DEPT OF LAW

Researcher : Aitken LJW

List of Research Outputs

 

Aitken L.J.W., A duty to lend reasonably - new terror for lenders in a consumer's world, In: Gregory Burton SC, Australian Journal of Banking and Finance Law and Practice. Australia, LexisNexis, 2007, 18: 18 - 26.

 

Aitken L.J.W., Analysing a judgment, In: Geoffrey Lindsay SC, Australian Bar Review. 2007, 30: 114 - 124.

 

Aitken L.J.W., Another Matisse: Adam Smith, lawyer's remuneration and the billable hour, In: Geoffrey Lindsay SC, Australian Bar Review. 2007, 29: 210 - 217.

 

Aitken L.J.W., Australian Journal of Banking and Finance Law and Practice, In: Gregory Burton SC, The equitable charge - a remedy in search of an explanation. 2007, 18: 157 - 167.

 

Aitken L.J.W., Conflicted out, New South Wales Law Society Journal. 2008, 46: 50 - 52.

 

Aitken L.J.W., Conflicts of interest and the information barrier - case law confronts commerciality, In: Assoc Prof Tolhurst, Commercial Law Quarterly. 2007, 21: 3 - 12.

 

Aitken L.J.W., Control, ownership and the beneficiary of the discretionary trust, Australian Bar Review. 2008, 31: 128 - 131.

 

Aitken L.J.W., Equitable and other defences to the mortgagee's sale, In: Professor Rossiter, Journal of Equity. 2007, 2: 26 - 39.

 

Aitken L.J.W., Jurisdiction, substantive relief and the asset preservation order, In: Justice PW Young, Australian Law Journal. 2007, 81: 453 - 455.

 

Aitken L.J.W., Re-calibrating interests in equity: co-ownership in equity, In: Justice PW Young, Australian Law Journal. Law Book Co Ltd, 2007, 91: 266 - 277.

 

Aitken L.J.W., Recovery of chattels in the common and civil law, In: Justice PW Young, Australian Law Journal. 2008, 82: 379 - 391.

 

Aitken L.J.W., Running accounts - when payments are not a preference, New South Wales Law Society Journal. 2008, 46(2): 48 - 49.

 

Aitken L.J.W., Squeezing the lemon dry - the receiver, administrator and specific performance, In: Professor Peter Gillies, Macquarie Journal of Corporate Law. 2007, 4: 1 - 14.

 

Aitken L.J.W., Trade secrets, know-how and employment restraints, Commercial Law Quarterly. 2008, 22: 32 - 36.

 

Aitken L.J.W., Trespass, injunctons and damages, Australian Law Journal. 2008, 82: 364 - 366.

 

Aitken L.J.W., Unforgiven - some thoughts on Farah Constructions Pty Ltd v. Say-Dee Pty Ltd, In: Geoffrey Lindsay SC, Australian Bar Review. 2007, 29: 195 - 209.

 

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

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., Chau K.W., Hsu B.F.C., Pretorius F.I.H., Pu L. and Tse K.S., Basel II and Its Impact on the Property Market in the Hong Kong Special Administrative Region, The Banking Law Journal. U.S.A., A.S. Pratt & Sons, 2008, 125: 527-550.

 

Arner D.W., Finance and Development in Asia, Asian Law Centre, University of Melbourne, Melbourne, Australia (23 Aug. 2007). 2007.

 

Arner D.W., Financial Sector Legal and Regulatory Toolkit, Office of the General Counsel, Asian Development Bank. 2007.

 

Arner D.W., Financial Stability, Systemic Risk and the Role of Law, Colloquium on Markets and Systemic Risk, Duke Global Capital Markets Center, Duke University, Durham, North Carolina, USA (15-16 Nov. 2007). 2007.

 

Arner D.W., Foundations of Financial Sector Development and Economic Growth, In: J. Norton & C. Rogers, Law, Culture and Economic Development: A Liber Amicorum for Professor Roberto Maclean, CBE. London, UK, British Institute of International and Comparative Law, 2008, 45-70.

 

Arner D.W., International Financial Centres: Development and Competition, Roundtable on Globalization and International Financial Regulation, Vanderbilt Law School, Vanderbilt University, Nashville, Kentucky, USA (5-6 Oct. 2007). 2007.

 

Arner D.W., Law and Development of International Financial Centres, Senior Symposium on the New Developments and Problems of International Financial Law in China Post-WTO, Centre for International Law Studies, Fudan University, Shanghai, PRC (28 Oct. 2007). 2007.

 

Arner D.W., Law and Financial Design, The Elephant and the Dragon: Lessons and Challenges Respecting the Role of Law in Economic Development in India and China, National Law School of India, Bangalore, India (7-9 May 2008). 2008.

 

Arner D.W., Outstanding Young Researcher Award, University of Hong Kong, 2007.

 

Arner D.W., Parameters of the Competition of Financial Centres, Symposium: Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems, Dusseldorf, Germany (2-4 Nov. 2007). 2007.

 

Arner D.W., Policies and Innovations in Asian Capital Markets, Technical Workshop: Emerging Asian Regionalism: Ten Years After the Crisis, Asian Development Bank Thailand Resident Mission, Bangkok, Thailand (19-20 Jul. 2007). 2007.

 

Arner D.W., Post-Crisis Financial Integration in East Asia, Seminar on Hong Kong in the Asia-Pacific Region - Issues and Opportunities, HKSAR Central Policy Unit / Centre of Asian Studies, University of Hong Kong (23-24 Nov. 2007). 2007.

 

Arner D.W., Booth C.D., Lejot P.L. and Hsu B.F.C., Property Rights, Collateral, Creditor Rights and Insolvency in East Asia, Texas Inernational Law Journal. U.S.A., University of Texas at Austin, 2007, 42: 515-559.

 

Arner D.W., Shari'ah, Legal and Rating Issues in IFSI, Seminar on Islamic Finance, Islamic Financial Services Board / Hong Kong Monetary Authority (15-16 Jan. 2008). 2008.

 

Arner D.W., The Developing Discipline of International Financial Law, In: C. Picker, I. Bunn & D. Arner, International Economic Law - The State and Future of the Discipline. Oxford, UK, Hart Publishing, 2008, 245-64.

 

Arner D.W., Lejot P.L. and Schou-Zibell L., The Global Credit Crisis and Securitisation in East Asia, Capital Markets Law Journal. Oxford, UK, Oxford University Press, 2008, 3:3: 291-319.

 

Hsu B.F.C., Arner D.W. and Wan Q., Financial Restructuring and China's Asset Management Companies, In: J. Barth, Z. Zhou, D. Arner, B. Hsu, and W. Wang, Financial Restructuring and Reform in Post-WTO China. The Netherlands, Kluwer Law, 2007, 123-170.

 

Lejot P.L. and Arner D.W., Securitisation: Current Concerns and Long-term Value, Regional Economic Integration Seminar Series, Asian Development Bank, Manila, Philippines (15 Feb. 2008). 2008.

 

Lejot P.L., Arner D.W. and Schou-Zibell A.C., Securitization in East Asia, Asian Development Bank Working Paper Series on Regional Economic Integration No. 12. Manila, Asian Development Bank, 2008, 73.

 

Liu Q., Arner D.W. and Lejot P.L., Finance in Asia: institution, market, and regulation. London-New York: Routledge, 2008.

 

Picker C., Bunn I. and Arner D.W., In: C. Picker, I. Bunn & D. Arner, International Economic Law - The State and Future of the Discipline. Oxford, UK, Hart Publishing, 2008, 344.

 

Pretorius F.I.H., Lejot P.L., McInnis A., Arner D.W. and Hsu B.F.C., Project Finance for Construction and Infrastructure. United Kingdom, Blackwell, 2007, 384pp.

 

Pretorius F.I.H., Lejot P.L., Arner D.W. and Hsu B.F.C., Project Finance for Infrastructure and Construction: Principles and Cases , London, Blackwell Publishing, 2008.

 

Weber R. and Arner D.W., Toward a New Design for International Financial Regulation, University of Pennsylvania Journal of International Law. Pennsylvania, USA, University of Pennsylvania Law School, 2008, 29: 391-453.

 

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., "A New Era in Hong Kong's Constitutional History" , Hong Kong Law Journal . 2008, 38: 1-13.

 

Chen A.H.Y., "Case Law in the Common Law Tradition and in China: Comparative Perspectives" , Workshop organised by the China Law Center, Yale University and the Higher People's Court of Jiangsu, Nanjing. 2007.

 

Chen A.H.Y., "Commentary", Conference on the Chinese Judge and International and Comparative Law organised by the Centre for Comparative and Public Law, University of Hong Kong . 2007.

 

Chen A.H.Y., "Constitutionalism in Hong Kong and Taiwan", Conference on Comparative Legal Systems organized by the School of Law, Renmin University of China, Beijing. 2007.

 

Chen A.H.Y., "Emergency Powers, Constitutionalism and Legal Transplants: The East Asian Experience" , Conference on Emergency in Asia organised by the Faculty of Law, National University of Singapore, Singapore . 2008.

 

Chen A.H.Y., "One Country, Two Systems" from a Legal Perspective, In: Yue-man Yeung (ed), The First Decade: The Hong Kong SAR in Retrospective and Introspective Perspectives. Hong Kong, Chinese University Press, 2007, 161-188.

 

Chen A.H.Y., "The Christian Tradition and the Origins of Modern Western Constitutionalism" (in Chinese), Pacific Journal . 2007, [2007] 5: 30-39.

 

Chen A.H.Y., "The Green Paper on Political Development in Hong Kong: Some Legal Aspects" , Conference on the Green Paper and Political Reform in Hong Kong organised by the Centre for Comparative and Public Law, University of Hong Kong. 2007.

 

Chen A.H.Y., "The Legal Practice of 'One Country Two Systems'" (in Chinese), In: General Office of Hong Kong Basic Law Committee of NPC Standing Committee, Essays in Commemoration of Ten Years of the Implementation of the Hong Kong Basic Law. Beijing, China Democracy and Legal System Press, 2007, 96-110.

 

Chen A.H.Y., A Tale of Two Islands: Comparative Reflections on Constitutionalism in Hong Kong and Taiwan, Hong Kong Law Journal. 2007, 37: 647-688.

 

Chen A.H.Y., Associate Editor , Hong Kong Law Journal 2001-2008. 2008.

 

Chen A.H.Y., Constitutional Developments in Taiwan and Hong Kong: Some Comparative Reflections, Academia Sinica Law Journal (in Chinese). 2007, 1: 137-189.

 

Chen A.H.Y., Is Confucianism Compatible with Liberal Constitutional Democracy?, Journal of Chinese Philosophy. 2007, 34: 195-216.

 

Chen A.H.Y., Living up to the Dignity and Honour of the Legal Profession (in Chinese), China Law Review. 2007, 1: 169-173.

 

Chen A.H.Y., The Basic Law and the Development of the Political System in Hong Kong, Asia Pacific Law Review . 2007, 15: 19-40.

 

Chen A.H.Y., Wither Goes Chinese Jurisprudence, Hebei Law Science (in Chinese). 2007, (2007) 10: 11-14.

 

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., A Tale of Two Competition Law Regimes--The Telecom-Sector Competition Regulation in Hong Kong and Singapore, In: Jose Rivas, World Competition (nominated for the journal's Young Writers' Award). The Netherlands, Kluwer Law International, 2007, 30(3): 501-526.

 

Cheng T.K.H., Examining the Tying Aspect of the European Court of First Instance Microsoft Case, Roundtable on IP, Media and Competition Law, HKU. 2008.

 

Cheng T.K.H., Leveraging of Monopoly Power from a Developing Country’s Perspective, Asian Competition Forum Singapore Conference. 2008.

 

Cheng T.K.H., Recent Development in Competition Law in Hong Kong and China (attended by Japan Fair Trade Commission officials), Kyoto University. 2007.

 

Cheng T.K.H., Regulating Abuse of Administrative Monopoly under the AML, The Third Asian Competition Law Conference. 2007.

 

Cheng T.K.H., Regulating Economic Local Protectionism in China, Joint Annual Meeting of the Law and Society Association and the Research Committee on Sociology of Law. 2007.

 

Cheng T.K.H., The Interface between Competition Law Enforcement and Patent Policy: A Developing Country’s Perspective, Asian Competition Law Forum, East China University of Politics and Law. 2008.

 

Cheng T.K.H., The Interface between Intellectual Property and Competition Law in China, Asian IP Law & Policy Day, IP Academy & Fordham Law School. 2008.

 

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., Cyber Policing or Bullying in China? An Examination of Privacy in the Internet Age, Asian Law Institute Annual Conference. Singapore, 2008.

 

Cheung A.S.Y. and Weber R.H., Freedom of Expression, Private Controllers and Internet Governance, International Association for Media and Communication Research. 2007, 60.

 

Cheung A.S.Y., Member of Editorial Committee, The Journal of Media Law . UK, Hart, 2008.

 

Cheung A.S.Y., Online Privacy and Social Policing, Workshop on Media Law and Intellectual Property. University of New South Wales, Australia, 2007.

 

Cheung A.S.Y., Rethinking the Concept of Privacy in the Internet Age of Transparency, The 2007 Joint Annual Meeting of the Law and Society Association and the Research Committee on Sociology of Law. Berlin, Germany, 2007.

 

Cheung A.S.Y., The Formation and Regulation of Online Civic Community in China - A Case Study of Blogs, Open Net Initiative Project. Chiang Mai, Thailand, 2008.

 

Cheung A.S.Y., Too Much Freedom or Too Little Speech - A Study of Internet Defamation and Privacy in China, The 6th Chinese Internet Research Conference. Hong Kong, 2008.

 

Researcher : Choy PDW

List of Research Outputs

 

Choy P.D.W., Prisoner Transfer between Hong Kong and Mainland China: A Preliminary Assessment, Brooklyn Journal of International Law. 2008, 33(2): 463-501.

 

Choy P.D.W. and Fu H., Small Circle, Entrenched Interest: The Electoral Anomalies of Hong Kong Deputies to the National People's Congress, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 37(2): 579-603.

 

Fu H. and Choy P.D.W., Of Iron or Rubber?: People's Deputies of Hong Kong to the National People's Congress, In: Hualing Fu, Lison Harris, and Simon NM Young, Interpreting Hong Kong's Basic Law: The Struggle for Coherence. New York, Palgrave Macmillan, 2007, 201-227.

 

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

 

Choy P.D.W. and Fu H., Small Circle, Entrenched Interest: The Electoral Anomalies of Hong Kong Deputies to the National People's Congress, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 37(2): 579-603.

 

Fu H. and Choy P.D.W., Of Iron or Rubber?: People's Deputies of Hong Kong to the National People's Congress, In: Hualing Fu, Lison Harris, and Simon NM Young, Interpreting Hong Kong's Basic Law: The Struggle for Coherence. New York, Palgrave Macmillan, 2007, 201-227.

 

Fu H., The Potential of Rights Advocacy in China: An Evaluation of the ABA Rule of Law Initiative in China, 2008, 1-33.

 

Fu H., Weiquan (Rights Protection) Lawering in an Authoritarian State: Building a Culture of Public Interest Lawyering, China Journal . Australia, 2008, 59: 111-127.

 

Fu H., When Lawyers Are Prosecuted…the Struggle Of A Profession In Transition, In: WE Butler and Michael Palmer, Journal of Comparative Law . UK, Wildy, Simmonds and Hill, 2007, 2: 95-132.

 

Fu H., review of China's Death Penalty: History, Law and Contemporary Practices, China Quarterly. 2007, 192: 1028-1030.

 

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 on GATS Annex on Telecommunications; Annex on Negotiations on Basic Telecommunications; Fourth protocol on basic telecommunications, and Reference Paper on basic telecommunications, In: Wolfrum, Stoll, Feinäugle, MAX PLANCK COMMENTARIES ON WORLD TRADE LAW, VOLUME VI: “WTO – TRADE IN SERVICES”. Martinus Nijhoff Publishers, 2007.

 

Gao H.S., China and Regional Trade Agreements: Past, Present and Future, In: Ross Buckley, Vai Io Lo and Laurence Boulle, Free Trade Agreements: Where Is the World Heading?. Kluwer Law International, 2007.

 

Gao H.S., Dancing with the Dragon: Impact of China’s Participation in the WTO, Sri Lanka Law College Law Review . 2007, 4: 186-192.

 

Gao H.S., Lecture on WTO and Asia, ACADEMY OF INTERNATIONAL TRADE LAW, Institute of European Studies of Macau, Macau, . 2007.

 

Gao H.S. and Lim C.L., Saving the WTO from the Risk of Irrelevance: The DSU as a Common Good for RTAs, The WTO Institutional Reform Project, Ontario, Canada. 2008.

 

Gao H.S., Study on China’s Export Interests in Services in Australia, World Bank. 2007, 24 pages.

 

Gao H.S., Taming the Dragon: China’s Experience in WTO Dispute Settlement, LEGAL ISSUES OF ECONOMIC INTEGRATION . Kluwer, 2007, 34.

 

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., Fatal Accidents Ordinance, Annotated Ordinances of Hong Kong. Hong Kong, Lexis/Nexis, 2007, i-xii + 1-18.

 

Glofcheski R.A., Hong Kong Law Journal, In: Rick Glofcheski, Hong Kong Law Journal. Hong Kong, Sweet & Maxwell Asia, 2007, 37: 1-738.

 

Glofcheski R.A., Job Security Issues in a Laissez-faire Economy, Marco Biagi Foundation, University of Modena - "Rights and Protection in the New World of Work". 2008.

 

Glofcheski R.A., Job Security in Hong Kong or How to (Legally) Undermine an Already Minimalist Job Security Regime, "Workplace Fairness Disputes in a Global Community". 2008.

 

Glofcheski R.A., Tort Law in Hong Kong (2nd edn), Hong Kong, Sweet & Maxwell Asia, 2007, 735pp.

 

Researcher : Goo SH

List of Research Outputs

 

Goo S.H., Low C.K. and von Nessan P., Directors’ Liabilities in Hong Kong, In: Helen Anderson (Ed), Directors’ Liability for Corporate Fault. The Netherlands, Kluwer Law International, 2007, 159-184.

 

Goo S.H., Low C.K. and von Nessan P., Directors’ Liabilities in Hong Kong, In: Helen Anderson (ed), Directors’ Liability for Corporate Fault. The Netherlands, Kluwer Law International, 2008, 159-184.

 

Goo S.H., Low structure, high ambiguity: selective adaptation of international norms of corporate governance mechanisms in China, in the International Conference of the Law and Society Association on Law and Society in the 21st Century, held in Humboldt University, Berlin, Germany, July 25-28, 2007. . 2007.

 

Goo S.H. and van den Berg J., Manfold Toy Company Ltd: Corporate Governance and Ethics for directors and professionals , ICAC & ACRC(HKU). Harvard Case Study Centre, 2007.

 

Goo S.H., Organiser & keynote speaker, Workshop on Corporate Governance of Private Enterprises in China, 21 July 2007, HKU. 2007.

 

Hicks A. and Goo S.H., Cases & Materials on Company Law (6th edition), New York, Oxford University Press, 2008, 649pp + xxxiv.

 

von Nessan P., Goo S.H. and Low C.K., The Statutory Derivative Action: Now Showing Near You, Journal of Business Law (UK). Sweet & Maxwell, 2008, 627-661.

 

Researcher : Gu W

List of Research Outputs

 

Gu W., China's Search For Complete Separability Of The Arbitral Agreement, Asian International Arbitration Journal. Singapore, Kluwer Law International, 2007, 3: 163-175.

 

Gu W., Judicial Review over Arbitral Award: Comparison between Hong Kong and Mainland, HKU-PKU 12th Annual Legal Conference (Hong Kong). Hong Kong, 2007.

 

Gu W., The China-style Closed Panel System On Tribunal Formation: Analysis Of Chinese Adaptation Into Globalization, In: Michael Moser, Journal Of International Arbitration. The Hague, Netherlands, Kluwer Law International, 2008, 25: 1-38.

 

Gu W., Modern Arbitration Agreement as Threshold of Arbitration Globalization under the UNCITRAL Model Law, In: Han Jian, Commercial Arbitration Review (Vol.1), Beijing, China Law Press, 2008.

 

Researcher : Hannum H

List of Research Outputs

 

Hannum H., Defining Democracy: Does International Law Provide the Answer?, Law Lectures for Practitioners 2007 (HKU Faculty of Law and HK Law Society). 2007.

 

Hannum H., Drinking in Context: Patterns, Interventions, and Partnerships, World Mental Health Congress of the World Federation for Mental Health. 2007.

 

Hannum H., The Right to Self-Determination: Theory and Practice, International Roundtable Conference on Right to Self-Determination of Peoples, organized by Institute of Autonomy and Governance and Konrad Adenauer Stiftung, Manila, Philippines. 2007.

 

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 Duty to Confess: A Matter of Good Faith?, Cambridge Law Journal. Cambridge University Press, 2007, 66: 348-364.

 

Ho L.K.S., Private Property in China & Government Controls on Outbound Transfers, Society for Estate and Trust Practitioners, UK. Singapore, 2007.

 

Ho L.K.S., Trust Law in the PRC, Wealth Management (II) International Trust Practice Guide. Hong Kong, Incisive Media, 2008, 16-19.

 

Ho L.K.S. and Luk A., Trusts and Succession, In: Albert Chen et. al., General Principles of Hong Kong Law. Hong Kong, San Luen Publishing House, 2008.

 

Ho L.K.S., Trusts in the PRC, Society for Estate and Trust Practitioners / Hong Kong Trustee Association. 2008.

 

Researcher : Jackson MI

Project Title:

Regulating Covert Surveillance in an Age of Privacy

Investigator(s):

Jackson MI

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.

 

 

Researcher : Jones OR

List of Research Outputs

 

D'Agostino J. and Jones O.R., "Enery Charter Treaty: Step Towards Consistency in International Investment Arbitration?", In: Graham Coop, Journal of Energy and Natural Resources Law. London, International Bar Association, 2007, 25: 225-243.

 

Jones O.R., "Out With the Owners: the Eurasian Sequals to Pye" , In: Adrian Zuckerman, Civil Justice Quarterly. London, Sweet and Maxwell, 2008, 27: 260-276.

 

Jones O.R., Statutory Interpretation: the Case for a Core Subject, In: Aurora Voiculescu John Hatchard , Journal of Commonwealth Law and Legal Education. London, Taylor & Francis, 2007, 5: 85-96.

 

Researcher : Kapai P

List of Research Outputs

 

Kapai P., The Challenge of Diversity: Human Rights, Human Dignity and Liberal Democracies, 2008 Montreal Joint Meetings of CLSA and LSA, Law and Society Association . 2008.

 

Kapai P., The Still Existing Influence of the Common Law on the Legal System of Hong Kong, Legal Forum/University of Trier. Trier, Germany, University of Trier, 2008.

 

Kapai P., Universal Human Rights: Problems, Prospects and Politics, Multiculturalism and the Law, Faculty of Law, University of Malaysia. 2008.

 

Researcher : Kong KY

List of Research Outputs

 

Kong K.Y., Hong Kong Basic Law, Hong Kong Annual Quiz - Liberal Studies Cup on Basic Law. 2008.

 

Kong K.Y., Public Interest Litigation in Hong Kong: A New Hope for Social Transformation?, 5th Asian Law Institute Conference. 2008.

 

Kong K.Y., The Right to Food For All: A Right-based Approach to Hunger and Social Inequality, Tomorrow People Organization. 2008.

 

Researcher : Kumar C.R

List of Research Outputs

 

Kumar C.R., Book Review of "Academic Freedom in Hong Kong" by Jan Currie, Carole J. Petersen, and Ka Ho Mok, Hong Kong Law Journal. Hong Kong, Sweet and Maxwell Asia, 2007, 37(1): 289-202.

 

Researcher : Lee ASC

List of Research Outputs

 

Lee A.S.C. and Pendleton M., Intellectual Property in Hong Kong, Hong Kong, LexisNexis, 2008, xlvi + 341 pp.

 

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., "Conceptualising the Chinese Trust", Joint Annual Meetings of the Law and Society Association and Canadian Law and Society Association 2008, Montreal. 2008.

 

Lee R.W.C., "Facilitation vs Regulation: Overview of the Framework Governing Charities in Hong Kong", 促進與規管：關於管理香港慈善組織的法律框架的概觀, In: Legislation Affairs Office of the PRC Ministry of Civil Affairs, Theses Collection of the International Symposium on Charity Legislation of China. 中國慈善立法國際討論會論文集, 2007, 180-188.

 

Lee R.W.C., "Fiduciary Duty without Equity: 'Fiduciary Duties' of Directors under the Revised Company Law of the PRC", Virginia Journal of International Law. 2007, 47: 897-926.

 

Lee R.W.C., "In Search of the Nature and Function of Fiduciary Loyalty: Some Observations on Conaglen's Analysis", Oxford Journal of Legal Studies. 2007, 327-338.

 

Lee R.W.C., "Stack v Dowden: a Sequel", Law Quarterly Review. 2008, 124: 209-213.

 

Lee R.W.C., In: Jessica Young & Rebecca Lee , The Common Law Lectures 2006-2007. Faculty of Law, The University of Hong Kong, 2008.

 

Young J.Y.K. and Lee R.W.C., Common Law Lectures 2006-7. Faculty of Law, University of Hong Kong, 2008, 2006-7.

 

Researcher : Lejot PL

List of Research Outputs

 

Arner D.W., Booth C.D., Lejot P.L. and Hsu B.F.C., Property Rights, Collateral, Creditor Rights and Insolvency in East Asia, Texas Inernational Law Journal. U.S.A., University of Texas at Austin, 2007, 42: 515-559.

 

Arner D.W., Lejot P.L. and Schou-Zibell L., The Global Credit Crisis and Securitisation in East Asia, Capital Markets Law Journal. Oxford, UK, Oxford University Press, 2008, 3:3: 291-319.

 

Lejot P.L., Financial System Development: Does Asia truly want Corporate Debt Markets? , Asia-Pacific Financial Markets Research Center of the University of Hawaii - Korea Institute for International Economic Policy conference, Asian Bond Markets & APEC Financial Market Development, Pusan National University . Pusan, 2007.

 

Lejot P.L. and Arner D.W., Securitisation: Current Concerns and Long-term Value, Regional Economic Integration Seminar Series, Asian Development Bank, Manila, Philippines (15 Feb. 2008). 2008.

 

Lejot P.L., Arner D.W. and Schou-Zibell A.C., Securitization in East Asia, Asian Development Bank Working Paper Series on Regional Economic Integration No. 12. Manila, Asian Development Bank, 2008, 73.

 

Liu Q., Arner D.W. and Lejot P.L., Finance in Asia: institution, market, and regulation. London-New York: Routledge, 2008.

 

Pretorius F.I.H., Lejot P.L., McInnis A., Arner D.W. and Hsu B.F.C., Project Finance for Construction and Infrastructure. United Kingdom, Blackwell, 2007, 384pp.

 

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

 

FU Q. and Leng J., Translation of journal article, “Formal Contract Law and Enforcement in Economic Development”, article by Michael Trebilcock and Jing Leng, 92 Virginia Law Review 1517-1580 (2006), translated by Qiang Fu and Jing Leng to Chinese and published in 9(1) Peking University Law Review 116-164 (2008) , 正式合同法和合同執行機制在經濟發展中的角色, In: WANG, Jing, 北大法律評論, Beijing, China, Peking University Press, 2008.

 

Leng J., "Corporate Governance of Chinese Private Enterprises at the Crossroads", International Conference: Law and Society in the 21st Century, 25-28 July 2007, Berlin, Germany. Berlin, Germany, LSA/RCSL Joint Meeting, 2007, 1-36.

 

Leng J., "Corporate Governance of Overseas-listed Chinese Companies: Implications for Cross-border Co-ordination on Securities Regulation between Hong Kong and the PRC", The 9th Annual Conference of PKU-HKU Legal Research Centre, 14-15 December 2007, Hong Kong . Hong Kong, 2007.

 

Leng J., Corporate Governance in China: In the Context of Globalization and Transition (monograph, forthcoming 2008). Hong Kong, Hong Kong University Press, 2008, approximately 336 pages.

 

Leng J., Executive editor for China Law section, Hong Kong Law Journal. Hong Kong, 2007.

 

Leng J., Invited lecture, “Corporate Governance and Investment Risks of PRC Companies Listed in Hong Kong: Implications for Cross-border Regulatory Collaboration”, China Corporate Regulatory Update (CCRU) 2008, Hong Kong Institute of Chartered Secretaries, 17 January 2008, Hong Kong . Hong Kong, 2008.

 

Leng J., Panelist and speaker on “Cross-border Co-ordination on Securities Regulation between Hong Kong and the PRC”, Forum on “Analysis of China’s Macroeconomic Condition and Capital Markets” , The 7th China Economics Annual Meeting, 17 December 2007. Hong Kong, 2007.

 

Leng J., Panelist, "Corporate Governance of Chinese Small and Medium Enterprises (SMEs): The “Wenzhou Model” Revisited ― Commenting on Zhu Ciyun’s ‘The Development and Governance of SMEs in Mainland China’", Corporate Governance International Workshop on "Regulating Private Enterprises", 21 July 2007, Hong Kong. Hong Kong, 2007.

 

Researcher : Lewis DJ

List of Research Outputs

 

Lewis D.J., "Achieving Coherence in Trade Policy and Domestic Policy Reforms for Landlocked Countries: Integration of Lao People's Democratic Republic into the Global Economy and Domestic Economic Reforms" , United Nations (UNESCAP), Almaty Action Program. 2007.

 

Lewis D.J., "Law and Economics: Selection of Systemic Issues" , Research Workshop on Emerging Trade Issues for Developing Countries in the Asia-Pacific Region, Macau, China (organized by UNESCAP and ARTNeT) . 2007.

 

Lewis D.J., "Policy Coherence for Managing Globalization", Expert Group Meeting, UNESCAP, Bangkok, Thailand. 2007.

 

Lewis D.J., "Trade Rules Governing Software Protection and Development at the Multilateral and Asian Regional/National Levels" , ALIN International Academic Conference on Asia's Emerging Law in the Digital Age, Chulalongkorn University, Bangkok, Thailand . 2007.

 

Lewis D.J., "Trade Rules Governing Software Protection and Development at the Multilateral and Asian Regional/National Levels", 2007 EAIEL ICT Research Network Symposium, The University of Hong Kong, Hong Kong . 2007.

 

Lewis D.J., On Multilateral Governance and Sustainable Development , Studies in Trade and Investment . New York, United Nations, 2007, 61: 3 pp.

 

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., (6) Invited speaker on the topic of “Research and Teaching Project and Plan”, at the Media and Intellectual Property Workshop, organized by the Law School of the University of New South Walse, 2007.

 

Li Y., Biotechnology and Pharmaceutical Patenting in China, Inaugural Summer Institute in Intellectual Property, Biotechnology and Agricultural Sciences, organized by Drake University Law School, USA. 2008.

 

Li Y., Chair for "The 2nd Annual LawTech Asia Summit", , organized by CMS in Hong Kong. 2008.

 

Li Y., Human Gene Patenting and Its Implications to Medical Research, In: Peter Yu, Intellectual Property and Information Wealth . US, Praeger Perspectives, 2007, 2: 347-376.

 

Li Y., IP and Competition: a New Balance Game in China, IP, Media and Competition Roundtable, organized by HKU and Drake University. 2008.

 

Li Y., Internet Technologies and IPR Disputes, 6th International Forum on Online Dispute Resolution, organized by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) in collaboration with the Hong Kong International Arbitration Centre. 2007.

 

Li Y., Internet Technology And Intellectual Property Protection, Proceedings At Symposium On I-management – Challenges And Opportunities” . Hong Kong, IET Hong Kong and IEEE Hong Kong, 2008, 1-10.

 

Li Y., Internet Technology and Intellectual Property Protection, Symposium on i-Management – Challenges and Opportunities. 2008.

 

Li Y., New Development of PRC Intellectual Property Law, The Law Society of Hong Kong CPD Course. 2008.

 

Li Y., Patent and Innovation in China’s Biotech and Pharmaceutical Industries, LawTech Talk of the China IT Center of the Faculty of Law of the University of Hong Kong. 2007.

 

Li Y., The Concepts Of Property In Common Law: Comments On Relevant Issues In The Drafts Of Prc Law Over Things, 普通法中财产权的分类与性质： 兼谈我国《物权法》中的相关问题 , Hong Fan Legal and Economic Studies. 洪范评论, Beijing, Beijing University Press, 2008, 10: 46-58.

 

Li Y., The Trend of Patent Law Reform in the World, 世界范围专利制度改革之评述, PKU-HKU Annual Conference, organized by PKU and HKU. 港大-北大学术研讨会, 2007.

 

Researcher : Lim CL

List of Research Outputs

 

Gao H.S. and Lim C.L., Saving the WTO from the Risk of Irrelevance: The DSU as a Common Good for RTAs, The WTO Institutional Reform Project, Ontario, Canada. 2008.

 

Lim C.L., Asia-Pacific Yearbook of International Humanitarian Law. 2007.

 

Lim C.L., Chairperson, Towards Full Inclusion: Sexual Orientation, Gender Identity & Human Rights, forum organised by the Centre for Comparative & Public Law, HKU, 2008.

 

Lim C.L., Chinese Journal of International Law. Oxford, England, Oxford University Press, 2007.

 

Lim C.L., Comment: The Green Paper from a Constitutional Perspective, The Hong Kong Law Journal. Hong Kong, Sweet & Maxwell, 2008, 37: 741-749.

 

Lim C.L., Do International Financial Institutions Repress Development?, 102nd Annual Meeting of the American Society of International Law, Washington DC, at the invitation of the organizers of the 102nd Annual Meeting.. 2008.

 

Lim C.L., Free Trade in Asia, guest lecture delivered to visiting Zurich University graduate law students at HKU, 2008.

 

Lim C.L., From Constructive Engagement to Collective Revulsion: The Myanmar Precedent of 2007, The Twenty-First (Annual) Singapore Law Review Lecture. The lecture series is the oldest public lecture series in Singapore. Previous speakers have included three Singapore Attorneys-General, including the present Chief Justice; two Chief Justices of Malaysia; two Singapore Ambassadors, Tommy T.B. Koh (formerly Dean of the NUS Law School) and Kishore Mahbubani (presently Dean, Lee Kuan Yew School); one Secretary-General of ASEAN; and the current Deputy Prime Minister and former law school dean, S. Jayakumar. 2007.

 

Lim C.L., Hong Kong in the Era of Asian and Global Trade Regionalism, Hong Kong in the Asia-Pacific Region: Issues and Opportunities, Central Policy Unit, Govt. of HKSAR & CAS, HKU. 2007.

 

Lim C.L., I Have Come Undone: In Appreciation of Tan Sook Yee, In: Dora Neo, Tang Hang Wu & Michael Hor, Lives in the Law, Essays in Honour of Peter Ellinger, Koh Kheng Lian & Tan Sook Yee. Singapore, NUS Law Faculty & Singapore Academy of Law, 2007, 189-190.

 

Lim C.L., Journal of Philosophy of International Law. 2007.

 

Lim C.L., Neither Peacocks nor Sheep: T.O. Elias and Postcolonial International Law, Leiden Journal of International Law. Cambridge, England, Cambridge University Press, 2008, 21: 295-395.

 

Lim C.L., Not Constitutional Framers but Voters, Disentangling Hong Kong's Democratic Reform from Constitutional Design, Second Asian Forum for Constitutional Law, Nagoya, Japan. 2007.

 

Lim C.L., Organizer and chairperson, public lecture by Mr. Simon Tay, "ASEAN After 40: Charter, Norms and Legalization", HKU, 22 November 2007, 2007.

 

Lim C.L., Roundtable with Prof. Sun Wanzhong, former DG, Bureau of Legislative Affairs, State Counsil, PRC, organised by the HK America Centre and the National Democratic Institute, held at the Hong Kong Club. 2008.

 

Lim C.L., Roundtable with the Minister of International Trade & Industry, Malaysia, Aberdeen Marina Club, HK, by invitation of the Minister & the Malaysian Consul-General, 2008.

 

Lim C.L., The Constitution of Malaysia (1957-2007): Fifty Years, Fifty Amendments and Four Principal Developments, In: Clauspeter Hill & Jörg Menzel , Constitutionalism in Southeast Asia. Singapore, Konrad Adenauer Stiftung, 2008, Vol 2: 155-179.

 

Lim C.L., The Future for Democracy in Hong Kong under "One Country, Two Systems", Lecture to Harvard College students, Harvard College in Asia Program, 2008.

 

Lim C.L., The Great Power Balance, the United Nations and What the Framers Intended: In Partial Response to Hans Köchler, Chinese Journal of International Law. Oxford, England, Oxford University Press, 2007, 5: 307-328.

 

Lim C.L., The Trading Regions of the Asia-Pacific & APEC , WTO Regional Trade Policy Programme, annual WTO training course for trade ministry officials from several Asian capitals. 2008.

 

Researcher : Lin JSW

List of Research Outputs

 

Lin J.S.W., Air Pollution Control: The Current Statutory Regime and A Foresight, Department of Justice, HKSAR. 2008.

 

Lin J.S.W., Hong Kong Law Journal . 2007.

 

Lin J.S.W., International Environmental Law Editor, Singapore Year Book of International Law. 2007.

 

Lin J.S.W., The Clean Development Mechanism and Southeast Asia, Climate Change and the Kyoto Mechanisms: Asia and the World. 2007.

 

Lin J.S.W., The Clean Development Mechanism in Southeast Asia, Responding to the Opportunities of the Emerging Economies 2nd Annual Conference, Emerging Dynamic Global Economies Network (EDGE) . 2007.

 

Lin J.S.W., ‘The Legal, Regulatory and Institutional Measures required for Adaptation to the Impacts of Climate Change in the Asia Pacific region’, United Nations Environment Programme, Centre for Environmental Research, Training and Information (Sri Lanka). 2008.

 

Streck C. and Lin J.S.W., Making Markets Work: A Review of CDM Performance and the Need for Reform , European Journal of International Law. Oxford University Press, 2008, 19(2): 409-442.

 

Researcher : Linton S

List of Research Outputs

 

Linton S., Fellow, Salzburg Global Seminar, An International Rule of Law: Balancing Security, Democracy and Human Rights in an Age of Terrorism, Salzburg Global Seminar, An International Rule of Law: Balancing Security, Democracy and Human Rights in an Age of Terrorism. 2007.

 

Researcher : Liu ANC

List of Research Outputs

 

Liu A.N.C., ‘Persons in a Comatose or Vegetative State: Including them as Mentally Incapacitated Persons in the Mental Health Ordinance’ , Hong Kong Law Journal. 2007, 37: 761-774.

 

Researcher : Loi KCF

List of Research Outputs

 

Loi K.C.F., Sale of Goods in Scotland - Repairing Defects in the Law: J&H Ritchie Ltd v Lloyd Ltd [2007] JBL 807, In: Prof Robert Merkin, Journal of Business Law. United Kingdom, Thomson: Sweet & Maxwell, 2007, 807-814.

 

Researcher : Long Q

List of Research Outputs

 

Long Q., Conflicting Positions But Common Interests: An Analysis Of The United States Antidumping Policy Toward China, In: Suzanne Gubin, Richmond Journal Of Global Law And Business. 2008, 7.

 

Long Q., Relevance Between Corporations And Clan: Ideologies Behind Comparative Law, 2008 Joint Annual Meeting Of Law And Society Association And Canadian Law And Society Association. 2008.

 

Long Q., 中美法的比较研究, 北大-港大年会, 2007.

 

Researcher : Loper KA

List of Research Outputs

 

Loper K.A., Briefing Paper on Hong Kong's Race Discrimination Bill, UN Committee on the Elimination of all Forms of Racial Discrimination, Geneva. 2008.

 

Loper K.A., Deputation on Hong Kong's Race Discrimination Bill, Hong Kong Legislative Council Bills Committee. 2008.

 

Loper K.A., Diversity and the Law: Hong Kong's Approach to Equality, Presentation at Forum on Diversity, Hong Kong Polytechnic University. 2008.

 

Loper K.A., Human Rights in Asia, Summer Institute 2007: Asia as the Global Future, Faculty of Social Sciences, The University of Hong Kong. 2007.

 

Loper K.A., Issues in Hong Kong's Race Discrimination Bill, Presentation at Civic Party Forum. 2008.

 

Loper K.A., Minority Language Rights in Education: Toward an International Human Rights Framework?, Minority Language Education in China: Issues and Perspectives, HKU. 2008.

 

Loper K.A., One Step Forward, Two Steps Back? The Dilemma of Hong Kong's Draft Race Discrimination Legislation, Hong Kong Law Journal. 2008, 38: 15-30.

 

Loper K.A., Social Movements in East Asia, Presentation at the Law and Society Conference, Montreal. 2008.

 

Researcher : Low FK

List of Research Outputs

 

Low F.K., Articles Editor, Hong Kong Law Journal. 2007.

 

Low F.K., Articles Editor, Hong Kong Law Journal. 2007.

 

Low F.K., Articles Editor, Hong Kong Law Journal. 2008.

 

Low F.K., Presumption of Advancement: A Renaissance?, In: Francis Reynolds, Law Quarterly Review. 2007, 2007: 347-352.

 

Low F.K., Recipient Liability in Equity, Society of Legal Scholars Annual Conference. 2007.

 

Low F.K., Repair, Rejection & Rescission: An Uneasy Resolution, Law Quarterly Review. 2007, 2007: 536-541.

 

Low F.K., The Role of Equity in Mistake, Exploring Contract Law Symposium/University of Western Ontario. 2008.

 

Researcher : Luk A

List of Research Outputs

 

Ho L.K.S. and Luk A., Trusts and Succession, In: Albert Chen et. al., General Principles of Hong Kong Law. Hong Kong, San Luen Publishing House, 2008.

 

Researcher : Lynch KL

List of Research Outputs

 

Lynch K.L., "Have IBA Rules of Evidence in International Commercial Arbitration Been helpful in Harmonizing Document Disclosure Practice?", ADR in Asia Conference, Sept. 13, 2007 organized by the Hong Kong International Arbitration Centre. 2007.

 

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 : Ren L

List of Research Outputs

 

Halkyard A.J. and Ren L., "Globalisation and the Impact of Tax on International Investments", Symposium in Honour of the late Alex Easson, Queen's University, Canada. Kingston, Ontario, Canada, Law Faculty, Queen's University, 2008, 1-29.

 

Researcher : Smart PSJ

Project Title:

Hong Kong Professionals and insolvency: an analysis of the attitude of professional governing bodies to the insolvency of their members

Investigator(s):

Smart PSJ

Department:

Law

Source(s) of Funding:

Small Project Funding

Start Date:

11/2004

 

Abstract:

To collect and analyse the rules and practices from various professions, such as lawyers, doctors, architects, surveyors and financial advisers, as well as members of the disciplined services and other Government employees. "Best practices" will be identified.

 

List of Research Outputs

 

Booth C. .D., Briscoe S. and Smart P.S.J., Corporate Rescue in Hong Kong, In: Rodrigo Olivares-Caminal, Expedited Debt Restructuring. Netherlands, Kluwer Law International, 2007, 291-315.

 

Researcher : Sunga LS

Project Title:

The normative and institutional interplay between international human rights law and practice and the emerging system of international criminal law and justice

Investigator(s):

Sunga LS

Department:

Law

Source(s) of Funding:

Research Initiation Programme

Start Date:

03/2002

 

Abstract:

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

 

 

Researcher : Tai BYT

Project Title:

LawOf: a legal community

Investigator(s):

Tai BYT

Department:

Law

Source(s) of Funding:

The University of Hong Kong Foundation Seed Grant

Start Date:

04/2002

 

Abstract:

To study LawOf: a legal community.

 

Project Title:

Web-based learning tools for law

Investigator(s):

Tai BYT

Department:

Law

Source(s) of Funding:

Leung Kau Kui Research and Teaching Endowment Fund - Teaching Grants

Start Date:

01/2003

 

Abstract:

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

 

List of Research Outputs

 

Tai B.Y.T., “E-Portfolio and Assessment”, The CITE Research Symposium 2008: Empowering Communities and Transforming Learning organized by Centre for Information Technology in Education, Faculty of Education, The University of the Hong Kong, Hong Kong, 5-7 June 2008.

 

Tai B.Y.T., “Legal, Institutional and Implementation Problems of Emission Trading between Legal Systems: A Preliminary Review of the Implementation Framework of the Emission Trading Pilot Scheme for Thermal Power Plants in the Pearl River Delta Region (the Pilot Scheme)”, (「跨區(法)域排污交易制度的法律、體制及執行問題-初評《珠江三角洲火力發電廠排污交易試驗計劃》實施方案」, The Cross-Straits and Four Parties Conference on the Development of Law 2007 organised by the Law Faculty, Sun Yat-sen University, 15-16, December 2007, Guangzhou, China . 2007兩岸四地法律發展學術研討會，中山大學法學院主辦，2007年12月15至16日，廣州，中國, 2007.

 

Tai B.Y.T., “The Situation and Trend of Judicial Review in Hong Kong” , 「香港司法覆核的狀況與趨勢」，, In: Wong Siu-lun, Wan Po-san and Leung Sai-wing , Chinese Societies in the New Century: An Analysis on Social Indicators. 新世紀華人社會面貌：社會指標的分析》, Hong Kong, Hong Kong: Hong Kong Institute of Asia-Pacific Studies, the, 2008, 57-78.

 

Researcher : Wan MMH

List of Research Outputs

 

Wan M.M.H., Outcasts: Homophobia and Repetition in the Well of Loneliness Trial, Department of Comparative Literature, University of Hong Kong. 2007.

 

Wan M.M.H., Participation (by invitation) at the roundtable discussion on censorship of the 8th British Academy Network Meeting, British Academy. 2008.

 

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., An Update on Uniform Domina Name Dispute Resolution Policy, Annual Panelist Meeting of China International Economic and Trade Arbitration Commission. Beijing, China International Economic and Trade Arbitration Commissio, 2007.

 

Xue H., Copyright Maze--Professors and Teachers' Copyright in Distant Education, 2007 Congress of International Association for the Advancement of Teaching and Research in Intellectual Property. Buenos Aires, International Association for the Advancement of Teaching an, 2007.

 

Xue H., Les Fleurs du mal: A Critique of the Legal Transplant in Chinese Internet Copyright Protection, In: Dina Zloczower, Rutgers Computer and Technology Law Journal. New York, William S. Hein & Co., Inc., 2007, 38: 85.

 

Xue H., Mainland-Hong Kong Cross Border Intellectual Property Issues, Jiangsu Province Intellectual Property Training Lecture Series. Hong Kong, University of Hong Kong, 2007.

 

Xue H., National Monograph--A Comprehensive Review of PRC Intellectual Property Law, In: Mr. Karel van der Linde, Kluwer Law International - Publishing Manager, International Encyclopaedia of Law. Netherlands, Wolters Kluwer Law & Business, 2007, 120.

 

Researcher : Yang X

List of Research Outputs

 

Tai B.Y.T. and Yang X., The Constitutional Review in Hong Kong, 「香港的違憲審查度」，在湯宗、王鵬翔主編：《兩岸四地法律發展，上冊：違憲審查與行政訴訟》，(台北，中央研究院法律學研究所籌備處，2007年), In: Dennis T.C. Tang & Peng-Hsiang Wang, Cross-Strait, Four-Region: Law Developments in Taiwan, China, Hong Kong and Macau, Volume One: Constitutional Review and Administrative Litigation . Taipei, Taiwan, Institutum Jurisprudentias (Preparatory Office),Academia Si, 2007.

 

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., Making Sense of Trade Mark Use, European Intellectual Property Review . United Kingdom, Sweet & Maxwell, 2007, 29:10: 420 - 427.

 

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.

 

 

Researcher : Yu G

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., "Against Legal Origin: Of Ownership Concentration and Disclosure", Corporate Law Teachers Conference, held in Sydney by the University of New South Wales on February 5. 2008.

 

Yu G., Adaptive Efficiency and Financial Development in China: The Role of Contracts and Contractual Enforcement (with Hao Zhang), The Journal of International Economic Law. UK, Oxford University Press, 2008, 11(2): 459-494.

 

Yu G., Against Legal Origin: Of Ownership Concentration and Disclosure, The Journal of Corporate Law Studies. Oxford, Hart Publishing, 2007, 7(2): 285-305.

 

Yu G., Marriage Law Reform in China: An Economic Perspective, Beida Falu Pinglun (A law journal of Beijing University School of Law). Beijing, China, Beijing University Press, 2007, 8(2): 412-432.

 

Researcher : Yu GH

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.

 

 

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.

 

 

Researcher : Zhao Y

List of Research Outputs

 

Zhao Y., Development of Chinese Domain Name in Mainland China, 中文域名在中国内地的发展及现状, Seminar on Chinese Domain Names. 中文域名上网新趋势研讨会, 2008.

 

Zhao Y., Journal of East Asia and International Law. 2008.

 

Zhao Y., National Space Legislation in Mainland China, Journal of Space Law. the United States, 2008, 33: 427-436.

 

Zhao Y., On the Liability Convention for Outer Space and Its Consummation, 试论外空《责任公约》及其完善, Journal of Beijing University of Aeronautics and Astronautics (Social Science Edition). 北京航空航天大学学报（社会科学版）, 北京, 2008, 21: 43-47.

 

Zhao Y., Research on Space Commercialization and Patent Protection in Outer Space, 外空商业化与外空专利权的保护问题研究, Journal of International Economic Law. 国际经济法学刊, 北京, 北京大学出版社, 2008, 14: 209-225.

 

Zhao Y., Research on the Repatriation of War Prisoners (Republication), 战俘的遣返问题探究（再版）, Light of the Law of the Harbin Institute of Technology. 法律之光, 2008, 11: 14-21.

 

Zhao Y., Space Commercialization and the Development of Space Law. 外空商业化和外空法的新发展, Beijing, Intellectual Property Rights Press, 2008, 298.

 

Researcher : Zheng G

List of Research Outputs

 

Zheng G., Constitutional and Legal Development in China, 中国的宪政与法律发展, Santa Clara University School of Law. 2008.

 

Zheng G., Law and Politics of Legislative Interpretation in China, People's Assembly of Vietnam. Hanoi, Vietnam, 2008.

 

Zheng G., Lon Fuller's Fables, 富勒的寓言, In: Professor Gao Quanxi, From Classical Thought to Modern Constitution. 从古典思想到现代政制, Beijing, China, Law Press China, 2008, 571-597.

 

Zheng G., Member of the Editoring Board, 编委会成员, China Book Review. 中国书评, Guangxi Normal University Press, 2008.

 

Zheng G., Serendipitous Justice: A Study on Wrongful Convictions in China, The 2007 Joint Annual Meeting of the Law and Society Association (LSA) and the Research Committee on Sociology of Law (RCSL of ISA). Berlin, Germany, 2007.

 

Zheng G., “Law and Politics of Legislative Interpretation in China”, In: Professor Soogeun Oh, Ehwa Law Journal. Seoul, Korea, Ehwa Women's University, 2008, Volume 12: 21pp.

 

Zheng G., “Where to Go after Going out of a Cave: A Critical Review on Deng Zhenglai's Where Should Chinese Legal Scholarship Go”, “走出洞穴，走向何方”, Hebei Law Review. 《河北法学》, Hebei Law Society, 2007, 25: 24-26.



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