Dept of Law

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
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, Hsu BFC, Tse KS
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., Park J.H., Lejot P.L. and Liu Q., Asia’s Debt Capital Markets: Prospects and Strategies for Development, New York, Springer, 2006, 322.

Arner D.W., Financial Regulatory Reform in post-WTO China, Provisional Contemporary China Studies Council, University of Hong Kong. Hong Kong, 2007.

Arner D.W., Financial Sector Development Strategy 2006-15, National Bank of Cambodia. Phnom Penh, Cambodia, 2006.

Arner D.W., Financial Stability, Economic Growth and the Role of Law, New York, Cambridge University Press, 2007, 344.

Arner D.W., Overview of the draft Financial Sector Blueprint 2006-2015, Public Consultation: Financial Sector Blueprint 2006-2015. Phnom Penh, Cambodia, 2006.

Arner D.W., Booth C., Hsu B.F.C., Lejot P.L., Liu Q. and Pretorius F.I.H., Property Rights, Collateral And Creditor Rights In East Asia, In: Ismail Dalla, East Asia Finance Selected Issues. U.S.A., The World Bank, 2007, 1-42.

Arner D.W., Booth C., Hsu B.F.C. and Lejot P.L., Property Rights, Collateral, Creditor Rights and Financial Development, In: Guido Alpa and Mads Andenas, European Business Law Review. United Kingdom, Kluwer Law, 2006, 17:5: 1215-1240.

Arner D.W. and Wang W., Prospects for an East Asian Economic Community: The Case of Financial Services, Workshop on Governance and Regionalism in Asia, Centre of Asian Studies, University of Hong Kong (8-9 Dec. 2005). 2006.

Arner D.W. and Lejot P.L., Securitization – Concepts and Development in East Asia, ADB Asia Bond Monitor. Manila, Philippines, Asian Development Bank, 2007, 29-63.

Arner D.W., Special Issue on China's Financial Sector Reform, European Business Law Review. London, 2006, 17: 1215-1354.

Arner D.W., Special Issue: WTO and China's Financial Development, China Review. Hong Kong, 2006, 6:2: 1-120.

Arner D.W., Steady as She Goes: Financial Stability in the Asia Pacific Region, The 3rd Annual University Day: A White & Case Legal Seminar. Hong Kong, 2007.

Arner D.W., The Developing Discipline of International Financial Law, International Economic Law – The State and Future of the Discipline. Bretton Woods, USA, 2006.

Arner D.W., The Essential Role of Prudential Enforcement of Effective Rules in Establishing Market Confidence and Enabling Financial Sector Development: Externalities, Information Problems and Transaction Costs, Symposium on ADB-Royal Government of Cambodia Partnership towards an Integrated and Sound Financial System. Phnom Penh, Cambodia, 2007.

Barth J.R., Zhou Z., Arner D.W., Hsu B.F.C. and Wang W., Financial Restructuring and Reform in Post-WTO China , London, Kluwer, 2006, 385.

Barth J.R., Zhou Z., Arner D.W., Hsu B.F.C. and Wang W., Global View: Observations on China’s Banking Laws under the WTO, The China Banker. Beijing, 2006, 93-95.

Barth J.R., Zhou Z.F., Arner D.W., Hsu B.F.C. and Wang W., The WTO and Financial Restructuring in China, In: J. Barth, Z. Zhou, D. Arner, B. Hsu, and W. Wang, Financial Restructuring and Reform in Post-WTO China. United Kingdom, Kluwer Law, 2007, 1-43.

Hsu B.F.C., Arner D.W. and Pretorius F.I.H., Beyond The Basel Accord: Should The Capital Adequacy Ratio Take Account Of The Real Estate Environment In The Hong Kong SAR, In: Steven Meyerowitz, The Banking Law Journal. U.S.A., A.S. Pratt & Sons, 2007, 124:4: 297-308.

Hsu B.F.C., Arner D.W. and Wan Q., Policy Functions As Law: Legislative Forbearance In China's Asset Management Companies, In: Matt Sereratto and Lillian Woung, UCLA Pacific Basin Law Journal. U.S.A., University of California, 2007, 23:2: 129-171.

Hsu B.F.C. and Arner D.W., WTO Accession, Financial Reform And The Rule Of Law In China, In: Wang Shaoguang, China Review. Hong Kong, Chinese University of Hong Kong, 2007, 7:1: 53-80.

Johnstone S. and Arner D.W., Book Review of "Disclosure of Interests in Securities of Hong Kong Listed Companies" by William Mackesy, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 36(3): 665-666.

Lejot P.L., Arner D.W. and Liu Q., Contemporary Markets for Asian Debt Capital Markets Instruments, 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, 2006, na: 62.

Lejot P.L., Arner D.W. and Pretorius F.I.H., Institutional Reform and Economic Development, 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, 2006, 24.

Lejot P.L., Arner D.W. and Liu Q., Policy Concerns and the Value of Regional Markets, In: Douglas Arner, Paul Lejot, Jae-Ha Park, Qiao Liu , Asia's Debt Capital Markets: Prospects And Strategies For Development. Springer, 2006, 36.

Lejot P.L., Arner D.W. and Pretorius F.I.H., Promoting Market Development with Structured Finance and Regional Credit Enhancement, 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, 2006, 26.

Lejot P.L. and Arner D.W., The Role of Law in Hong Kong’s Development as a Financial Hub, Banking and Monetary History Conference: Hong Kong’s Current Challenges in Historical Perspective. Hong Kong, 2007.

Rhee S.G., Lejot P.L. and Arner D.W., Essential Changes in National Law and Regulation, 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, 2006, 36.

Walker G.A. and Arner D.W., Financial Institution Insolvency in the PRC, In: J. Barth, Z. Zhou, D. Arner, B. Hsu & W. Wang, Financial Restructuring and Reform in Post-WTO China. London, Kluwer, 2006, 325-62.

Researcher : Brabyn JM

List of Research Outputs

Brabyn J.M., Protection Against Judicially Compelled Disclosure of the Identity of News Gatherers' Confidential Sources in Common Law Jurisdictions, The Modern Law Review. Oxford, Blackwell Publishing, 2006, 69(6): 895-934.

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.

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
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.

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.

Project Title:	The Making of the Law of Property and the Evolving System of Property Rights in China
Investigator(s):	Chen AHY
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	11/2006

Abstract:

Despite the significant progress made since the early 1980s in the reconstruction of the legal system in China, a comprehensive Civil Code (which would constitute the core of a code-based legal system belonging to the Romano-Germanic family of legal systems – and the PRC’s legal system does belong to this family ) has not yet been enacted by the Chinese legislature. A draft of such a Civil Code was tabled before the Standing Committee of the National People’s Congress (NPC) in December 2002, but no further progress was made since then. The project of the enactment of the Civil Code has been shelved. Instead it was decided to enact first a Law of Property (Wuquan fa), which would form a major component of the Civil Code when the latter is eventually enacted. The government’s current plan is to complete the construction of a comprehensive “system of socialist laws with Chinese characteristics” by 2010. The work on the drafting of the Law of Property began in 1998 after the drafting of the new Law of Contract was completed. Leading scholars of civil law, including Professor Liang Huixing and Professor Wang Liming, were commissioned to produce first drafts of the Law. An official draft was then prepared by the Legislative Affairs Commission of the NPC Standing Committee. By June 2005, the draft had been examined three times at plenary sessions of the NPC Standing Committee. The draft was released for public consultation in July 2005. On the basis of the voluminous feedback received during the consultation exercise, a revised version was prepared. Originally, it was widely expected that the revised version would be enacted into law at the plenary session of the NPC in March 2006. However, the government ultimately decided to postpone the submission of the draft Law of Property to the NPC. It was widely believed that the postponement was prompted by allegations made by a Peking University law professor and supported by other “left-leaning” scholars and intellectuals to the effect that the draft Law was unconstitutional in that it over-emphasized the protection of private property rights at the expense of socialist public property. Despite the postponement, it seems that the draft Law has not been shelved indefinitely, and it is likely that it will be submitted to the NPC in March 2007. The purpose of this proposed research project is to examine the legal issues raised by the draft Law of Property in the light of scholarly discussion on the draft Law during its drafting process in 1998-2006. Such issues include the constitutionality of the draft Law, the scope of the draft Law (e.g. whether it should cover intellectual property), the protection afforded by it to state property and private property respectively, the application of the draft Law to rural land and the special issues raised by such application (e.g. the extent to which rights in rural land may be freely transferred, the extent to which urban residents may acquire such rights, etc), the application of the draft Law to urban land and the special issues raised by such application (e.g. the system of registration of interests in land and in multi-storey buildings), the resumption of land by the state and the compensation payable, and security interests in land and in movable property. One criticism that has been made against the draft Law is that it simply reproduces the German system of property rights. This research project will analyse the system of property rights established by the draft Law and consider the extent to which it reproduces the German model. It will also explore how the making of this Law of Property reflects the changing economic and social circumstances in contemporary China and illustrates the operation of its social, political and legal dynamics.

List of Research Outputs

Chen A.H.Y., Comparative Reflections on Human Rights in Asia, In: Randall Peerenboom, Carole J. Petersen and Albert H.Y. Chen, Human Rights in Asia. London, Routledge, 2006, 487-516.

Chen A.H.Y., Constitutional Adjudication in Post-1997 Hong Kong, Pacific Rim Law and Policy Journal. 2006, 15: 627-682.

Chen A.H.Y., Ideas of Rule of Law in the West: Past And Present, In: Deng Zhenglai (ed), Annals of Research on Western Jurists (in Chinese). Beijing, Peking University Press, 2007, 193-206.

Chen A.H.Y., Menschenrechte made in China, KulturAustausch. 2006, Ausgabe II: 51-53.

Chen A.H.Y., Reflections on Torture in the Past and Present of China and the West, In: Gao Hongjun , Contemporary Reflections on Chinese Legal Civilisation (in Chinese). Beijing, Tsinghua University Press, 2006, 2: 89-114.

Chen A.H.Y., The Path of the Mean and the Legal Practice of One Country Two Systems, Twenty-first Century (in Chinese) . 2007, 101: 22-32.

Chen A.H.Y., The Role of Courts in Society: From the Perspective of Several Recent Cases in Hong Kong, In: Zhu Jingwen , Chinese Jurisprudence Forum (in Chinese). Beijing, Renmin University Press, 2006, 331-345.

Researcher : Cheng TKH

Project Title:	Competition Law in Hong Kong and China.
Investigator(s):	Cheng TKH
Department:	Law
Source(s) of Funding:	Seed Funding Programme for Basic Research
Start Date:	11/2006

Abstract:

The topic of this research proposal is competition law in Hong Kong and China. This is a timely topic as both jurisdictions have moved closer to adopting their first comprehensive competition law. The PRC State Council has reportedly submitted the latest draft of the Anti-Monopoly Law to the National People’s Congress for final contemplation, and the Competition Policy Review Committee (“CPRC”) set up by the HKSAR government released a report in July 2006 recommending that the government adopt an all-sector comprehensive competition law, albeit with more limited in scope than that of competition law in most jurisdictions. Basic competition law principles are well established in large and developed economies such as the U.S. and the European Community. Many jurisdictions that have adopted competition law in recent years have dutifully incorporated these basic principles into their regime. However, some scholars have argued that competition law cannot be transplanted from large and developed economies to other jurisdictions. A small economy like Hong Kong needs to adapt the basic competition law principles to suit its specific conditions, such as high market concentration, prevalence of conglomerates, and significant international trade. China, given its unique economic circumstances, also needs to tailor its competition law to tackle the special problems of its economy. Interference by various levels of government in the market, otherwise known as the abuse of administrative monopoly, is widely acknowledged as the most serious competition problem in China, but is a rare phenomenon in market economies such as the U.S. The existence of an enormous number of state-owned enterprises also presents unique competition problems that require special attention. The purpose of this research project is to examine how Hong Kong and China should adapt basic competition law principles to their respective economies. The research products hopefully will facilitate and improve the enforcement of China’s imminent competition law regime, and will contribute to the debate on whether Hong Kong should adopt a comprehensive competition law and what form the law should take.

List of Research Outputs

Cheng T.K.H., Striking A Balance Between Enforcement Of Antitrust And Intellectual Property Laws In A Developing Country: The Chinese Perspective, Asian IP Law & Policy Day. 2007.

Cheng T.K.H., Striking A Balance Between Merger Control And Industrial Policy In The Developing Country Context, Asian Law Institute Annual Conference 2007.

Researcher : Cheung ASY

Project Title:	A Study of the Law's Response to Domestic Violence Cases in Hong Kong 1996-2006
Investigator(s):	Cheung ASY, Kapai P
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	03/2007

Abstract:

In light of the fact that the HKSAR Government is currently studying possible amendments to the Domestic Violence Ordinance (DVO), it is crucial to examine the law's response to domestic violence in the past decade so as to identify the inadequacies in the system and to move forward in the right direction. In the proposed investigation, law is defined to include the studying of relevant statutes, common law judgments and judicial attitudes (as reflected in the judgments) towards the uses and implementation of the DVO as a means to resolve conflicts in the home, protect the victims or rehabilitate the offenders.The objectives of the investigation are to -1. locate the principal inadequacies in the present DVO and the current legal system ;2. study the Government's proposed amendments;3. identify the reasons for the lack of or inadequate use or inefficient use or invocation of the mechanisms available in the legal system as a suitable response to the acts covered by the DVO or those outside of the DVO which attract criminal sanctions;3. study judicial attitudes as reflected in judgments to identify any discernable patterns of use of the DVO which depict inadequacies in the current mechanisms to address domestic violence;4. pinpoint the difficulties and hurdles faced by victims in the legal process (e.g. the burden of proof; the discrepancy between domestic violence cases and cases between strangers concerning the same type of offence); 5. analyse the data to identify the key problems with the current system for addressing domestic violence and highlight more suitable and effective remedies for domestic violence victims; and6. conlcude with suggestions on amendments to the present DVO in light of the data and analysis. In particular, we will assess whether the data reflects the need for the criminalization of domestic violence in Hong Kong, the need for a compulory arrest and / or prosecution policy and the feasibility of setting up of a domestic violence court.

List of Research Outputs

Cheung A.S.Y., Book Review: Leung Lai Kuen: An Apple Fell Down: A Study of the Apple-fication Phenomenon in Hong Kong Newspapers Industry, International Journal of Communication. USA, University of Southern California, 2007, 1: 81-82.

Cheung A.S.Y., Defamation Law in Hong Kong, Hong Kong Journalists' Association. 2006.

Cheung A.S.Y., Public Opinion Supervision: A Case Study of Media Freedom in China, Columbia Journal of Asian Law. USA, Columbia University, 2007, 20: 357-384.

Cheung A.S.Y. and Kapai P., Settling the Liberalism's Holy War Against the Holy (in Chinese), In: Shantou University and the University of Hong Kong, Law and Religion Conference. 2006, 30.

Cheung A.S.Y., The Business of Governance: China's Legislation on Content Regulation in Cyberspace, Faculty Research Prize, Faculty of Law, University of Hong Kong. USA, New York University, 2007, 38: 1-37.

Cheung A.S.Y., The Business of Governance: China's Legislation on Content Regulation in Cyberspace, New York University Journal of International Law and Politics. USA, New York University, 2006, 38: 1-37.

Cheung A.S.Y., The Regulation of Chinese Women's Sexuality on the Internet, In: Andrew Keyon, Media and Arts Law Review. Australia, Butterworths, 2007, 12: 107-127.

Researcher : Fu H

Project Title:	Public Interest Lawyering in China: A Preliminary Study
Investigator(s):	Fu H
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	12/2006

Abstract:

Numerous commentators have puzzled about the resilience of the One Party State (OPS) within the People’s Republic of China (PRC) and the fact that China’s millennial, autocratic political heritage remains intact. China has had, for over twenty years, the world’s fastest growing major economy. As a result, wealth – and hence a private property owning, “middle class”—have both grown at prodigious rates, in the midst of continuing, massive, comparative and absolute poverty. Most reports indicate that corruption at all levels of society likely has grown at an even more rapid rate. This matrix of economic, social and political conditions, argue many commentators, should be driving the OPS towards some form of political pluralism by now. This is, of course, not happening. Despite the real and potential pressure, China is not collapsing politically. In fact, as the economy continues to grow, it is, at the same time, increasing certain political pressures and generating more political trust among international and domestic political forces. The Chinese Communist Party (CCP) is holding China together. Not unlike China itself, the CCP has also notably changed, operationally, over the last several decades. Admittedly, at its core, the CCP remains faithful to Leninist principles of political-social organization. But within that framework, it has demonstrated both a willingness and ability to try and address the immense social, economic and political problems which have been and are set to remain endemic within the PRC. Political pluralism, if defined as multi-party competition for political power, is not on the table as a possible answer and the CCP is dedicated to preserving and enhancing its pre-eminent political role. The CCP has, however, been actively designing and promoting a number of other options to help China “work” and to bolster CCP durability. One of the boldest initiatives in the last decade has been the reform of the legal profession in the PRC. Today the PRC has a rapidly growing, private legal sector which is taking legal development in some interesting new directions. A little over a decade ago, all lawyers were still civil servants—and there were far fewer of them. The reform of the legal profession in the PRC has taken on a notable momentum of its own but what is fundamental is the way this process of reform was originally initiated from above, by the CCP. It is clear that the PRC lack the real checks and balances found in developed democracies needed to build a culture of public sector accountability. Privatizing the PRC legal profession can be seen, nonetheless, as a major, targeted, “borrowing” from offshore, aimed at trying to build increased accountability within the OPS. Without question, the CCP wants to mange the outcomes of the legal profession privatization so as to buttress its own position. But it is clear the process of privatization has unleashed a range of consequential changes. Private lawyers are organizing as a profession and arguing “their corners” within the OPS with growing vigour. Numbers of lawyers are tackling an ever widening range of issues—drawing new disputes into the legal system. While the legal profession in China, like that elsewhere, is largely profit-driven, a small, but notably increasing, number of private lawyers are developing a keen interest in cases of great social impact. These cases raise public interest concerns –and the OPS is watching events closely. This proposal studies the emergence of the growing group of private lawyers who are developing profiles as public interest lawyers-activists – or cause lawyers as they are known in North America. These are lawyers who advocate interests that are larger than those of their immediate clients who have retained their legal services. Public interest lawyers use individual cases as instruments to serve a larger, public interest. This project is the first step in a series of studies of public interest lawyers in China we are planning, and is intended to map out the basic landscape of public interest lawyers, public interest cases and public interest lawyering. The objectives will be achieved through situating the emerging public interest lawyering in China within a comparative perspective. Public interest lawyering has been popular in many developed and less developed countries, this project explores whether, how and why Chinese public interest lawyering converges or diverges from international/foreign practices. More specifically, the project has the following four objectives: 1) to identify public interest lawyers in China and analyze their personal profiles, particularly their motivation in handling public interest cases; 2) to identify the types of public interest cases that public interest lawyers pursue and the level of specializations among lawyers; 3) to identify and analyze the strategies used by public interest lawyers in handling public interest cases and compare the differences between public interest lawyers and conventional lawyers; 4) to briefly examine the real and potential impact of public interest lawyering in China, government perceptions of public interest lawyers in China, and the process through which public interest lawyers are shaped by, and also shape, China’s political and legal system.

List of Research Outputs

Fu H., Evaluation of Rule of Law Project in China., A Report prepared for the British Foreign and Commonwealth Office.. 2007.

Fu H., Multi-Country Review of Laws and Policies on HIV Testing and Counseling in East Asia and the Pacific, A Country Report : People’s Republic of China , A Report prepared for UNICEF EAPRO, June 2007. 2007.

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., Chapter 2: Economy Papers: China: The RTA Strategy of China: A Critical Visit, THE NEW INTERNATIONAL ARCHITECTURE IN TRADE AND INVESTMENT: CURRENT STATUS AND IMPLICATIONS. Asia-Pacific Economic Cooperation (APEC), 2007, 33-42.

Gao H.S., Chapter I: Synthesis Report, THE NEW INTERNATIONAL ARCHITECTURE IN TRADE AND INVESTMENT: CURRENT STATUS AND IMPLICATIONS. Asia-Pacific Economic Cooperation (APEC), 2007, 9-21.

Gao H.S. and Lapres D. .A., Chapter on Foreign Trade, In: Zhang Yue Jiao and Daniel Arthur Lapres, BUSINESS LAW IN CHINA. Paris, France, International Chamber of Commerce (ICC) Publication, 2007.

Gao H.S., China, WTO and Trade Wars, THE ECONOMIST, ECONOMIST INTELLIGENCE UNIT. 2006.

Gao H.S., China’s Legal Battles in the WTO, In: Jessica Young and Julienne Jen, LAW LECTURES FOR PRACTITIONERS 2006. Hong Kong Law Journal Ltd., 2006, 123-148.

Gao H.S., China’s Participation in the WTO: A Lawyer’s Perspective, SINGAPORE YEAR BOOK OF INTERNATIONAL LAW. Singapore, 2007, 1-34.

Gao H.S., Co-teach the module on “International Trade: China and Japan” with Professor Akio Shimizu from Waseda University Law School. , DUKE UNIVERSITY, SCHOOL OF LAW and HKU FACULTY OF LAW, Asia-American Institute in Transnational Law. 2006.

Gao H.S., Dancing with the Dragon: Impact of China’s Participation in the WTO, The Macau Forum of the Academy of International Trade Law, organized by Institute Of European Studies Of Macau. Macau, 2006.

Gao H.S., Evaluating Alternative Approaches to GATS Negotiations: Sectoral, Formulae and other Alternatives, World Trade Forum 2006 – International Trade in Services: New Perspectives on Liberalization, Regulation, and Development, organized by the World Trade Institute. Berne, Switzerland, 2006.

Gao H.S., Implications of China’s Accession to the WTO, International Conference on Regulating Enterprise: The Regulatory Impact on Doing Business in China, organized by Oxford Foundation for Law, Justice and Society. HK, 2006.

Gao H.S., Lecture on WTO dispute settlement system, Academy of International Trade Law. 2006.

Gao H.S., Lecture on WTO dispute settlement system, WTO Regional Trade Policy Course for Asia Pacific. Singapore, 2007.

Gao H.S., Lecture on WTO, Queen's University International Study Centre. UK, 2007.

Gao H.S., Legal Issues in the Economic Integration Agreements between China, Taiwan, HK and Macau, 两岸四地建立经济整合协定的法律问题, In: Sun Wanzhong, Proceedings of the Cross-Strait Forum on WTO Law. 海峡两岸WTO法律论坛论文集, Beijing, Peking University Press, 2007, 6-31.

Gao H.S. and Choi W. .M., Procedural Issues in the Anti-Dumping Regulations of China: A Critical Review under the WTO Rules, CHINESE JOURNAL OF INTERNATIONAL LAW. London, Oxford University Press, 2006, 5: 663-682.

Gao H.S., Reflections on the Relationship between WTO Negotiations and Dispute Settlement – Lessons from the GATS, In: Yasuhei Taniguchi, Alan Yanovich and Jan Bohanes, THE WTO IN THE TWENTY-FIRST CENTURY: DISPUTE SETTLEMENT, NEGOTIATIONS AND REGIONALISM IN ASIA. UK, Cambridge University Press, 2007, 367-380.

Gao H.S., Report on Capacity Building for The New International Architecture in Trade and Investment, The International Conference on “WTO at the Crossroads: the Challenges Ahead", organized by Asia-Pacific Economic Cooperation (APEC) And The Asian WTO Research Network. Bangkok, Thailand, 2006.

Gao H.S., The Bid Challenge Procedures under the WTO Government Procurement Agreement: A Critical Study of the Hong Kong Experience, 2006 Joint HKU-PKU Conference, organized by Peking University and The University Of Hong Kong. Beijing, China, 2006.

Gao H.S., The Bid Challenge Procedures under the WTO Government Procurement Agreement: A Critical Study of the Hong Kong Experience, PUBLIC PROCUREMENT LAW REVIEW . Sweet & Maxwell, 2007, 211-254.

Gao H.S., The Bid Challenge Procedures under the WTO Government Procurement Agreement: A Critical Study of the Hong Kong Experience, Second International Conference on Policy and Laws of Asia and WTO: Rules, Practices and Policies of Government Procurement, organized by National Taiwan University. Taipei, Taiwan, 2006.

Gao H.S., The Mighty Pen, the Almighty Dollar, and the Holy Hammer and Sickle: An examination of the conflict between trade liberalization and domestic cultural policy with special regard to the recent dispute between the US and China on restrictions on certain cultural products, International Conference on “Culture Diversity under International Trade Regime: Policy and Practices”, hosted by Asian Center for WTO & International Health Law and Policy, College of Law, National Taiwan University, and Council of Cultural Affairs, Executive Yuan, Taipei, Taiwan. 2007.

Gao H.S., The RTA Strategy of China: A Critical Visit, International and Interdisciplinary Conference on "Free Trade Agreements: Where Is the World Heading?", hosted by The Faculty of Law of Bond University and Tim Fischer Centre for Global Trade and Finance. Australia, 2007.

Gao H.S., The RTA Strategy of China: A Critical Visit, Seoul Symposium on “FTAs in Asia and WTO”, hosted by the Korean Society of International Economci Law, Seoul, Korea. 2007.

Gao H.S., The RTA Strategy of China: A Critical Visit, “Do RTAs Lead to Creating New International Architecture in Trade and Investment?”, organized by Institute for International Studies and Training, University of Hawaii and APEC. Hawaii, 2006.

Gao H.S., The WTO Changes China, China Changes the World: A Review at the Fifth Anniversary of China’s WTO Accession, 世贸改变中国，中国改变世界：评中国入世五周年, HONG KONG ECONOMIC JOURNAL MONTHLY. 信报财经月刊, HK, 2006, 357: 22-28.

Gao H.S., The WTO Changes China, China Changes the World, 世贸改变中国，中国改变世界, CHINA ECONOMIC REPORT . 中国经济报告, 2007, 63-67.

Gao H.S., The WTO Dispute Settlement System, HKU/WTO three-month Regional Trade Policy Course for Asia Pacific, World Trade Organization. 2006.

Gao H.S., Visiting Professor, Bond University. 2006.

Gao H.S., Winning a WTO Case based on non-WTO Law: Illusion or Reality?, International Conference on "Trade, WTO and Sustainable Development: A Cause for Concern?", organized by International Islamic University Malaysia, Southeast Asian Council for Food Security and Fair Trade, Education and Research Association of Consumers Malaysia, Federation of Malaysian Consumer Associations and United Nations Development Program (UNDP), Kuala Lumpur, Malaysia. 2007.

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. 2006.

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.

Researcher : Glofcheski RA

List of Research Outputs

Glofcheski R.A., "Is there a Future for Wilkinson v Downton?" , HKU/NUS Conference: the Future of the Common Law in Asia, Hong Kong, December 2006.

Glofcheski R.A., Where Principle Meets Pragmatism: Tort Law in Post-Colonial Hong Kong, In: Neyers, Chamberlain and Pitel, Emerging Issues in Tort law. Oxford, UK, Hart Publishing, 2007, 557-578.

Researcher : Goo SH

List of Research Outputs

Goo S.H., Corporate Governance Mechanisms in China, 'The Asia Pacific Program on Comparative Cross-cultural Dispute Resolution Research’ organized by the Institute of Asian Research, UBC and the Shanghai Academy of Social Sciences, Nov 10-11, 2006.. 2006.

Goo S.H., Section Editor (Hong Kong, Singapore & Malaysia), Company and Securities Law Journal (Australia): December 2006 - . 2006.

Goo S.H., comments as panelist, 5th Biannual Corporate Governance Conference 2006, “Corporate Governance Reform: Adding Value?”, 13 and 14 October 2006, HKICS. 2006.

Merry M.J. and Goo S.H., Landlord and Tenant, Halsbury's Laws of Hong Kong. Hong Kong, Butterworths, 2007, 17(1): 522.

Researcher : Gu W

List of Research Outputs

Gu W., Arbitration Commissions in China, American Arbitration Association, Young & International Arbitrators Guest Talk on Institutional Arbitration, New York. New York, United States, 2007.

Gu W., Commercial Arbitration In China, Fordham University, School of Law, Luncheon Talk by Fulbright Scholar, New York. New York, United States, 2007.

Gu W. and Zhang X.C., The China-style "commission-oriented" Competence On Arbitral Jurisdiction: Analysis Of Chinese Adaptation Into Globalization, International Arbitration Law Review. London, Sweet & Maxwell, 2006, 9: 185-200.

Researcher : Hannum H

List of Research Outputs

Hannum H., Autonomy as a Tool of Conflict Resolution, International Conference on One Country, Two Systems, Three Legal Orders -- Perspectives of Evolution, organised by Macao International Law Office, Macao Legal and Judicial Training Centre, and INstitute of European Studies of Macao. 2007.

Hannum H., Democracy - Panacea or Pandora's Box?, Hong Kong Lion's Club, joint dinner. 2007.

Hannum H., Democratisation and Democratic Rights in the Asia-Pacific Region, LAWASIA 2007.

Hannum H., Letter to the Editor, "False fears mar the democracy debate", South China Morning Post. 2007.

Hannum H., Letter to the Editor, "How to Remember", International Herald Tribune. 2006.

Hannum H., Letter to the Editor, "Kosovo's future", Inrternational Herald Tribune. 2007, 9.

Hannum H., Letter to the Editor, "Terrorism won when America declared holy war", South China Morning Post. 2006.

Hannum H., Letter to the editor, "EU wants to get rid of the Balkans", International Herald Tribune. 2007.

Hannum H., Letter to the editor, "Morocco and Western Sahara", International Herald Tribune. 2007.

Hannum H., Letter to the editor, "No simple solutions", South China Morning Post. 2006.

Hannum H., Letter to the editor, "Realities of making peace", Financial Times. 2007.

Hannum H., Op-ed article, "A Better Plan for Kosovo", Christian Science Monitor. 2007.

Hannum H., Panelist, Conference Hong Kong's Race Discrmination Bill in International and Comparative Perspective, Faculty of Law, HKU. 2007.

Hannum H., Peace versus Justice: Creating Rights as well as Order out of Chaos, International Peacekeeping. 2006, 13: 582-595.

Hannum H., Reforming the Special Procedures and Mechanisms of the Commission on Human Rights, Human Rights Law Review. Oxford, 2007, 7: 73-92.

Researcher : Ho LKS

Project Title:	Traditional rights of the New Territories indigenuous inhabitants and the Bill of Rights
Investigator(s):	Ho LKS, Chan JMM
Department:	Law
Source(s) of Funding:	Other Funding Scheme
Start Date:	06/1993

Abstract:

To investigate the nature and scope of the succession right of the New Territories indigenuous inhabitants to Tsos and Tongs and the compatibility of the preservation of these rights with the Bill of Rights.

List of Research Outputs

Ho L.K.S. and Lee P.W., A Director's Liberty to Compete, Journal of Business Law. London, Sweet & Maxwell, 2007, 98-103.

Ho L.K.S., Ch 16, China, In: Johan Glasson, Geraint Thomas, The International Trust 2nd Ed (jordan: London, 2006). London, Jordan, 2006, 825-838.

Ho L.K.S., Wang H. and Zhou Y., Contract Or Trust: Examining The First Trust Decision Of The Chinese Courts, Trust Quarterly Review. London, STEP, 2007, 5, issue 1: 11-14.

Ho L.K.S., Honorary Advisor, China Academy of Wealth Planning and Management. 2007.

Ho L.K.S., The Development of Trust Law and the Corporate Trustee in China: Concerns and Opportunities, Hong Kong Trustees Association. 2006.

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

Jackson M.I., Supplement to Chapter 18: Strict Liability, Archbold Hong Kong (1st edn.), 2006, Sweet & Maxwell Asia., 2006.

Researcher : Johnstone S

List of Research Outputs

Johnstone S. and Arner D.W., Book Review of "Disclosure of Interests in Securities of Hong Kong Listed Companies" by William Mackesy, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 36(3): 665-666.

Researcher : Kapai P

List of Research Outputs

Cheung A.S.Y. and Kapai P., Settling the Liberalism's Holy War Against the Holy (in Chinese), In: Shantou University and the University of Hong Kong, Law and Religion Conference. 2006, 30.

Researcher : Lee RWC

Project Title:	Whose side are they on? Developing a concept of "fiduciary loyalty" for corporate directors in the context of the Chinese business culture
Investigator(s):	Lee RWC, Ho LKS
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	09/2006

Abstract:

In the wake of Enron Corporation and WorldCom Inc's scandalous collapses, the world has turned its eye on whether there has been huge failing in corporate directors' fiduciary duties towards their shareholders. Unfortunately, corporate scandals do not only exist on the other side of the Atlantic. Indeed, reports about misuse of shareholder funds and abuse of corporate position involving high-profile mainland enterprises (and often listed on the Hong Kong Stock Exchange) are increasingly unfolded - the recent collapse of Ocean Grand Holdings Limited is a case on point. The situation is alarming: "Two former top executives of Skyworth Digital Holdings, one of China's biggest television makers, were yesterday found guilty of stealing $70 million in cash and stock options from the Hong Kong-listed firm and sister companies." (South China Morning Post, 8 July 2006)"Companies doctoring the books and accounting firms that falsify reports on behalf of their clients have been more the rule than the exception in Asia. … One in 10 publicly traded companies in China have doctored their books, the Chinese Securities Regulatory Commission said …" (Taipei Times, 18 July 2002)Not only do corporate malpractices erode corporate earnings and public confidence, they will also ultimately bring our legal system into disrepute. Measures such as improved disclosure requirements and enforcement standards have been introduced under the rubric of the concept of "corporate governance". All these aim at making directors take their responsibilities as a fiduciary more seriously. Company directors do not only owe duties as agents of the companies, they also owe fiduciary duties breach of which attracts a wider range of remedies available in the equity armoury, including gain-stripping remedies. In this regard, the long-awaited new PRC Company Law, which took effect on 1 January 2006, is a welcome attempt to cultivate a more favourable investment regime. The new Company Law introduced, for the first time, provisions equivalent to common law fiduciary duties. Specifically, Article 148 of the new Company Law imposes a "duty of loyalty and diligence" on corporate directors and the senior management. Besides, Article 149 sets out a detailed list of prohibited activities to bring fiduciary standards in mainland China up with global corporate goverance trends. However, the transplantation of "fiduciary loyalty" to mainland China may be problematic, for the following reasons. First, it is extremely difficult to introduce fiduciary rules overseas that have been developed by centuries of case law into a civil law country by the stroke of a legislative pen. Second, the Chinese business mentality is very much dominated by "guanxi" or "relationships". Businesses are developed and cultivated around one's network of relationships. All these are inimical to the prescriptive fiduciary rules that emphasise disclosure of conflicts of interests, abstinence from transactions with affiliated parties, and compliance with complicated formal procedures for approval, to name but a few. Third, lack of judicial knowledge and perhaps impartiality in the disposition of disputes concerning fiduciary duties, especially where state-owned enterprises are concerned. Given these problems, the objectives of this project are: (1) to look into meaning of "fiduciary loyalty", with a view to formulating and recommending a view that reduces doctrinal uncertainties surrounding this concept; and (2) to formulate a concept of "fiduciary loyalty" for mainland China through: a. assessing the extent to which the concept of "fiduciary loyalty" is apposite in mainland China; b. comparing fiduciary law in mainland China with that in Hong Kong and other common law jurisdictions; c. devising detailed and concrete fiduciary rules that suits Chinese characteristics without compromising the fiduciary concept.

List of Research Outputs

Lee R.W.C., "Causation and Breach of Fiduciary Duty", Singapore Journal of Legal Studies. 2006, 488-504.

Lee R.W.C., "Dishonesty and Bad Faith after Barlow Clowes: Abou-Rahmah v Abacha", Journal of Business Law. 2007, 209-213.

Lee R.W.C., "Establishing Factual and Legal Causation in a Fiduciary's Liability to Account for Profits", Hong Kong Law Journal. 2006, 443-459.

Lee R.W.C., "Fiduciary Duty without Equity: Fiduciary Duties of Directors under the Revised Company Law of the PRC", Peking U – HKU Legal Research Centre Annual Conference, Peking University. 2006.

Lee R.W.C., "In Search of the Nature and Function of Fiduciary Loyalty: Some Observation on Conaglen's Analysis", Corporate Law Teachers Association Conference 2007: Corporate Law and Corporate Governance: Stocktaking on Compliance and Enforcement, Deakin University. 2007.

Lee R.W.C., "Overview of the Framework Governing Charities in Hong Kong", International Symposium on Charity Legislation of the People's Republic of China, Ministry of Civil Affairs of the PRC. 2007.

Lee R.W.C., Legal Liabilities of NGOs under Different Governing Ordinances, "Leading your NGO" Seminars (training workshops for CEOs of NGOs) organised by the Social Welfare Department, Hong Kong. 2007.

Lee R.W.C., In: Jessica Young & Rebecca Lee, The Common Law Lecture Series 2005. Hong Kong, Faculty of Law, The University of Hong Kong, 2006, 109.

Researcher : Lejot PL

List of Research Outputs

Arner D.W., Park J.H., Lejot P.L. and Liu Q., Asia’s Debt Capital Markets: Prospects and Strategies for Development, New York, Springer, 2006, 322.

Arner D.W., Booth C., Hsu B.F.C., Lejot P.L., Liu Q. and Pretorius F.I.H., Property Rights, Collateral And Creditor Rights In East Asia, In: Ismail Dalla, East Asia Finance Selected Issues. U.S.A., The World Bank, 2007, 1-42.

Arner D.W., Booth C., Hsu B.F.C. and Lejot P.L., Property Rights, Collateral, Creditor Rights and Financial Development, In: Guido Alpa and Mads Andenas, European Business Law Review. United Kingdom, Kluwer Law, 2006, 17:5: 1215-1240.

Arner D.W. and Lejot P.L., Securitization – Concepts and Development in East Asia, ADB Asia Bond Monitor. Manila, Philippines, Asian Development Bank, 2007, 29-63.

Lejot P.L., Arner D.W. and Liu Q., Contemporary Markets for Asian Debt Capital Markets Instruments, 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, 2006, na: 62.

Lejot P.L., Cover Up! Hong Kong's Regulation of Exchange-traded Warrants, In: R. Glofcheski & A.H.Y. Chen, Hong Kong Law Journal. Hong Kong, Thomson, Sweet & Maxwell Asia, 2006, 36:2: 277-308.

Lejot P.L., Arner D.W. and Pretorius F.I.H., Institutional Reform and Economic Development, 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, 2006, 24.

Lejot P.L., Arner D.W. and Liu Q., Policy Concerns and the Value of Regional Markets, In: Douglas Arner, Paul Lejot, Jae-Ha Park, Qiao Liu , Asia's Debt Capital Markets: Prospects And Strategies For Development. Springer, 2006, 36.

Lejot P.L., Arner D.W. and Pretorius F.I.H., Promoting Market Development with Structured Finance and Regional Credit Enhancement, 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, 2006, 26.

Lejot P.L., Board J. and Wells S., Reforming China's Bond Market: Development Prospects and the Effects of Corporate Behaviour, 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, 2006, 30.

Lejot P.L. and Arner D.W., The Role of Law in Hong Kong’s Development as a Financial Hub, Banking and Monetary History Conference: Hong Kong’s Current Challenges in Historical Perspective. Hong Kong, 2007.

Pretorius F.I.H., Lejot P.L. and Loo G., Politics, Institutions and Project Finance: The Dabhol Power Project , Asia Case Research Centre. Hong Kong, The Business School, The University of Hong Kong, 2006, Ref: 07/335C.

Rhee S.G., Lejot P.L. and Arner D.W., Essential Changes in National Law and Regulation, 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, 2006, 36.

Researcher : Leng J

Project Title:	Corporate Governance Reform of China's Banking System: In the Context of Globalization and Transition
Investigator(s):	Leng J, Arner DW
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	01/2007

Abstract:

1. Purpose for undertaking the projectThe purpose for undertaking this project is closely associated with a careful assessment of the research team that despite some notable previous research on China's banking system during early years of reform, serious and comprehensive empirical research on China's latest banking reform is currently lacking in the fields of both law and finance, except for some scattered discussions that appear largely in the news media. New timely research is urgently needed to canvass the unique dynamics and trmendous implications of China's latest round of banking reform that has been undertaken over the past few years. Particularly, in-depth research on corporate governance reform in China's banking system is currently scanty compared to the rich and still growing volume of similar research on Chinese listed companies. This dificiency in research is lamentable, given the widely shared consensus among China's policy and academic circles that the establishment of effective corporate governane mechanisms is the key to transforming China's banks from quasi government agencies to truly commercial entities operating on incentives and market basics. The proposed project aims for filling this gap. Specifically, the project aims at achieving the following purposes:o Conduct an in-depth empirical research on the progress of China's latest banking reform over the past few years, especially corporate governance reform in the banking sector. Issues under investigation will include the background and reasons of reform, specific reform initiatives and their effects (including both positive achivements and remaining problems), controversies sorrounding certain refrom measures and regulatory moves, potential challenges ahead, and prospective future reform direction and strategy. This woud contribute to curren academic research on China's economic transition and financial reform in the context of globalization, especially regarding the unique dynamics as well as challenges of China's transition to a market economy in the presence of a weak financial system.o Present a comprehensive overview of how China has proceeded with its banking reform so rapidly just over a period of several years. This would help both international investors and foreign banks obtain a closer look at the internal workings and potential prospects of China's banking sector when they consider investing in, or competing with, China's banks as the country fully opens its banking sector by the end of 2006 under its WTO commitments.o Provide policy recommendations on the future reform strategy for China's banking reform. This would add new intellectual input to the ungoing discourse both within and outside China about how to sustain the growth trend of China's economy by fixing its banking sector. 2. Key issues and problems to be addressedThe following key issues and problems will be addressed in this project:o The causes and severity of the non-performing loans (NPLs) problem in China's banking sector and the urgency of China's banking reform;o The measures implemented by the Chinese government to dispose of the NPLs and their effects;o The recapitalization of the "big four" state-owned banks through government bail-outs, as well as the debate over "transition costs" and "paying for a modern banking system" in the process of China's banking reform involving government bail-outs;o Financial and shareholding restructuring and corporate governance reforms in China's banking sector;o Egregious corporate governance failures at the "big four" and their domestic and international repercussions;o The preparations and completion of the initial public offerings of three of the "big four" banks and their implications for the prospects of China's banking reform;o Future strategy and direction of China's banking reform.

List of Research Outputs

Leng J., "China's Banking Reform in the Context of Globalization and Transition", European Business Law Review . Netherland, 2006, 17(5): 1271-1302.

Leng J., "The Emerging CSR Discourse in China", CSR Asia Weekly . Hong Kong, 2006, volume 2, week 37: 8-9.

Leng J., "The Interaction between Domestic and Overseas Capital Markets and Corporate Governance of Chinese Listed Companies", In: Joseph J. Norton & Jonathan Rickford, book chapter in Corporate Governance Post-Enron: Comparative and International Perspectives. UK, BIICL (British Institute of International & Comparative Law), 2006, 273-339.

Leng J., "The Politics and Dynamics of Chinese-Style Privatization: A Case Study of Institutional Development in Property Rights Regimes", International Conference on “Culture, Conflict, and Constitutionalism: The Global Debate about Property Rights”, 19-20 May 2007, Beijing. Beijing, China, PKU Law School & Cornell University Law School, 2007, 1-39.

Leng J., "The Role of Formal Contract Law and Enforcement in China’s Economic Development", The 8th Annual Conference of PKU-HKU Legal Research Centre, 27-28 October 2006, Beijing. Beijing, China, 2006.

Leng J., Conference presentation, "Mechanisms of Contract Enforcement and Dispute Resolution in Civil and Commercial Matters in China during Transition: The Dilemma of ‘Harmony’", International Symposium on “Rule of Law and A Harmonious Society”, 24 March 2007, Chengdu, China. Chengdu, China, organized by U.S. China Law Society & Sichuan University, 2007.

Leng J., Executive editor, Hong Kong Law Journal. Hong Kong, 2006.

Leng J., Panelist for session of "PRC Update", International Conference on "Corporate Governance Reform: Adding Value?", organized by HKICS, 13-14 October 2006, Hong Kong. Hong Kong, HKICS, 2006.

Leng J., Panelist, Roundtable Discussion on "Property Rights: Global Issues, Chinese Perspectives", held at School of Law, Chinese University of Hong Kong, 29 May 2007, Hong Kong. Hong Kong, 2007.

Leng J., invited lecture, "Contemporary Issues in Corporate Governance: Listing on Mainland Companies in Hong Kong", Chuo University (Japan) Hong Kong Programme, 2 February 2007. Hong Kong, 2007.

Leng J., invited lecture, "The Emerging CSR Discourse in China", Risky Business? Corporate Governance in Asia 2006 Conference, 25-26 September 2006 . CSR Asia, 2006.

Trebilcock M. and Leng J., "Formal Contract Law and Enforcement In Economic Development", Virginia Law Review. USA, 2006, 92: 1517-1580.

Researcher : Lewis DJ

List of Research Outputs

Lewis D.J., Who's Who In The World (2007), In: Marquis Who's Who , Marquis Who's Who . New Providence, NJ, USA, Marquis Who's Who, 2007, 24th Edition.

Researcher : Li Y

Project Title:	Patent protection for biotechnology in China
Investigator(s):	Li Y, Guan XY
Department:	Law
Source(s) of Funding:	Competitive Earmarked Research Grants (CERG)
Start Date:	12/2003

Abstract:

To examine the problems in Chinese patent systems that are undermining the development of biotechnology in China; to propose ways in which improvements can be made; to analyze TRIPS rules relating to biotechnology to see whether Chinese patent law is complimentary to the requirements of WTO, and to suggest possible adjustments; to investigate the trend of patent application for biotechnology to find the correlations between patent protection and biotechnology innovation in China, and therefore, to propose adequate application process to encourage more innovations; to analyze the costs and benefits in linking Hong Kong and China's distinctive systems, and to propose ways in achieving the linkage.

List of Research Outputs

Li Y., Biotechnology, Patent and Chinese Innovative Culture, International Conference on Contemporary China Studies, organized by Provisional Contemporary China Studies Council, the University of Hong Kong. 2007.

Li Y., From Imitation to Innovation: the Role of Patent in China's Pharamaceutical Industry, Intellectual Property in Hong Kong and Mainland China, Best Practices and International Impact, orgainzed by Hong Kong Science & Technology Park and Office of the European Commission in Hong Kong and Macau.. 2007.

Li Y., Human Gene Patenting and its Implications to Medical Research, In: Peter Yu, Intellectual Property and Information Wealth . US, Praeger, 2006.

Li Y., The Fate of Harvard Onco-Mouse: The Trend of International Patent Protection and China's Choice, 哈佛鼠的命运：国际专利保护的趋势与中国的选择, Journal of Science-Technology & Law . 科技与法律, Beijing, Journal of Science-Technology & Law Editorial Dept., 2006.

Researcher : Linton S

List of Research Outputs

Linton S., Accounting for Atrocities in Indonesia, Singapore Year Book of International Law 2006. 2007, X: 199-231.

Researcher : Lo PY

List of Research Outputs

Lo P.Y., Levitating Unconstitutional Law, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 36(3): 433-442.

Researcher : Loper KA

List of Research Outputs

Loper K.A., Representations of Refugees in Hong Kong Law, Policy and Public Discourse, Representation and Displacement: Refugees, IDPs and Stateless Persons in State and Nation Refugee Studies Centre, Oxford. 2007.

Loper K.A., Submission on Hong Kong’s International Legal Obligations toward Refugees and Asylum Seekers for Consideration at the Joint Meeting of the Legislative Council Panels on Welfare Services and Security on the Situation of Asylum Seekers, Refugees and Claimants against Torture in Hong Kong, Centre for Comparative and Public Law. 2006, 16pp.

Researcher : Low FK

List of Research Outputs

Low F.K., Book Review: "The Transfer of Property in the Conflict of Laws by Janeen M Carruthers", Singapore Year Book of International Law. 2006, 2006.

Low F.K., Book Reviews: "International Sale of Goods in the Conflict of Laws by James Fawcett el al", Singapore Year Book of International Law. 2006, 2006.

Low F.K., Unjust Enrichment & Proprietary Estoppel: Two Sides of the Same Coin?, In: Francis Rose, Lloyd's Maritime and Commercial Law Quarterly. 2007, 2007: 14-18.

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.

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.

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., Conflict of Laws: Enforcing a Judgment on a Judgment, Australian Law Journal. Sydney, Australia, Thomson Lawbook Co (Australia), 2007, 81: 349-353.

Smart P.S.J., Corporate Governance: Hong Kong Reflections, LAWASIA, 20th Biennial Conference, 6-8 June 2007. 2007.

Zhang X.C. and Smart P.S.J., Development of Regional Conflict of Laws: On the Arrangement of Mutual Recognition and Enforcement of Judgements in Civil and Commercial Matters between Mainland China and Hong Kong SAR, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 36(3): 553-584.

Researcher : Stone JS

List of Research Outputs

Young S.N.M. and Stone J.S., Civil Forfeiture for Hong Kong? A Discussion Paper of the Hong Kong Civil Forfeiture Project. Hong Kong, Centre for Comparative and Public Law, 2006, 69 pp.

Researcher : Sunga LS

Project Title:	The normative and institutional interplay between international human rights law and practice and the emerging system of international criminal law and justice
Investigator(s):	Sunga LS
Department:	Law
Source(s) of Funding:	Research Initiation Programme
Start Date:	03/2002

Abstract:

To study the impact on inevitable interplay between international human rights and international criminal law and implementation.

Researcher : Tai BYT

Project Title:	LawOf: a legal community
Investigator(s):	Tai BYT
Department:	Law
Source(s) of Funding:	The University of Hong Kong Foundation Seed Grant
Start Date:	04/2002

Abstract:

To study LawOf: a legal community.

Project Title:	Web-based learning tools for law
Investigator(s):	Tai BYT
Department:	Law
Source(s) of Funding:	Leung Kau Kui Research and Teaching Endowment Fund - Teaching Grants
Start Date:	01/2003

Abstract:

To develop a series of web-based learning tools for law teachers and students.

Researcher : Tiba FK

List of Research Outputs

Tiba F.K., What Caused the Multiplicity of International Courts and Tribunals?, Gonzaga Journal of International Law. Gonzaga Journal of International Law, 2006, 10(2): 202-225.

Researcher : Wang W

List of Research Outputs

Arner D.W. and Wang W., Prospects for an East Asian Economic Community: The Case of Financial Services, Workshop on Governance and Regionalism in Asia, Centre of Asian Studies, University of Hong Kong (8-9 Dec. 2005). 2006.

Researcher : Xue H

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., China's Prospective on WIPO Development Agenda, Intellectual Property and Developing Countries: The WIPO Development Agenda. Los Angeles, University of California in Los Angeles, 2007.

Xue H., Chinese Intellectual Property Review in Post WTO Time, EDGE Network (Emerging, Dynamic, Global Economies) Inauguration Congress and Workshop. Ottawa, University of Ottawa, 2006.

Xue H., Digital Right Management in Asia, Asian Regional Conference on Intellectual Property Rights, Innovation and Health - Creating a Culture of Innovation for Pharmaceuticals and Biotechnology in Asia . Singapare, Intellectual Property Academy of Singapore, 2006.

Xue H., Internet Copyright Protection--An Update, 2006 Congress of International Association for the Advancement of Teaching and Research in Intellectual Property. Parma, Itay, International Association for the Advancement of Teaching an, 2006.

Xue H., Prize Paper Awards for National Intellectual Property Strategy, In: Expert Review Committee, State Intellectual Property Office of China. Beijing, 2006.

Researcher : Yap PJ

Project Title:	Constitutional Review of the Basic Law: The Rise, Retreat and Resurgence of Judicial Power in Hong Kong
Investigator(s):	Yap PJ
Department:	Law
Source(s) of Funding:	Seed Funding Programme for Basic Research
Start Date:	11/2006

Abstract:

Our appellate courts in Hong Kong are facing a jurisprudential crisis. Chastised by the Mainland government for judicial over-reach in Ng Ka-Ling, where the Court of Final Appeal unabashedly declared the power to review the constitutionality of both Hong Kong and legislative acts of the National People’s Congress, the courts meekly retreated into legal oblivion but only to draw the contempt and chagrin of human right activists and academic commentators. Hong Kong courts have an unenviable task of safeguarding enshrined human rights in the autonomous province whilst tending to the political sensitivities of the Central government in China. If the Hong Kong courts are too aggressive in defending the rights of the oppressed minority, they may only incur a backlash that takes the form of an Interpretation from the NPC or even an amendment of the Basic Law. On the other hand, if they are too indulgent on the HKSAR government, the Basic Law would be reduced to a mere hollow shell that only protects constitutional rights on paper but not in practice. The fundamental jurisprudential question facing our appellate courts today is how they can seek to preserve the role of our third branch of government as the bulwark of fundamental liberties whilst quelling any concerns from the Mainland that Hong Kong judiciary if left unleashed would turn our Island into another “renegade province” in the South. Given these problems, this project seeks to: (1) Trace the jurisprudence of the Court of Final Appeal and Court of Appeal in Hong Kong, and in the process track the changes in the judicial attitudes toward the checking of legislative and executive excesses. (2) Conceive and construct a constitutional theory whereby Hong Kong courts in observance, can maintain its role as an independent arbiter between the people and their government and at the same time recognize the sovereignty of the National People’s Congress whilst preserving Hong Kong’s sacred mantra of One Country, Two Systems.

List of Research Outputs

Yap P.J., 10 Years of the Basic Law: The Rise, Retreat and Resurgence of Judicial Power in Hong Kong , "Voices from Asia for a Just and Equitable World", Asian Law Institute. Indonesia, Jakarta, 2007.

Yap P.J., 10 Years of the Basic Law: The Rise, Retreat and Resurgence of Judicial Power in Hong Kong , In: Professors David Clarke and Keith Stanton Faculty of Law University of Bristol , Common Law World Review. United Kingdom, Vathek Publishing, 2007, 36(2): 26.

Yap P.J., Articles Editor, Hong Kong Law Journal . Sweet & Maxwell, 2007.

Yap P.J., Interpreting the Basic Law and the Adjudication of Politically Sensitive Questions , VII World Congress Of Constitutional Law, International Association of Constitutionalists . Greece, Athens, 2007.

Yap P.J., Making Sense of Trade Mark Use: Proposals for Hong Kong , "The Common Law in Asia", NUS/HKU . Hong Kong, 2006.

Yap P.J., Rethinking Constitutional Review in America and the Commonwealth: Judicial Protection of Human Rights in the Common Law World, In: University of Georgia, Faculty of Law, USA, (2006) 35 Georgia Journal of International and Comparative Law 99- 143. USA, University of Georgia, 2006, 35(1): 45.

Yap P.J. and Ramraj V., Singapore , In: Gerhard Robbers , Encylopedia of World Constitutions . Facts on File Inc, 2006, 7.

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.

Project Title:	The first decade of Hong Kong's court of final appeal
Investigator(s):	Young SNM, Ghai YP
Department:	Law
Source(s) of Funding:	Competitive Earmarked Research Grants (CERG)
Start Date:	01/2007

Abstract:

(1) To study and assess the development of law by the Court of Final Appeal (CFA) in the first decade of the Hong Kong Special Administrative Region (HKSAR) and the Basic Law of the HKSAR (1997-2007). (2) Developments in the common law of Hong Kong and specific areas of law (including constitutional, public and private law) will be studied: (i) to understand how and why the developments have occurred; (ii) to identify common and conflicting values, principles, and approaches to legal reasoning (eg value placed on precedent, deference paid to the legislature and executive, etc.); (iii) to determine whether a distinctive body of Hong Kong jurisprudential principles has developed. (3) Differentiated attention will be paid to the decision-making of the permanent, non-permanent, and visiting judges of the CFA. (4) The last decade (1987-1997) of Hong Kong Privy Council (PC) cases will be used as a frame of reference for assessing historical development. (5) Comparative insights from the Macao Court of Final Appeal and other countries will also be sought.

List of Research Outputs

McWalters I., Young S.N.M. and Blanchflower M., "Bribery, Corruption and Organized Crime", Halbury's Laws of Hong Kong, vol 3 (2007 reissue). Hong Kong, LexisNexis, 2007, 3: 213-429.

Young S.N.M., A Hong Kong Perspective and Book Review of Declan McGrath, Evidence, Dublin: Thomson Round Hall, 2005, 728 pp, hb euro 350, International Commentary on Evidence. The Berkeley Electronic Press, 2007, 5: 7 pp.

Young S.N.M., Basic Law Drafting History Online (http://sunzi1.lib.hku.hk/bldho/), a free online database of the documents related to the drafting history of Hong Kong's constitution, a joint project of the Centre for Comparative and Public Law and HKU Libraries. Hong Kong, 2006.

Young S.N.M. and Stone J.S., Civil Forfeiture for Hong Kong? A Discussion Paper of the Hong Kong Civil Forfeiture Project. Hong Kong, Centre for Comparative and Public Law, 2006, 69 pp.

Young S.N.M., Concerning the Common Saying "[Law Depends on the Evidence]" and the Reform of Criminal Hearsay and Recent Complaint in Hong Kong, In: M Cheng, J Jen & J Young, Law Lectures for Practitioners 2006. Hong Kong, Hong Kong Law Journal Limited, 2007, 149-173.

Young S.N.M., Faculty of Law Research Output Prize 2006, Faculty of Law, University of Hong Kong. 2006.

Young S.N.M., Fundamental Rights and the Basic Laws of the Hong Kong and Macau Special Administrative Regions, 'One Country, Two Systems, Three Legal Orders' - Perspectives of Evolution Conference, Macau, 4-7 Feb 2007. 12 pp.

Young S.N.M., Overview of the Law of Double Jeopardy in Hong Kong, Paper for the Hong Kong Law Reform Commission Subcommittee on Double Jeopardy. Hong Kong, 2006, 5 pp.

Young S.N.M., The Essential Statutes on Hong Kong Criminal Law and Procedure 2007/2008. Hong Kong, LexisNexis, 2007, 767 pp.

Researcher : Yu G

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.

Project Title:	Family Law Reform in China: An Economic Perspective
Investigator(s):	Yu G
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	11/2006

Abstract:

This research project is to critically assess the current status of the Chinese law related to marriage and divorce. Similar to the laws in the West, the Chinese law on marriage and divorce has undergone significant changes during the last couple of decades. Under the current law, there is a distinction on the divorce rights of a married couple. If they choose to get a divorce through mutual consent, they can simply go to the Marriage Registration Office to register a divorce provided they have reached agreements on the dividion of property, custody and support of childrean. In contrast, if the couple is not able to reach mutual agreements, one of the parties has to bring an action in a court of law. In the later case, court approval of divorce is based on the condition whether there is permanent marriage breakdown (actually called breakdown of the emontion of the marriage). Criteria used to determine the permanent marriage breakdown include factors similar to the fault requirement in the West under the old law or a separation for two years. With respect to alimony, there is no clear provision on whether the spouse who made family-specific investment such as taking care of the child and/or the other spouse is entitled to compensation from the other for the loss of income resulting from the reduced earning capacity as a consequence of the marriage. Such a spouse can only make a claim with respect to a larger share in the division of tangible property (article 39 of the Marriage Law) or with respect to the future income of the other spouse in the case of a prenuptial agreement which has clearly separated the property between them and the division of property in no way takes into account of that sopuse's family specific investment. Aonther aspect of the current Chinese law is to require one of the divorced spouses to provide compensation to the other spouse (wife) simply on the ground that the wife has financial difficulties regardless of whether such difficulties are a natural consequence of the marriage such as engaging in marriage specific investment. This research projects will use an economic perspective to analyse the problems under the current law of marriage and divorce in China. Building on Trebilcock (1991), the investigator will examine the background legal rules to see whether they naturally reflect what rational people or risk averse people would choose had they paid attantion to these issues before the marriage. Specifically, the investigator will examine whether the current law has provided enough choices such as cohabitation, normal marriage (unilaterl divorce without the proof of fault), and more restrictive marriage (the divorce required the compliance with more restrictive conditions) from a signalling standpoint (Bishop, 1984). The investigator will also use concepts like transaction-specific failures to examine identified isues such as the the right to alimony, the custory and/or support of the child, the proper scope of prenuptial agreemetns and separation agreements (Ellman, 1989; Cohen, 1987, Bring and Crafton, 1994, Scott and Scott, 1999). Using the concept of post agreement contingencies, the investigator will examine the circumstances under which judicial reopening of the prenuptial agreements or separation agreements many years after the divorce can be justified. (Trebilcock, 1991).References:William Bishop, "Is He Married?" Marriage as Information", 34 University of Toronto Law Journal 24 (1984).Michael Trebilcock, "The Role of Private Ordering in Family Law: A Law and Economics Perspective", 41 University of Toronto Law Journal 533 (1991).Margaret Bring and Steve Crafton, "Marriage and Opportunitism", 23 Journal of Legal Studies 869 (1994).Lloyd Cohen, "Marriage, Divorce, and Quasi Rents; Or, "I Gave Him the Best Years of My Life", 24 Journal of Legal Studies 267 (1987).Ira Ellman, "The Theory of Alimony", 77 California Law Review 3 (1989).Elizabeth Scott and Robert Scott, "A Contract Theory of Marriage" in F. Buckley ed., The Fall and Rise of Freedom of Contract (Durham: Duke University Press, 1999) at 201.

List of Research Outputs

Yu G., "Marriage Law Reform in China: An Economic Perspective", a paper presented at the 2007 Law and Economics Forum in Zhongshan University, Guangzhou on May 13-14. 2007.

Yu G., "Protection of Minority Shareholders and Implications to China's Capital Market Development", an invited lecture delivered at the School of Law of Shanghai University of Finance and Economics on May 31. 2007.

Yu G., "State Ownership of Large Companies in China and the Protection of the Rights of Capital Suppliers", a paper presented at the International Conference on Business, Law and Technology Issues in Demark on December 6. 2006.

Yu G., Comparative Corporate Governance in China: Political Economy and Legal Infrastructure. Routledge, 2007.

Yu G., Economic analysis of Law, a course delivered at the School of Law of the Southwest University of Finance and Economics, Chengdu, China in April, 2007.

Yu G., The Methodology of Economic Analysis of Law, a lecture delivered at the School of Law of the Southwest University of Finance and Economics, Chengdu, China on December 18, 2006.

Yu G., The Nature of Corporate Law: An Agency Perspective. Beijing, China, Law Press, 2006.

Researcher : Yu GH

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.

Project Title:	Family Law Reform in China: An Economic Perspective
Investigator(s):	Yu G
Department:	Law
Source(s) of Funding:	Small Project Funding
Start Date:	11/2006

Abstract:

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

Gu W. and Zhang X.C., The China-style "commission-oriented" Competence On Arbitral Jurisdiction: Analysis Of Chinese Adaptation Into Globalization, International Arbitration Law Review. London, Sweet & Maxwell, 2006, 9: 185-200.

Zhang X.C. and Smart P.S.J., Development of Regional Conflict of Laws: On the Arrangement of Mutual Recognition and Enforcement of Judgements in Civil and Commercial Matters between Mainland China and Hong Kong SAR, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 36(3): 553-584.

Researcher : Zheng G

List of Research Outputs

Zheng G., A Review on Introduction to Jurisprudence and Legal Theory: Commentary and Materials, James Penner, David Schiff and Richard Nobles, (eds). , Hong Kong Law Journal. Hong Kong, 2006, 36: 670-673.

Zheng G., “Law and Religion in a Pluralist Society: A Weberian Perspective” , 多元社会中的法律与宗教, Pacific Law Journal. 太平洋学刊, Shantou, 2007, 12: 10-16.

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