regard. Moreover, some problems in mainland China as a transitional economy, including local protectionism, quality of judiciary and political influence on judicial proceedings have been the concerns in Hong Kong in promoting of cross-border judicial cooperation. Against this backdrop the project will focus on three major aspects of cross-border judicial assistance in the stage of a seed funding programme: service judicial documents, jurisdictional conflicts, and mutual recognition and enforcement of judicial decisions. The research will cover both theoretical and policy issues, such as the “one country, two systems” principle as the basis of cross-border judicial cooperation, harmonization of common law and the mainland law approaches in this regard and mutual trust of the judiciary and professionals of both sides, and practical concerns, including effectiveness of service, parallel litigation and "forum non-convenience", finality of mainland judgments, application of the "public policy" doctrine in cross-border dispute resolution, and the scope of the mutual enforcement framework. In terms of objectives in a relatively short period this seed funding programme is not seek to reach final conclusions in the research areas, but - to lay a solid foundation for further research by identifying the major deference between Hong Kong and mainland laws in the relevant areas; - to sort out the major issues and to assess their significance in the assistance mechanism to be established, - to develop a framework for primary reference with international practice to deal with cross-border legal conflicts; - to probe into principles on the policy concerns; - to establish a framework with effective incorporation of mainland research outputs; and - to carry out an empirical and comparative study of the cases that have called professional attention. |
| List of Research Outputs |