DEPT 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. |
| Project Title: | Hong Kong as Asia's international financial centre: a law and finance perspective |
| Investigator(s): | Arner DW |
| Department: | Law |
| Source(s) of Funding: | Merit Award for RGC CERG Funded Projects |
| Start Date: | 08/2005 |
| Abstract: |
| N/A |
| Project Title: | Hong Kong as Asia's international financial centre: a law and finance perspective |
| Investigator(s): | Arner DW, Hsu BFC, Lou JB, Tse KS, Zhou ZF |
| Department: | Law |
| Source(s) of Funding: | Competitive Earmarked Research Grants (CERG) |
| Start Date: | 08/2005 |
| Abstract: |
| To identify and assess factors important in or conducive to the development of modern centres for financial services, with particular focus on East Asia; to apply the results in devising recommendations for policy, legal, regulatory and institutional changes to maintain and enhance the value to Hong Kong of its position as a preminent financial centre, and reinforce its value in the Greater China economy. |
| List of Research Outputs |
| Arner D.W., Addressing Legal Risks and Basel II Financing, Basel II Forum: 2007 and Beyond, Hong Kong Jockey Club, Hong Kong (13-14 Oct. 2005). 2005. |
| Arner D.W., Asian Bond Markets, World Knowledge Forum, Seoul, Korea (10-12 Oct. 2005). 2005. |
| Arner D.W., Developing Cambodia's Financial Sector, Roundtable: Cambodia: Law, Context and Development, Centre for Comparative and Public Law and Asian Institute of International Financial Law, University of Hong Kong (29 Apr. 2006). 2006. |
| Arner D.W., Financial Cooperation and Integration in East Asia, Asian Law Institute (ASLI), National University of Singapore (15 Mar. 2006). 2006. |
| Arner D.W. and Wang W., Financial Cooperation in East Asia: The Role of Law, 3rd Asian Law Institute (ASLI) Conference: The Development of Law in Asia: Convergence versus Divergence, East China University of Politics and Law, Shanghai, PRC (25-26 May 2006). 2006. |
| Arner D.W. and Wang W., Financial Integration and Cooperation in East Asia, Annual Banking Law Update (ABLU), University of Johannesburg, South Africa (3 May 2006). 2006. |
| Arner D.W. and Wang W., Financial Integration and Development in East Asia, Paul Carrington Memorial Lecture Series: 2006 Colloquium on 'Law, Culture and Economic Development', Dedman School of Law, Southern Methodist University, Dallas, USA (7 Mar. 2006). 2006. |
| Arner D.W., Financial Sector Blueprint 2006-15: Banking, Association of Bankers in Cambodia, Phnom Penh, Cambodia (25 May 2006). 2006. |
| Arner D.W., Financial Sector Blueprint 2006-15: Banking, National Bank of Cambodia (24 May 2006). 2006. |
| Arner D.W., Financial Sector Toolkit, Manila, Philippines, Office of the General Counsel, Asian Development Bank, 2005, 175. |
| Arner D.W., Global Legal Practice and Developing Economies, Dean's Suite Forum, Dedman School of Law, Southern Methodist University, Dallas, USA (6 Mar. 2006). 2006. |
| Arner D.W., Globalization of Financial Markets: An International Passport for Securities Offerings?, In: Joseph Norton & Christos Hadjiemmanuil, Studies in Financial, Economic, and Technological Law. London, UK, British Institute of International and Comparative Law, 2005, 6: 51-107. |
| Arner D.W., Keynote Speech: Overview of the Basel II Accord, Basel II Forum: 2007 and Beyond, Hong Kong Jockey Club, Hong Kong (13-14 Oct. 2005). 2005. |
| Arner D.W., Lejot P.L. and Rhee S.G., Legal and Institutional Impediments to Cross-Border Capital Flows to the Asian Bond Markets, Finance Forum, 16th General Meeting of the Pacific Economic Cooperation Council (PECC XVI), Seoul, Korea (5-7 Sep. 2005). 2005. |
| Arner D.W., Overview of the Financial Sector Blueprint Update Process, Workshop on Financial Sector Blueprint Update, Asian Development Bank / National Bank of Cambodia / Cambodia Ministry of Economics and Finance / Cambodia Ministry of Commerce, Phnom Penh, Cambodia (27 Mar. 2006). 2006. |
| Arner D.W., Booth C.D., Hsu B.F.C., Lejot P.L., Liu Q. and Pretorius F.I.H., Property Rights, Collateral and Creditor Rights in East Asia, In: S. Ghosh & I. Dalla, World Bank, East Asian Financial Markets: the Next Frontier, Hong Kong. 22-23 June 2006 . Washington DC, USA, World Bank, 2006, 43. |
| Arner D.W., Recent Developments in Hong Kong Financial Law, Monetary Authority of Singapore (23 Mar. 2006). 2006. |
| Arner D.W., Hsu B.F.C., Johnstone S. and Tse K.S., Regulatory Framework: Securities and Futures Industry. Hong Kong, Hong Kong Securities Institute, 2006, 250. |
| Arner D.W., Teaching Corporate Governance in Asian Universities: Perspectives from Business and Law, American Corporate Governance: Implications for Asia, American Studies in Asia (ASIA 2006), Hong Kong America Center and City University of Hong Kong, Hong Kong (5-8 Jun. 2006). 2006. |
| Chan J.M.M., Ho L.K.S. and Arner D.W., Roundtable 1: Law Goes Global - The Impact on Hong Kong and China, Managing the Dynamics of Growth: Second London School of Economics Asia Forum, Marriot Hotel, Hong Kong (9 Sep. 2005). Hong Kong, 2005. |
| Gao H.S., Chan J.M.M., Shi G.S., Shi M.M., Huang R.G., Messerlin P., Ahn D.G., Zeng L.L., Huang D.L., Norton P., Arner D.W., Yu J.S., Fink C., Chen Y.X., Huang J.L., Zheng C.S., Chiang L.L., Hughes V., Matsushita M., Ehring L., Jiang L.Y. and Lewis D.J., Book Editor, China’s Participation in The WTO . London, UK, Cameron May, 2005, 486. |
| Hsu B.F.C., Arner D.W. and Wan Q., Banking Liberalization and Restructuring in Post-WTO China, In: Benjamin Geva, Banking & Financial Law Review. Toronto, Ontario, Canada, Carswell, 2005, 21.1: 23-59. |
| Hsu B.F.C., Arner D.W., Tse K.S. and Johnstone S., Financial Markets in Hong Kong: Law and Practice. Oxford, UK, Oxford University Press, 2006, 509. |
| Johnstone S., Arner D.W., Hsu B.F.C. and Tse K.S., Corporate Capital, Governance and Takeovers. Hong Kong, Hong Kong Securities Institute, 2006, 225. |
| 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 : Brabyn JM |
| List of Research Outputs |
| Brabyn J.M., Leung Kwok Hung and Others Through the Hong Kong Courts, Hong Kong Law Journal . Hong Kong, Sweet & Maxwell Asia, 2006, 36(1): 83-116. |
| 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 |
| 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 |
| Byrnes A., Chan J.M.M. and McCoy G., (2002-04) 10 Hong Kong Public Law Reports. Hong Kong, LexisNexis Butterworths, 2005, 1056pp. |
| Chan J.M.M., Ho L.K.S. and Arner D.W., Roundtable 1: Law Goes Global - The Impact on Hong Kong and China, Managing the Dynamics of Growth: Second London School of Economics Asia Forum, Marriot Hotel, Hong Kong (9 Sep. 2005). Hong Kong, 2005. |
| Gao H.S., Chan J.M.M., Shi G.S., Shi M.M., Huang R.G., Messerlin P., Ahn D.G., Zeng L.L., Huang D.L., Norton P., Arner D.W., Yu J.S., Fink C., Chen Y.X., Huang J.L., Zheng C.S., Chiang L.L., Hughes V., Matsushita M., Ehring L., Jiang L.Y. and Lewis D.J., Book Editor, China’s Participation in The WTO . London, UK, Cameron May, 2005, 486. |
| 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., "Constitutional Adjudication in the Protection of Human Rights in Hong Kong", In: Sung Nak-in , Constitutionalism and Constitutional Adjudication in Asia . Seoul, Seoul National University, 2005, 89-119. |
| Chen A.H.Y., "The Revelations of Theories of Civil Society", In: Liang Zhiping, State, Market and Society: Law and Development in Contemporary China (in Chinese). Beijing, China University of Political Science and Law Press, 2006, 34-58. |
| Chen A.H.Y., "The Traditional Chinese Philosophy of the Family and Global Ethics", In: Organizing Committee for the Forum on Chinese Culture and the World in the 21st Century, Cultural Self-Awareness and Social Development (in Chinese). Hong Kong, Commercial Press, 2005, 706-712. |
| Chen A.H.Y., 'Executive-led Government', Strong and Weak Governments and 'Consensus Democracy', In: Chan, J.M.M. and Harris, L.M. (eds.), Hong Kong's Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 9-14. |
| Chen A.H.Y., The Fate of the Constitutional Reform Proposal of October 2005, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 35(3): 537-544. |
| Chen A.H.Y., The NPCSC's Interpretation in Spring 2005, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(2): 255-264. |
| Researcher : Cheung ASY |
| List of Research Outputs |
| Cheung A.S.Y., A Case Study of Public Opinion Supervision in Mainland China - The Attempt of a Loyal Lapdog to be a Barking Watchdog, Asian Media Information and Communication Centre. 2005, 46. |
| Cheung A.S.Y., The State, Yahoo! and You, In: Slyvia Mercado Kierkegaard, The First International Conference on Legal, Privacy, and Security Issues in Information Technology. Germany, Institutt for Rettsinformatikk, 2006, I: 159-175. |
| Researcher : Emerton RG |
| List of Research Outputs |
| Emerton R.G., "Gay Sex Ruling: A Cause for Celebration, not Resentment", South China Morning Post, 3 September 2005. 2005, A17. |
| Emerton R.G., "Half full or half empty? Legal Status and Activism of the Transgender Community in Hong Kong", paper presented at Sexualities, Genders & Rights in Asia Conference, 7-9 July 2005, Bangkok, Thailand. 2005, 10pp. |
| Emerton R.G. and Petersen C.J., Filipino Nightclub Hostesses in Hong Kong: Vulnerability to Trafficking and other Human Rights Abuses, Transnational Work and Migration in Hong Kong. London, Routledge, 2005, 126-141. |
| Emerton R.G., Adams P., Byrnes A. and Connors J., International Women's Rights Cases. Cavendish Publishing, 2005, 880pp. |
| Emerton R.G., Respecting Privacy and Affirming Equality: The Dual Significance of Leung v Secretary For Justice for Hong Kong's Gay Community, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 36(1): 143-170. |
| Laidler K.A., Emerton R.G. and Petersen C.J., Bureaucratic Justice: The Imprisonment of Mainland Chinese Women Working in the Sex Industry, Roundtable Sponsored by the Centre for Comparative Law and Centre for Criminology. 2006. |
| 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 |
| Fu H., Book Review of Crime, Punishment, and Policing in China, by Borge Bakken, 186 The China Quarterly. UK, Cambridge University Press, 2006, June 2006: 470-472. |
| Fu H., Creating A Support Structure For Rights: Legal Aid and the Rule of Law in China, A report prepared for The Asia Foundation. 2005, Decmber 2005. |
| Fu H., Re-education through Labor through Historical Perspective, 184 The China Quarterly. UK, Cambridge University Press, 2005, December 2005: 811-830. |
| Fu H. and Cullen R., Two Views of Hong Kong's Basic Law: But Hong Kong Should Seek A Better Way, Hong Kong Journal . 2006, Spring 2006: 6pp. |
| Fu H., zhou Yongkang and the Recent Police Reform in China, Australian and New Zealand Journal of Criminology. Australia, Australian Academic Press, 2005, 38(2): 241-253. |
| 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., A Legal Analysis of the Dispute on Coke Export Quota between the EU and China , 中欧焦炭出口配额案浅析, Journal Of International Economic Law. 国际经济法学刊, Beijing, China, Peking University Press, 2006, Vol. 12, Issue 4: 321-337. |
| Gao H.S., Aggressive Legalism: The East Asian Experience And Lessons For China , Annual Joint HKU-PKU Conference. 2005. |
| Gao H.S., Aggressive Legalism: The East Asian Experience And Lessons For China, In: Henry Gao and Donald Lewis , China’s Participation In The Wto. London, UK, Cameron May, 2005, 315-351. |
| Gao H.S., Aggressive Legalism: The East Asian Experience and Lessons for China , International Conference on “Policy and Law Aspects of Asia and WTO: Challenges and Opportunities”. 2005. |
| Gao H.S., Agriculture Negotiations Remained in Deadlock, While New Controversies Arose in Services Negotiations, 农业死结难解 服务业又见争拗, Hong Kong Economic Times . 经济日报, Hong Kong, 2005, December 13, 2005: A40. |
| Gao H.S., Amicus Curiae in WTO Dispute Settlement: Theory and Practice, CHINA RIGHTS FORUM. New York, NY, USA, Human Rights in China, 2006, No. 1, 2006: 51-57. |
| Gao H.S., An Insider's View of the WTO Dispute Settlement System, Chung-Hua Institution for Economic Research (CIER), Taiwan WTO Center. Taipei, Taiwan, 2005. |
| Gao H.S., Analysis of the Sixth Ministerial Conference of the WTO in Hong Kong , WTO香港部长会议解读, Hong Kong Economic Journal Monthly . 信报财经月刊, Hong Kong, 2006, 346: 56-60. |
| Gao H.S., Are the Korean Farmers Worthy of Supporting? , 韩农值得支持?, Ming Pao. 明报, Hong Kong, 2005, December 15, 2005: A33. |
| Gao H.S., Bilateral Trade Barriers between China and India, The International Symposium on China, India and the International Economic Order, organized by National University of Singapore. Singapore, 2006. |
| Gao H.S., Chan J.M.M., Shi G.S., Shi M.M., Huang R.G., Messerlin P., Ahn D.G., Zeng L.L., Huang D.L., Norton P., Arner D.W., Yu J.S., Fink C., Chen Y.X., Huang J.L., Zheng C.S., Chiang L.L., Hughes V., Matsushita M., Ehring L., Jiang L.Y. and Lewis D.J., Book Editor, China’s Participation in The WTO . London, UK, Cameron May, 2005, 486. |
| Gao H.S., Book Review of "China and the World Trading System: Entering the New Millennium" by Deborah Z. Cass, Brett G. Williams & George Barker (ed.), Hong Kong Law Journal . Hong Kong, Sweet & Maxwell Asia, 2006, 36(1): 220-228. |
| Gao H.S., China And The Wto Dispute Settlement System, the Second Symposium of International Law and International Relations Scholars from China, Taiwan and Hong Kong, Shanghai Institute of International Studies. Shanghai, China, 2006, April 21-23, 2006. |
| Gao H.S., China and the WTO, Hong Kong Bar Association. 2005. |
| Gao H.S., China and the WTO, International Meeting on “China, Global Imbalances & the Global Multilateral Economic System”, organized by Evian Group and The Royal Institute of International Affairs. HK, 2006. |
| Gao H.S., China's Legal Battles in the WTO, Law Lectures for Practitioners, HKU. Hong Kong, 2006, April 21, 2006. |
| Gao H.S., China's Participation in the WTO, International Conference on Globalization, Blocization, and East Asian Economic Integration, Organized by the National Cheng-Chi University of Taiwan. Taiwan, 2006. |
| Gao H.S., Commentary on the Auto Parts Case Brought Against China by US and EU , 中国提高汽车零件关税惹诉讼, Hong Kong Economic Journal. 信报, Hong Kong, 2006, April 10, 2006: p. 26. |
| Gao H.S., Did the WTO Negotiations Make any Breakthrough? , 世贸会谈 到底有没有突破, Ming Pao. 明报, Hong Kong, 2005, December 20, 2005: A33. |
| Gao H.S., Expert Opinion on the Foreign Trade and Customs laws and regulations of China in Case No. FLC 1256/2005 in the Magistrate’s Court at Fanling, Hong Kong. , Hong Kong Police Force. 2005. |
| Gao H.S., Latest Developments on IPR Protection under the WTO Framework, UNIVERSITY OF HONG KONG, Advanced Training Course on Copyright Issues for Jiangsu Province of China,. 2006. |
| Gao H.S., Lecture on China and Trade Remedies Measures, Chinese National Federation Of Industries (taiwan). 2006. |
| Gao H.S., Lecture on Research Methodologies and Sources on WTO Research, HKU/WTO three-month Regional Trade Policy Course for Asia Pacific, World Trade Organization. 2006. |
| Gao H.S., Legal Issues in the Economic Integration Agreements between China, Taiwan, Hong Kong and Macao, Symposium On Wto Issues Between Mainland China And Taiwan, Organized By Wto Law Study Association Of The China Law Society, Chinese Society Of International Law (taiwan), Beijing University. 2005. |
| Gao H.S., Organizer of Conference, International Conference on “The Legal Dimensions of the Doha Round” . 2005. |
| Gao H.S., Rainy Days Ahead? A Forecast on the Ministerial Conference in Hong Kong , WTO谈判的风风雨雨 – 2005 香港会议前瞻, Hong Kong Economic Journal Monthly. 信报财经月刊, Hong Kong, 2005, 344: 6-12. |
| Gao H.S., Reflections on the Relationship between WTO Negotiations and Dispute Settlement – Lessons from the GATS, International Conference on WTO at 10: Dispute Settlement, Multilateral Negotiation, Regional Integration, organized by World Trade Organization, United Nation University, and Fair Trade Centre of Japan. Tokyo, Japan, 2005. |
| Gao H.S., Relationship between WTO Negotiations and Dispute Settlement, The Doha Round Dsu Reform And Wto Agriculture Disputes: An International Law Experts Panel & Roundtable, Organized by Centre for International Sustainable Development Law. 2005. |
| Gao H.S., Sustainable Development and Developing Countries, High Level Dialogue On Wto And Sustainable Development, Organized By United Nations University, Institute Of Advanced Studies. 2005. |
| Gao H.S., The Conference Opens with Uncertain Prospects, 会议开幕 谈判前景模糊, Ming Pao. 明报, Hong Kong, 2005, December 14, 2005: A32. |
| Gao H.S., The Developed Countries are the Biggest Winners, 发达国 最大赢家, Ming Pao. 明报, Hong Kong, 2005, December 22, 2005: A29. |
| Gao H.S., The Doha Round Negotiations Of Wto, Workshop on How to Prepare for the Upcoming WTO Ministerial Conference in Hong Kong organized by Hong Kong Journalists Association. 2005. |
| Gao H.S., The Hong Kong Ministerial Declaration Barely Meets the Expectations, While the Part on Export Subsidy Even Falls Short of the Earlier Proposals , 宣言差强人意 出口补贴更倒退, Hong Kong Economic Times . 经济日报, Hong Kong, 2005, December 20, 2005: A37. |
| Gao H.S., The Past, Present and Future of the WTO , WTO的前世今生, Hong Kong Economic Journal Monthly . 信报财经月刊, Hong Kong, 2005, 346: 20-22. |
| Gao H.S., The Role of Donald Tsang, 曾俊华的角色, Ming Pao. 明报, Hong Kong, 2005, December 17, 2005: B14. |
| Gao H.S., The WTO Dispute Settlement System and the Trade Law Regime of China, Taiwan Bureau of Foreign Trade. Taipei, Taiwan, 2005. |
| Gao H.S., The WTO Negotiations: Just a Simple Division between Rich and Poor Countries? , 世贸谈判 非贫富国简单对立, Ming Pao. 明报, Hong Kong, 2005, December 12, 2005: C16. |
| Gao H.S., This is WTO Bashing, South China Morning Post. Hong Kong, 2005, September 8, 2005: EDT 16. |
| Gao H.S., Trade and the India-China Relationship, LSE Asia Forum. 2005. |
| Gao H.S., Two lectures on China and the WTO Subsies rules, and China's Obligation of Uniform Application of Trade Regime, Ministry of Commerce of China. 2005. |
| Gao H.S., Two lectures on Trade in Services, Dispute Settlement in the WTO, Hong Kong Bar Association. 2005. |
| Gao H.S., WTO Dispute Settlement System and China, Symposium on China's Peaceful Development and International Law, organized by Wuhan University. 2005. |
| Gao H.S., WTO Doha Round Neogitiations: An Overview, Workshop on “Covering the WTO” organized by the Journalism and Media Studies Centre of HKU. 2005. |
| Gao H.S., WTO: Facing the Challenges of the NGO , NGO对WTO的挑战, Hong Kong Economic Journal Monthly . 信报财经月刊, Hong Kong, 2005, 344: 16-18. |
| Gao H.S., Why is the EU Reluctant to Reduce its Agricultural Subsidy? , 为何欧盟不肯减农业补贴, Ming Pao. 明报, Hong Kong, 2005, December 16, 2005: A40. |
| Gao H.S., lectures on International trade law, Graduate Diploma in China Business Law at the Poon Kam Kai Institute of Management, The University of Hong Kong. 2005. |
| Lewis D.J. and Gao H.S., China's Partiicpation in the WTO. London, Cameron & May, 2005, 486pp. |
| 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 |
| Ghai Y.P., A Journey Around Constitutions: Reflections on Contemporary Constitutions, South Africa Law Journal. 2005, (2005). |
| Ghai Y.P., Redesigning the State for Right Development, In: B Andreassen and S Marks (eds.), Development as a Huamn Right: Legal, Political, and Economic Dimensions. USA, Harvard University Press, 2006. |
| Ghai Y.P., The Imperatives of Autonomy: Contradictions of the Basic Law, In: Chan, J.M.M. and Harris, L.M. (eds.), Hong Kong's Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 29-44. |
| Researcher : Glofcheski RA |
| List of Research Outputs |
| Glofcheski R.A., Connecting The Injury With The Employment In The Proof Of Employees' Compensation Claims, In: J Young and J Jen, Law Lectures for Practitioners 2005. Hong Kong, Sweet & Maxwell Asia, 2005, 1-26. |
| Glofcheski R.A., Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 35(3): 537-780. |
| Glofcheski R.A., Worker Misconduct and the Demial of Claims under the Employees' Compensation Ordinance, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 35(3): 651-670. |
| Researcher : Goo SH |
| Project Title: | Devising an appropriate legal structure and governance regime for small and medium enterprises in China |
| Investigator(s): | Goo SH |
| Department: | Law |
| Source(s) of Funding: | Incentive Award for RGC CERG Fundable But Not Funded Projects |
| Start Date: | 07/2005 |
| Completion Date: | 06/2006 |
| Abstract: |
| N/A |
| List of Research Outputs |
| Goo S.H., Hong Kong Insurance Law Updates, Staying Ahead of The Global Insurance Industry In A Local Environment. 2005. |
| Goo S.H. and Carver A., Low Structure, high Ambiguity, the Corporate Governance Model in China, Corporate Governance Compliance in East Asia, co-hosted by the University of British Columbia and Shanghai Academy of Social Sciences, 18th July 2005. 20pp. |
| Researcher : Hannum H |
| List of Research Outputs |
| Hannum H. and Babbitt E.F., "Introduction" and "Self-Determination in the Twenty-First Century", In: Hurst Hannum and Eileen F. Babbitt, Negotiating Self-Determination. Lexington, 2006, 168. |
| Hannum H., Extremism and Human Rights: Religion and Terrorism in the Twenty-First Century , Graduate School of International Studies, Seoul National University. 2006. |
| Hannum H., Human Rights in Conflict Resolution: The Role of the Office of the High Commissioner for Human Rights in UN Peacemaking and Peacebuilding28 Hum. Rts. Q. 1 (2006) , In: Bert Lockwood, Human Rights Quarterly. Johns Hopkins, 2006, 28: 1-85. |
| Hannum H., Inaugural lecture for the Sir Y.K. Pao Chair in Public Law, "Turbans, Trade, and Terrorism: Are Human Rights the Answer?", University of Hong Kong. 2006. |
| Hannum H., Letter to the editor, "The complexity of aid" , International Herald Tribune . 2006. |
| Hannum H., Op-ed article, "The New UN Human Rights Council: Merely a flight of fancy?" , South China Morning Post. 2006. |
| Lillich R.B., Hannum H., Anaya S.J. and Shelton D., International Human Rights: Problems of Law, Policy, and Practice. Aspen, 2006, 1176. |
| Researcher : Harris LM |
| 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. and Harris L.M., Hong Kong Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 340. |
| 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. 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. |
| Harris L.M., Book Review of "God and Caesar in China: Policy Implications of Church-State Tensions" by Jason Kindopp and Carol Lee Hamrin (eds.), Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(2): 532-534. |
| 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 |
| Chan J.M.M., Ho L.K.S. and Arner D.W., Roundtable 1: Law Goes Global - The Impact on Hong Kong and China, Managing the Dynamics of Growth: Second London School of Economics Asia Forum, Marriot Hotel, Hong Kong (9 Sep. 2005). Hong Kong, 2005. |
| Ho L.K.S., Establishing Undue Influence and Seeking Equitable Compensation, Singapore Journal of Legal Studies. 2005, 2005, Part 2: 1-10. |
| Ho L.K.S., Hochelaga Lectures 2004: Rights in One Country: Hong Kong & China, by Prof. James Crawford, Cambridge University , Faculty of Law, HKU, 2005. |
| Ho L.K.S., Technical Seminar on the Trust Law in China, CPD Technical Seminar on China's Trust Law, invited by the Association for Certified Chartered Accountants (ACCA) . 2005. |
| Researcher : Jackson MI |
| Project Title: | Regulating Covert Surveillance in an Age of Privacy |
| Investigator(s): | Jackson MI, Brabyn JM |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 09/2005 |
| Abstract: |
| Recent judicial decisions in HK have determined that covert surveillance operations conducted by HK's law enforcement agencies, including the ICAC, may in certain circumstances be illegal because they involve a breach of the constitutionally protected right to privacy enshrined in the Basic Law of HK and are not otherwise permitted and authorised by law. There is an urgent need for the Government of HKSAR to address this serious shortfall in law enforcement operations by proposing an appropriate regulatory system within which covert surveillance may be authorised without derogating disproportionately from respect for and compliance with constitutionally protected rights of privacy. Privacy rights, including their protection and enforcement, have been under consideration in HK for some time. In 1999 the Law Reform Commission of HK established a Sub-committee on Privacy, but to date it has not given formal consideration to the interrelationship between privacy rights and covert surveillance. This issue is now likely to fall within its remit for urgent consideration. Protecting privacy rights has also been one of the central considerations in the development of HK's cybercrime and e-commerce legislation. This project will examine covert surveillance regulatory systems in overseas jurisdictions from a theoretical and practical perspective with a view to formulating an appropriate regulatory model for adoption in HK. Of particular concern will be the control mechanisms designed to ensure compliance with and protection of privacy and other fundamental rights, including legal professional privilege. |
| List of Research Outputs |
| Researcher : Johnstone S |
| List of Research Outputs |
| Arner D.W., Hsu B.F.C., Johnstone S. and Tse K.S., Regulatory Framework: Securities and Futures Industry. Hong Kong, Hong Kong Securities Institute, 2006, 250. |
| Hsu B.F.C., Arner D.W., Tse K.S. and Johnstone S., Financial Markets in Hong Kong: Law and Practice. Oxford, UK, Oxford University Press, 2006, 509. |
| Johnstone S., Arner D.W., Hsu B.F.C. and Tse K.S., Corporate Capital, Governance and Takeovers. Hong Kong, Hong Kong Securities Institute, 2006, 225. |
| Researcher : Law MWA |
| List of Research Outputs |
| Young S.N.M. and Law M.W.A., "Privileged to vote: inequalities and anomalies of the FC system", In: Christine Loh & Civic Exchange, Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong, Hong Kong University Press, 2006, 59-109. |
| Researcher : Lee ASC |
| List of Research Outputs |
| Lee A.S.C. and Wong K., Breach of Statutory Duty, In: Justice Bokhary (editor-in-chief); Neville Sarony and D.K. Srivastava. (eds), Tort Law and Practice in Hong Kong. Hong Kong, Sweet & Maxwell Asia, 2005. |
| Researcher : Lejot PL |
| List of Research Outputs |
| Arner D.W., Lejot P.L. and Rhee S.G., Legal and Institutional Impediments to Cross-Border Capital Flows to the Asian Bond Markets, Finance Forum, 16th General Meeting of the Pacific Economic Cooperation Council (PECC XVI), Seoul, Korea (5-7 Sep. 2005). 2005. |
| Arner D.W., Booth C.D., Hsu B.F.C., Lejot P.L., Liu Q. and Pretorius F.I.H., Property Rights, Collateral and Creditor Rights in East Asia, In: S. Ghosh & I. Dalla, World Bank, East Asian Financial Markets: the Next Frontier, Hong Kong. 22-23 June 2006 . Washington DC, USA, World Bank, 2006, 43. |
| Researcher : Leng J |
| List of Research Outputs |
| Leng J., China's Banking Reform: Achievements and Challenges, The 7th Annual Conference of PKU-HKU Legal Research Centre, 21-22 December 2005, Hong Kong. 2005. |
| Researcher : Lewis DJ |
| List of Research Outputs |
| Gao H.S., Chan J.M.M., Shi G.S., Shi M.M., Huang R.G., Messerlin P., Ahn D.G., Zeng L.L., Huang D.L., Norton P., Arner D.W., Yu J.S., Fink C., Chen Y.X., Huang J.L., Zheng C.S., Chiang L.L., Hughes V., Matsushita M., Ehring L., Jiang L.Y. and Lewis D.J., Book Editor, China’s Participation in The WTO . London, UK, Cameron May, 2005, 486. |
| Lewis D.J. and Gao H.S., China's Partiicpation in the WTO. London, Cameron & May, 2005, 486pp. |
| Lewis D.J., Trade Facilitation: Issues and Negotiations, Delivering on the WTO Round: Government-Business Dialogue: Studies in Trade and Investment. Bangkok, United Nations, 2005, 56: 165-187. |
| 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 |
| Li Y., China Intellectual Property For Foreign Business, LexisNexis CPD course. Hong Kong, LexisNexis, 2005. |
| Li Y., Chinese Preface to the book: Jack Davies, Legislative Law and Process (originally published by West Publishing Company, reprinted by Law Press, Beijing, 2005) , Beijing, Law Press, 2005. |
| Li Y., Halsbury's Law of Hong Kong - Intellectual Property (Plant Variety Rights) . Hong Kong, LexisNexis, 2005, 15(3): 80pp. |
| Li Y., Intellectual Property Law , "Wuhan Judges Legal studies training program", organized by HKU SPACE. 2005. |
| Li Y., Intellectual Property Law, Intellectual Property Management Training Program for Jiangsu Officials/HKU Space. 2005. |
| Li Y., Intellectual Property Law, Legal Studies Training Program for Wuhan Dept. of Justice/ HKU Space. 2005. |
| Li Y., International and Comparative Intellectual Property: Law, Policy and Practice. Hong Kong, Singapore, Malaysia, LexisNexis Butterworth, 2005, 337pp. |
| Li Y., Introduction to Hong Kong Intellectual Property Law, Jiangsu Copyright Management Training Program/china Affairs Office, Hku. 2006. |
| Li Y., New Development Of PRC Intellectual Property Law (module 4), The Law Society Of Hong Kong CPD Course. 2005. |
| Li Y., New Developments in PRC Intellectual Property Law, Law Society Lecture/ Law Society of Hong Kong. 2005. |
| Li Y., PRC Intellectual Property for Foreign Business, LexisNexis CPD Course/ LexisNexis. 2005. |
| Li Y., Li Y...J., Wei Y...L. and Huang T...J., Patent Litigation and Patent Pool Strategies (in Chinese). Beijing, Intellectual Property Press, 2005. |
| Li Y., The Concepts Of Property In Common Law: Comparative Comments On The Drafting Of Prc Law Of Right Over Things, "comparative Studies Of China Law Of Rights Over Things And Common Law Property System", Organized By Editorial Board Of Global Legal Review Of Chinese Academy Of Social Science And Shantou University Law School.. 2005. |
| Researcher : Linton S |
| List of Research Outputs |
| Linton S., Putting Things Into Perspective: The Realities of Accountability in East Timor, Indonesia and Cambodia, In: Hungdah Chiu, Maryland Series in Contemporary Asian Studies No. 3 - 2005 (182),School of Law, University of Maryland. University of Maryland, 2006, 182: 1-90. |
| Linton S., Safeguarding the Independence and Integrity of the Cambodian Extraordinary Chambers, In: Antonio Cassese , Journal of International Criminal Justice. UK, Oxford University Press, 2006, 4(2): 327-341. |
| Researcher : Liu ANC |
| List of Research Outputs |
| Liu A.N.C., Consent to Medical Treatment for and by a Mentally Incapacitated Adult: The interplay between the Hong Kong common law and Part IVC of the Mental Health Ordinance (MHO), In: J. Young & J. Jen (eds.), Law Lectures for Practitioners 2005. Hong Kong, Sweet & Maxwell Asia, 2005, 27-50. |
| Liu A.N.C., Human Cloning Embryos Prohibited in Hong Kong, Journal of Assisted Reproduction and Genetics. 2005, 2005: 1-10. |
| Researcher : Low FK |
| List of Research Outputs |
| Low F.K., Book Reviews: "The Law of Trusts edited by Geraint Thomas and Alastair Hudson”, Singapore Journal of Legal Studies. 2005, 2005: 306-309. |
| Low F.K., Equity and Trusts, Singapore Academy of Law Annual Review of Singapore Cases. 2006, 6/2005: 234-258. |
| Low F.K., Unilateral Mistake at Common Law and in Equity, Lloyd's Maritime and Commercial Law Quarterly. 2005, 2005: 423-428. |
| Researcher : Maurushat A |
| List of Research Outputs |
| Maurushat A., Multi-lateral Recognition of PKI Certification Authorities in the Asian Region: Transborder Data Flow and Information Privacy Issues, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 35(3): 569-596. |
| Maurushat A., Who let the Cat out of the Bag? Internet Data Leakage and its Implications for Privacy Law and Policy in Hong Kong, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 36(1): 7-14. |
| 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 |
| Researcher : Ng HW |
| List of Research Outputs |
| Ng H.W., Hong Kong Courts' Jurisdiction to Enforce Intellectual Property Rights Infringed By Internet Contents, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(2): 367-394. |
| 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 |
| Emerton R.G. and Petersen C.J., Filipino Nightclub Hostesses in Hong Kong: Vulnerability to Trafficking and other Human Rights Abuses, Transnational Work and Migration in Hong Kong. London, Routledge, 2005, 126-141. |
| Laidler K.A., Emerton R.G. and Petersen C.J., Bureaucratic Justice: The Imprisonment of Mainland Chinese Women Working in the Sex Industry, Roundtable Sponsored by the Centre for Comparative Law and Centre for Criminology. 2006. |
| Petersen C.J., A Progressive Law with Weak Enforcement? An Empirical Study of Hong Kong's Disability Law, Disability Studies Quarterly. Society for Disability Studies, 2005, 25(4): 26pp. |
| Petersen C.J., Negotiating Respect: Sexual Harassment and the Law in Hong Kong, International Journal of Discrimination and the Law. Great Britain, A B Academic Publishers, 2005, 7: 127-168. |
| Researcher : Rwezaura BA |
| List of Research Outputs |
| Rwezaura B.A. and Wanitzek U., The Constitutionalisation of Family Law in Tanzania, In: Andrew Bainham (ed.), The International Survey of Family Law. Bristol, UK, Jordan Publishing Ltd, 2006, 2006 Edition: 445-467. |
| 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 |
| Smart P.S.J., Finality and the Enforcement of Foreign Judgments under the Common Law in Hong Kong, Oxford University Commonwealth Law Journal. 2005, 5: 310-315. |
| Smart P.S.J., Rights in Rem, Article 5 and the EC Insolvency Regulation: an English Perspective, International Insolvency Review. 2006, 15: 17-55. |
| 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. |
| 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 |
| Researcher : Wang W |
| List of Research Outputs |
| Arner D.W. and Wang W., Financial Cooperation in East Asia: The Role of Law, 3rd Asian Law Institute (ASLI) Conference: The Development of Law in Asia: Convergence versus Divergence, East China University of Politics and Law, Shanghai, PRC (25-26 May 2006). 2006. |
| Arner D.W. and Wang W., Financial Integration and Cooperation in East Asia, Annual Banking Law Update (ABLU), University of Johannesburg, South Africa (3 May 2006). 2006. |
| Arner D.W. and Wang W., Financial Integration and Development in East Asia, Paul Carrington Memorial Lecture Series: 2006 Colloquium on 'Law, Culture and Economic Development', Dedman School of Law, Southern Methodist University, Dallas, USA (7 Mar. 2006). 2006. |
| 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 |
| Completion Date: | 12/2005 |
| 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. |
| Project Title: | Solution to intellectual property controversies in international trade |
| Investigator(s): | Xue H |
| Department: | Law |
| Source(s) of Funding: | Other Funding Scheme |
| Start Date: | 04/2005 |
| Abstract: |
| To analyze the various IPR conflicts between developed countries and developing countries, between giant multinational corporations and small-and-medium size enterprises (SMEs), and between commercial interests and human right; to design IPR policies in consistence with social justice and sustainable social-economic development. |
| List of Research Outputs |
| Xue H., Internationalized Domain Names in the International Intellectual Property Law, Congress of International Association for Advancement of Teaching and Research of Intellectual Property (ATRIP), Montreal, July 2005. Montreal. |
| Xue H., Outstanding Young Research Award by University of Hong Kong, 香港大学杰出青年研究奖, 2005. |
| Xue H., Territorialism versus Universalism: International Intellectual Property Law in the Internationalized Domain Name System, In: Jacques Werner, The Journal of World Intellectual Property. Oxford, Blackwell Publishing, 2006, 9: 1-24. |
| Researcher : Young SNM |
| 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. |
| Project Title: | When Jurors Act Strangely |
| Investigator(s): | Young SNM |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 01/2006 |
| Abstract: |
| The common law jury system is both an imperfect and exceptional system of adjudication. The law presupposes that in every jury trial a small group of lay citizens chosen randomly can impartially and passively hear evidence, discuss the evidence rationally in deliberations, follow the judge’s instructions on the law, arrive at verdicts supported only by the evidence received, and hold to their oath of secrecy following the conclusion of the trial. This idealized image is far from the reality of jury trials where the risks for miscarriages of justice due to improper or unusual juror behaviour are many. The purpose of this proposed project is to research, catalogue and study cases where jurors have acted in improper or unusual ways in discharging their duties as a juror. The research will shed light on how miscarriages of justice in criminal cases for both prosecution and defence can result from jury misbehaviour and misconduct. The project will consider whether these types of miscarriages are preventable or an inherent and inevitable part of the jury system? It will also consider how the law in various jurisdictions has responded to these types of miscarriages when they arise. In particular, how does the law correct these problems and is the response satisfactory? Given the rule that imposes a cloak of secrecy over jury deliberations, another important issue to consider is whether the jury secrecy rule presents a barrier to detecting possible miscarriages? The project will research cases from the major common law jurisdictions including the United States, Canada, England, Hong Kong, Australia and New Zealand. A system of categorizing the numerous case studies will be developed. As this project will be of interest and significance to the public generally, one of the aims of the project is to present the research findings in partly a narrative form and in language that is understandable by ordinary people. |
| Project Title: | Forfeiture of crime tainted property in Hong Kong |
| Investigator(s): | Young SNM |
| Department: | Law |
| Source(s) of Funding: | Public Policy Research |
| Start Date: | 03/2006 |
| Abstract: |
| To conduct an extensive review of the existing laws and policies governing the confiscation of criminal proceeds and instruments in Hong Kong; to acquire the latest knowledge of the laws, policies and operational experience of countries that have reformed their criminal proceeds and instruments laws, such as the United Kingdom, Australia, Canada (Ontario), South Africa, Ireland, and the United States; to formulate concrete recommendations for reforming Hong Kong's existing laws and policies having regard to the experience of other countries and to the constitutional human rights laws of Hong Kong; to establish a local Focus Group made up of legal experts, law enforcement personnel and other stakeholders who will be regularly consulted and advised on developments in the research. |
| List of Research Outputs |
| Young S.N.M., "A fund to attract ideas from public on democracy", South China Morning Post. Hong Kong, South China Morning Post, 2005, 1. |
| Young S.N.M., "Defending White Collar Crime in Hong Kong: A Case Study of the Lee Ming Tee Case", Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 36(1): 35-60. |
| Young S.N.M., "Elected by the elite: functional constituency legislators and elections", In: Christine Loh & Civic Exchange, Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong, Hong Kong University Press, 2006, 111-142. |
| Young S.N.M. and Law M.W.A., "Privileged to vote: inequalities and anomalies of the FC system", In: Christine Loh & Civic Exchange, Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong, Hong Kong University Press, 2006, 59-109. |
| Young S.N.M., "Room for manoeurvre in the existing system", South China Morning Post. Hong Kong, 2005, 1. |
| Young S.N.M., Book Review of "Sentencing in Hong Kong, I" by Grenville Cross and Patrick W S Cheung (in collaboration with Elaine Y L Tsui), Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2006, 35(3): 773-777. |
| Young S.N.M., Can Functional Constituencies Co-exist with Universal Suffrage?, In: J Chan & L Harris, Hong Kong's Constitutional Debates. Hong Kong, Hong Kong Law Journal Ltd, 2005, 53-58. |
| Young S.N.M., Concerning the Common Saying 'Law Depends on the Evidence', Law Lectures for Practitioners 2006, Faculty of Law, University of Hong Kong. Hong Kong, 2006, 2. |
| Young S.N.M., Enacting security laws in Hong Kong, In: VV Ramraj, M Hor & K Roach, Global Anti-Terrorism Law and Policy. Cambridge UK, Cambridge University Press, 2005, 368-395. |
| Young S.N.M., Functional Constituencies: The Way Forward, Political Reform Forum, organized by pro-democracy Legco members, Hong Kong, 28 Dec 2005. 2005. |
| Young S.N.M., Stock F., Wright A. and Sit P., Hearsay in Criminal Proceedings Sub-Comittee: Consultation Paper, The Law Reform Commission of Hong Kong. Hong Kong, Law Reform Commission of Hong Kong, 2005, 198. |
| Young S.N.M., Hearsay in Criminal Proceedings: The Proposals for Reform, Judicial Studies Board, Hong Kong, 19 April 2006. 2006. |
| Young S.N.M., In: Simon NM Young, Hong Kong Basic Law Bibliography. Hong Kong, Hong Kong Law Journal Ltd, 2006, 232 pp. |
| Young S.N.M., Legislative History, Original Intent and the Interpretation of the Basic Law, Interpretations and Beyond Conference, Centre for Comparative and Public Law, University of Hong Kong, Hong Kong, 25 Nov 2005. Hong Kong, Centre for Comparative and Public Law. |
| Young S.N.M., The Essential Statutes on Hong Kong Criminal Law and Procedure 2006, Hong Kong, Lexis Nexis Butterworths, 2005, 701 pp. |
| Young S.N.M., The Executive Order on Covert Surveillance: Legality Undercover?, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2005, 35(2): 265-276. |
| Young S.N.M., The Rule Against Hearsay in Criminal Proceedings: What is Wrong with the Rule and What is Rights, Margaret Ng Tea Workshop, Hong Kong, 17 Mar 2006 and 28 April 2006. 2006. |
| Young S.N.M., Update of Legal Professional Privilege in Hong Kong, Asian Legal Business Workshop Series 2006, Hong Kong, 18 May 2006. 2006. |
| Young S.N.M., Updates to Chapters 11 (The Hearsay Rule), 15 (Police Powers, Confessions and Discretion to Exclude Evidence), and 19 (Human Rights), Archbold Hong Kong 2006, Third Supplement to the 2005 Edition. Hong Kong, Sweet & Maxwell Asia, 2006, 44. |
| Young S.N.M., Written Submissions on the Financial Reporting Council Bill for the HKSAR Legislative Council Bills Committee on the Financial Reporting Council Bill, 2005, 4 pp. |
| Researcher : Yu G |
| 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 |
| Completion Date: | 10/2006 |
| 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 Lessons For China, Contemporary Law Review (the Law Journal Of Jilin University). Jilin, China, Contemporary Law Review Press, 2005, Vol. 4 (2005): 135-142. |
| Yu G., Studies in Law and Public Policy. Beijing, China Social Sciences Publishing House, 2005, pp. 234. |
| Yu G., The Direction Of China's Universal Service Regime Under Competitive Conditions, 21 Century Law Review. Australia, 21 Century Law Review Press, 2005, Vol. 1(2) (2005): 60-64. |
| Researcher : Yu GH |
| 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 |
| Completion Date: | 10/2006 |
| Abstract: |
| To examine the effects of takeovers upon the managers and directors in listed State-owned companies in China. |
| List of Research Outputs |
| 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 |
| Zhang X.C., A Critical Review of the One-man Company Legislation in Mainland China, presented at the 7th Conference of Peking University - HKU Legal Research Centre in the University of Hong Kong on December 21, 2005. Hong Kong. |
| Zhang X.C., Legal Implications of "Greater Pearl River Delta, In: Anthony Gar-on Yeh, Victor Fung-shuen Sit, Guanghan Chen and Yunyuan Zhou (eds), Developing a Competitive Pearl River Delta in South China under One Country-Two Systems. Hong Kong, Hong Kong University Press, 2006, 551-567. |
| Zhang X.C., Promoting Legal Cooperation between Hong Kong and Mainland China through Compromise and Comity (in Chinese), 9 Bauhinia Magazine. 2005, 18-21. |
| Zhang X.C., Race with an Institutional Advantage: A Comparative Study of Competition Law Regime in India and China, presented at the Conference of China, India, and the International Economic Order organized by the National University of Singapore on June 23-24, 2006. Singapore. |
| Zhang X.C., Recent Progress of Company Law Reform in Hong Kong, presented at China and the World: International Summit of Company Law Reform at China University of Social Science and Law on April 22-23, 2006. Beijing. |
| Zhang X.C., Recent Theoretic and Practical Developments of "Public Policy" in Judicial Examination of Foreign Arbitral Awards, China Arbitration Consulting, Arbitration and Law. USA, China Business Review Inc, 2005, No. 99: 23-55. |
| Zhang X.C., Recent Theoretic and Practical Developments of "Public Policy" in Judicial Examination of Foreign Arbitral Awards, China Arbitration Consulting, Judicial Review of the Foreign - Related Arbitration (in Chinese). Han Jian (ed.), PRC, Law Press of China, 2006, 359-395. |
| Zhang X.C., Regulating Outsourcing of Bankruptcy Works in Hong Kong, presented at Forum on Asian Insolvency Reform 2006 organized by OECD, the World Bank and the Asian Development Bank on April 27-28, 2006. Beijing. |
| Zhang X.C., Several Issues Concerning Regional Judicial Assistance in Civil and Commercial Matters, presented at the Symposium on Regional Legal Cooperation as part of the 22nd Congress on the Law of the World on September 4, 2005. Beijing. |
| Zhang X.C., The Developing Trend of Hong Kong Company Law Reform, In: Wang Baoshu (ed.), Modernizing Company Law in Transition (in Chinese). PRC, Social Science Academy Press, 2006, 343-354. |
| Researcher : Zhang Y |
| List of Research Outputs |
| Zhang Y., Civil Justice Reform in Hong Kong (in Chinese), presentated at the Conference on Cross-Strait Legal Developments organized by the Institutum Jurisprudentiae of Academia Sinica of Taiwan on June 2-3, 2006. Taiwan. |
| Researcher : Zheng G |
| List of Research Outputs |
| Zheng G., Academic Editor, 中國書評, China Book Review. 中國書評, Guilin, China, Guangxi Normal University Press, 2005, Pubished quarterly. |
| Zheng G., Chinese Translation of Lon Fuller's Morality of Law. Beijing, Commercial Press, 2005, 309pp. |
| Zheng G., Law and Modernity in Max Weber's Social Theory. Beijig, Law Press China, 2006, 193 pp. |
| Zheng G., Max Weber's Sociological Approach to Law, In: Gao Hongjun and Ma Jianyin, Law in Social Theory: Readings and Comments. Beijing, Tsinghua University Press, 2006, pp.205-226. |