DEPT OF PROF LEGAL EDUCATION

Researcher : Chan FWH



Project Title:

Evaluation of skills and problem-based learning: Transitional phase for professional legal education

Investigator(s):

Chan FWH, Chow WS, Wu RWS

Department:

Prof Legal Education

Source(s) of Funding:

Leung Kau Kui Research and Teaching Endowment Fund - Teaching Grants

Start Date:

02/2005

 

Abstract:

To evaluate the 4-year experience in skills and problem-based learning from the legal and pedagogical perspectives, and to provide guidelines to shape the further reform.

 

List of Research Outputs

 

Chan F.W.H. and Chan W.S., A Research Note on Applying the Statistical Notion of “Confidence Intervals” in Tort Trials, Proceedings of the Annual Meeting of the Asian Law and Economics Association (16-17 August 2007, Taipei). 2007.

 

Chan F.W.H., Carriage of Goods by Sea and Bills of Lading, Santa Clara University Summer International Law Programme (June 2008, Hong Kong). 2008.

 

Chan F.W.H., Electronic Shipping and International Logistics, Santa Clara University Summer International Law Programme (June 2008, Hong Kong). 2008.

 

Chan F.W.H. and Rodrigues L.M., Halsbury's Laws of Hong Kong, Transport Law, Volume 26(1), 2007 Reissue. 2008, 1-519.

 

Chan F.W.H., Hong Kong Law Journal. Sweet & Maxwell, 2008.

 

Chan F.W.H., Maritime Dispute Resolution Goes Online , The United Nations (UNESCAP) 6th International Forum on Online Dispute Resolution (7 Dec 2007) . 2007.

 

Chan F.W.H., PIOS, Personal Injury Online Service, Sweet and Maxwell Asia. 2008.

 

Chan F.W.H., Revision Seminars (Head IV), Overseas Lawyers Qualification Examinations, Lex Omnibus, 2007.

 

Chan F.W.H., Ship Mortgage and Vessel Arrest Laws in Mainland China, Hong Kong and Taiwan -- a Comparative Analysis, The Journal of American Academy of Business, 2007, Vol.11(2), 118-123. 2007, 118-123.

 

Chan F.W.H., Shipping and Logistics, Santa Clara University Summer International Law Programme . 2008.

 

Chan F.W.H., The Law Society of Hong Kong, Examiner, Overseas Lawyers Qualification Examination, 2008.

 

Chan F.W.H., The Use of Statistics in Courtroom – An Empirical Experience from Hong Kong , Proceedings of the Joint Annual Meeting of the Law and Society Association (LSA) and the Research Committee on Sociology of Law (RCSL of ISA) (25-28 July 2007, Berlin). 2007.

 

Chow W.S., Young J.Y.K., Chan F.W.H., Wu R.W.S. and Cheung E.T.M., Exploring the Genesis, Andragogy and Pedagogy of Professional Legal Education in Hong Kong, 5th Asian Law Institute Conference. 2008.

 

Researcher : Cheung ETM



List of Research Outputs

 

Cheung E.T.M., Civil Procedure Updates, Hon Ms Margaret Ng's Office. 2008.

 

Cheung E.T.M., Civil Procedure Updates, Messrs. Or, Ng & Chan. 2007.

 

Chow W.S., Young J.Y.K., Chan F.W.H., Wu R.W.S. and Cheung E.T.M., Exploring the Genesis, Andragogy and Pedagogy of Professional Legal Education in Hong Kong, 5th Asian Law Institute Conference. 2008.

 

Researcher : Chow WS



List of Research Outputs

 

Chow W.S., Case No. D21/07, Hong Kong Inland Revenue Board of Review Decisions (2007-08) Vol 22, 1st Supplement. Hong Kong, Financial Services and Treasury Bureau, 2008, 541-554.

 

Chow W.S., Case No. D38/07, Hong Kong Inland Revenue Board of Review Decisions (2008-09) Vol 22, 2nd Supplement. Hong Kong, Financial Services and Treasury Bureau, 2008, 850-872.

 

Chow W.S., Case No. D91/06, Hong Kong Inland Revenue Board of Review Decisions (2007-08) Vol 22. Hong Kong, Financial Services and Treasury Bureau, 2007, 206-218.

 

Chow W.S., Young J.Y.K., Chan F.W.H., Wu R.W.S. and Cheung E.T.M., Exploring the Genesis, Andragogy and Pedagogy of Professional Legal Education in Hong Kong, 5th Asian Law Institute Conference. 2008.

 

Chow W.S., Tax Administration in the Hong Kong Special Administrative Region: Benchmarking Against International Standards, 8th International Tax Administration Conference: Safe Harbours and New Horizons. 2008.

 

Halkyard A.J., Chow W.S. and Leung S., Encyclopaedia of Hong Kong Taxation: Income Tax (Issue 15 to Volumes 3 and 4), LexisNexis Butterworths, 2007, 50pp.

 

Halkyard A.J., Chow W.S. and Leung S., Encyclopaedia of Hong Kong Taxation: Income Tax (Issue 16 to Volumes 3 and 4), LexisNexis Butterworths, 2007, 40pp.

 

Researcher : Davis NJ



List of Research Outputs

 

Davis N.J., Financial Assistance: Time for a Little Recap and a Lot of Reform, In: Steven Lee, Hong Kong Lawyer August 2007. 2007.

 

Researcher : Gooding EV



List of Research Outputs

 

Gooding E.V., "Settlement Initiatives under the new Civil Justice Reforms: Sanctioned Offers and 'Costs Only' Proceedings", Law Lectures for Practitioners 2007.

 

Gooding E.V., :Settlement Initiatives under the new Civil Justice Reforms: Sanctioned Offers and 'Costs Only' Proceedings", In: Cheng, Jen & Young, Law Lectures for Practitioners. Hong Kong, Hong Kong Law Journal LImited, 2008, 131 - 158.

 

Researcher : Halkyard AJ



List of Research Outputs

 

Halkyard A.J., "2007 Asia-Pacific Tax Update", 23rd Asia-Pacific Tax Conference, Bangkok. 2007.

 

Halkyard A.J., "2007: Hong Kong - Year in Review", Tax Notes International. United States, Tax Analysts, 2007, 1363-1365.

 

Halkyard A.J. and Chan Y.S., "Business Profits - To What Extent Can Interest Payable on Borrowed Funds Used to Pay Dividends Qualify for Deduction?", Asia-Pacific Journal of Taxation. 2007, 11(1): 135-149.

 

Halkyard A.J. and Phua L.H., "Common Law Heritage and Statutory Diversion - Taxation of Income in Singapore and Hong Kong", Singapore Journal of Legal Studies. 2007, 1-24.

 

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.

 

Halkyard A.J., "Hong Kong Taxation and Its Status as an International Finance Center" , Seoul Tax Law Review. Korea, 2007, 13-1: 273-291.

 

Halkyard A.J., "Hong Kong's Court of Appeal Considers Anti-avoidance Legislation", Tax Notes International. US, Tax Analysts, 2007, 161-164.

 

Halkyard A.J., "Ruling Clarifies Taxation of Stock Award and Option Plans", Tax Notes International (27 August 2007). U.S., Tax Analysts, U.S., 2007, 820-821.

 

Halkyard A.J. and Phua L.H., "The Impact of Tax Incentives on Foreign Direct Investment in Singapore and Hong Kong", 5th Asian Law Institute Conference, Singapore. Singapore, ASLI, NUS, 2008, 1-21.

 

Halkyard A.J., Duncan Bentley, "Taxpayers' Rights: Theory, Origin and Interpretation" [Book Review], InterTax. Netherlands, Kluwer, 2008, 36(3): 139-140.

 

Halkyard A.J., Chow W.S. and Leung S., Encyclopaedia of Hong Kong Taxation: Income Tax (Issue 15 to Volumes 3 and 4), LexisNexis Butterworths, 2007, 50pp.

 

Halkyard A.J., Chow W.S. and Leung S., Encyclopaedia of Hong Kong Taxation: Income Tax (Issue 16 to Volumes 3 and 4), LexisNexis Butterworths, 2007, 40pp.

 

Halkyard A.J., Encyclopaedia of Hong Kong Taxation: Stamp Duty (Issue 15 to Volume 1), Singapore, LexisNexis Butterworths, 2008, 10pp.

 

Researcher : Hotten KR



Project Title:

Developing e-learning for professional legal education in Hong Kong – A feasibility study

Investigator(s):

Hotten KR, Chow WS, Sherrin CH

Department:

Prof Legal Education

Source(s) of Funding:

Seed Funding Programme for Basic Research

Start Date:

11/2006

 

Abstract:

Background: With the funding assistance from the Run Run Shaw Research and Teaching Endowment Fund, the HKU PCLL has developed its own web base (http://www3.hku.hk/pcll for full-time registered students; http://www3.hku.hk/pcllpt for part-time ones) for teaching and learning since September 2002. However, it is still in its basic stage: it has been used mainly for disseminating information, email exchanges and handing in and returning course works. While software like Web-CT has been used in the context of learning core legal knowledge, there are clear limitations on their effectiveness in a professional course like the HKU PCLL with its direction and emphasis gearing more towards transactional and skills-based learning objectives, which require students to learn how to do things, rather than what is to be done. The objective is for the HKU PCLL to provide better platforms for students’ learning and facilitate in producing more effective learning outcomes by developing and utilizing its web base. Survey of available options: A preliminary review of the existing literature shows that remarkable developments in e-learning for professional legal education have been taking place in various jurisdictions. (i) UK – Generally the UK Centre for Legal Education (UKCLE: www.ukcle.ac.uk) is actively involved in the development of computer-based learning in law, with papers, conferences and discussion being actively initiated: for examples, a conference on ‘Legal issues of online learning environments held at the University of Warwick from 1 – 2 June 2005 and another Legal Practice Course Conference titled ‘Opportunities for change’, held at Nottingham Law School in the same month. Another conference on ‘Enhancing learning in law through web-based technology’ will be held at Aston University, Birmingham on 20 September 2006. Specifically, a ‘virtual town’ named ‘Ardcalloch’ (http://www.ardcalloch.ggsl.strath.ac.uk) has been developed by the Glasgow Graduate School of Law (GGSL), University of Strathclyde, in which law students and tutors are divided into fictional law firms and take on roles of lawyers and clients to solve simulated legal cases over the period of their legal practice course which is an equivalent to the PCLL in Hong Kong. The idea has since then been favourably received and inspired the creation of ‘Sieberdam’, the Dutch equivalent (www.sieberdam.nl/index.html), in 2004 by the Dutch Foundation RechtenOnline. The team of investigators is given to understand that the College of Law, London, which is the largest provider of the legal practice course in UK, is now working to develop webcasting for their courses with GGSL acting as the R&D wing. Most recently, the team has also been informed that the Joint Information Services Committee in UK has given a major grant (in the amount of £100,000) to GGSL and others for developing a transactional learning environment and embedding the same in a number of law schools throughout England and Wales. Continuing legal education via the web has also been implemented in the UK. (ii) Australia – The Graduate Diploma in Legal Practice offered by the Australian National University (http://law.anu.edu.au/legalworkshop/programoptions.asp) and the Practical Legal Training program run by the University of Technology Sydney (http://datasearch.uts.edu.au/law/courses/practical.cfm) are examples of courses where web-based/distance learning is provided as an alternative or an addition to face-to-face teaching. (iii) US – In early 1982, a non-profit consortium of law schools named the Center for Computer-Assisted Legal Instruction (CALI) (www.cali.org) was first incorporated to research and develop computer-mediated legal instruction with a view to supporting institutions and individuals using technology and distance learning in legal education. It has been holding annual conferences in the States for law school computing since 1991 in which institutions around the world can share their experiences in exploring and implementing different modes of computer-mediated legal instructions. Key issues: As described above, e-learning in professional legal education is a dynamic and fast developing field and there are plenty of options available, to study and evaluate. The PCLL has distinctive characteristics which differentiate it from any of its equivalents around the world in the sense that (1) it has a longer duration; and (2) locally trained students still constitute the majority although we also admit a large number of law graduates from overseas. It is necessary to explore whether in the light of these differences which of the developed systems in overseas jurisdictions could be best adapted to the Hong Kong context and to determine how much redesign and modification will be necessary. Purpose of the project: As a result, the purpose of this project is to conduct a feasibility test on the various models available, with reference specifically to the Hong Kong context. In particular, since the curriculum design and pedagogies adopted in HKU PCLL are moving in a direction closer to its UK equivalent, it is proposed that greater enquiry will be placed initially on the ‘Ardcalloh’ model without losing sight of other options. The objectives of the feasibility study will be: (a) to see how far e-learning can be further developed in the HK context; (b) to identify any obstacles for further development; and (c) wherever possible and practicable, suggest solutions to overcome the challenges. It is also one of the objectives of this project to ascertain both the tangible and intangible requirements, and the costs involved, for a successful adaptation of the ‘Ardcalloh’ model to the HKU PCLL. References: 1. Paul Maharg, Negotiating the Web: Legal Skills Learning in a Virtual Community, International Review of Law Computers & Technology, 2001, Vol. 15, No 3, pp 345 – 360. 2. Paul Maharg and Abdul Paliwala, Negotiating the Learning Process with Electronic Resources, in Burridge, R. a.o. (ed) Effective Learning & Teaching in Law, Kogan Page, London, 2002, pp 81 – 104. 3. Paul Maharg, Legal Sims: From Everquest to Ardcalloch (and Back Again), a paper presented at the 2004 CALI annual conference, University of Washington School of Law, Seattle, 18 June 2004 accessible at www2.cali.org/conference/2004/presentations/Legal%20Sims.doc. 4. Paul Maharg, Virtual Firms: Transactional Learning on the Web, Journal of the Law Society of Scotland, 13 October 2004, accessible at www.jounralonline.co.uk/article.aspx?id=1001154. 5. R W Holzhauer, Sieberdam – Designing a Virtual Town for Academic Legal Education, accessible at www.frg.eur.nl/lia/icto/projecten/rechtenonline/sieberdam.pdf. 6. Patricia McKellar & Paul Maharg, Presence, Emergence and Learning Objects: User Interaction in a Virtual Learning Environment, accessible at www.ggsl.strath.ac.uk/ltdu/research (Learning Technologies Development Unit).

 

List of Research Outputs

 

Hotten K.R., Halsbury's Laws of Hong Kong vol. 17(2) Legal Practitioners, Hong Kong, Lexis Nexis, 2007, 17(2): 365.

 

Hotten K.R., Halsbury's Laws of Hong Kong vol. 9 Criminal Procedure, Lexis Nexis, 2007, 9: 800.

 

Researcher : Meggitt G



List of Research Outputs

 

Meggitt G., Civil Justice Reform in Hong Kong - Its Progress and its Future, In: Richard Glofcheski, Hong Kong Law Journal. Sweet & Maxwell Asia, 2008, Volume 38 Part 1: 89-128.

 

Meggitt G., The Case for (and Against) Compulsory Court-Annexed Mediation in Hong Kong, In: Not applicable, 5th Asian Law Institute (ASLI) Conference. Singapore, ASLI, 2008, 5th ALSI Conference: Not applicable.

 

Researcher : Whitfort AS



List of Research Outputs

 

Whitfort A.S., Animal Welfare Law in Hong Kong, In: Chinese Academy of Social Sciences, Chinese Acadamy of Social Sciences and RSPCA (International).. China, Chinese Academy of Social Sciences, 2008.

 

Whitfort A.S., Archbold Hong Kong 2007, Fourth Supplement, In: The Hon Mr Justice Bokhary, Clive Grossman SC and I Granville Cross SC, Hong Kong, Sweet and Maxwell, 2008, 4: 1-6.

 

Whitfort A.S., Introduction to Criminal Procedure in Hong Kong and the Role of International Instruments, In: Macau Legislative Council, Macau International Symposium on Criminal Procedure Law. Macau, 2008.

 

Whitfort A.S., Presumed Guilty: Reverse Burdens and the Presumption of Innocence, In: Michelle Cheng, Julienne Jen and Jessica Young, Hong Kong Law Journal; Law Lectures for Practitioners 2007. Hong Kong, Hong Kong Law Journal, 2008, 17-41.

 

Whitfort A.S., Presumed Innocent? New Trends in Criminal Justice, Law Lectures for Practitioners. 2007.

 

Whitfort A.S., The Annotated Ordinances of Hong Kong: the Homicide Ordinance. Hong Kong, Butterworths, 2007, 1: 18.

 

Researcher : Wilkinson RM



Project Title:

Civic procedure textbook for students

Investigator(s):

Wilkinson RM, Burton JR, Cheung ETM

Department:

Prof Legal Education

Source(s) of Funding:

Other Funding Scheme

Start Date:

06/2000

 

Abstract:

To write a textbook for students on civil procedure.

 

List of Research Outputs

 

Wilkinson R.M., A Student's Guide to Hong Kong Conveyancing 5th edition. Lexis Nexis, 2007, 1650 pp.

 

Wilkinson R.M., Advocacy and the Litigation Process in Hong Kong 3rd edition, September 2007. Singapore, Lexis Nexis, 2007.

 

Wilkinson R.M., Halsbury's Laws of Hong Kong Vols 5(1), (1a) and (2) Issue no 38, Lexis Nexis December 2007, 150 pp, Singapore, Lexcis Nexis, 2007, 38: 150.

 

Wilkinson R.M., Halsbury's Laws of Hong Kong Vols 5(1), (1a) and (2), Issue no 39 May 2008, lexis Nexis 130 pp, Singapore, Lexis Nexis, 2008, 39: 130.

 

Wilkinson R.M., Hojg Kong Conveyancing Law and Practice issue No 45 Lexis Nexis May 2008 185 pp. Singapore, Lexis Nexis, 2008, 45: 185.

 

Wilkinson R.M., Hong Kong Conveyancing Cases and Materials Issue No 42 Lexis Nexis November 2007 pp 280. Singapore, Lexis Nexis, 2007, 42: 280.

 

Wilkinson R.M., Hong Kong Conveyancing Cases and Materials Issue No 43 Lexis Nexis January 2008 pp 190. Singapore, Lexis Nexis, 2008, 43: 190.

 

Wilkinson R.M., Hong Kong Conveyancing Cases and Materials Vol 44 Lexis Nexis May 2008 pp 175. Singapore, Lexis Nexis, 2008, 44: 175.

 

Wilkinson R.M., Hong Kong Conveyancing Law and Practice Issue No 44 Lexis Nexis 230 pp January 2008. Singapore, Lexis Nexis, 2008, 44: 230.

 

Wilkinson R.M., Hong Kong Conveyancing Law and Practice Issue No 43 November 2007 . Lexis Nexis, 2007, pp 175.

 

Wilkinson R.M., Hong Kong Conveyancing Law and Practice Issue no 42 July 2007 Lecxis Nexis 2007 160 pp . Singapore, lexis nexis, 2007, 160.

 

Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong (Student edition), 2nd edition, Singapore, Lexis Nexis, 2008, 740.

 

Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong Issue No 1 October 2007, 80 pp, Lexis Nexis, Singapore, Lexis Nexis, 2007, 1: 80.

 

Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong Issue No 2 December 2007 Lexis Nexis pp 120, Singapore, Lexis Nexis, 2007, 2: 120.

 

Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong, 3 volumes looseleaf. Singapore, Lexis Nexis, 2007, 1,500 pp.

 

Researcher : Wu RWS



Project Title:

The Law and Policy for Implementing a Land Title Registration System in Hong Kong

Investigator(s):

Wu RWS, Wilkinson RM

Department:

Prof Legal Education

Source(s) of Funding:

Seed Funding Programme for Basic Research

Start Date:

07/2007

 

Abstract:

In 2004, the Hong Kong Government introduced the Land Titles Ordinance (Cap.585, Laws of Hong Kong). The law, which is expected to take effect in 2008, will establish a system of land title registration in Hong Kong. At present, Hong Kong is implementing a system of deed registration, under which the property title is determined by the title deeds of the property, and not by the title record of the Government. As a result, title disputes arise frequently in Hong Kong properties. In other developed jurisdictions, however, the deed registration system has been replaced by the land title registration system. Apart from providing greater legal certainty to land owners and property transactions, the land title registration system also reduces title disputes in property transactions. Thus, the new law brings Hong Kong in line with other developed jurisdictions in adopting the land title registration system. This study investigates three major research questions. Firstly, what is the role of government in implementing the land title registration system in other countries? How do other governments implement the land title registration system in their countries? What legal, regulatory and administrative measures have these governments adopted to implement the land title registration system? Secondly, what are the strengths and inadequacies of the land title system in other countries? Finally, whether, and how, the implementatin experience of overseas countries be relevant to Hong Kong? What lessons can Hong Kong learn from these overseas countries in implementing the land title registration system? This project attempts to achieve three obectives. Firstly, it strives to to acquire the latest knowledge of the reformed experience of land title registration system in other jurisdictions (focusing on the U.K. and Australia). Secondly, it formulates concrete legal and policy recommendations for the implementation of the land title registration system Hong Kong having regard to the experience of other jurisdictions. Finally, it establishes a Focus Group made up of local and overseas legal experts in land title registration who will meet regularly to discuss the development of land title registration both locally and internatinally, thereby contributing to the academic discourse on land title registration.

 

List of Research Outputs

 

Chow W.S., Young J.Y.K., Chan F.W.H., Wu R.W.S. and Cheung E.T.M., Exploring the Genesis, Andragogy and Pedagogy of Professional Legal Education in Hong Kong, 5th Asian Law Institute Conference. 2008.

 

Wu R.W.S. and Leung G.L.K., A Unified Regulator And A Unified Law - The Right Regulatory Framework For Hong Kong Telecommunications Market? , 18th European Regional Conference of the International Telecommunications Society, Istanbul, 3-5 September . 2007.

 

Wu R.W.S. and Leung G.L.K., Converging Regulator in a Converging World - A Critical Evaluation of the Establishment of the Communications Authority in Hong Kong , International Telecommunications Society Africa-Asia-Australasia Regional Conference, Perth, 27-28 August . 2007.

 

Wu R.W.S. and Leung G.L.K., Hong Kong And Singapore: Two Asian Models Of Telecommunications Regulation? , 17th Biennial Conference of International Telecomunications Society, Montreal, Canada, 24-27, June . 2008.

 

Wu R.W.S., Legal Reform for Commercialisation Of State Owned Banks in The People's Republic of China, The Third Annual Conference Of Asian Law And Economics Association, Taipei, 16-17th August. 2007.

 

Wu R.W.S., Reform of Professional Legal Education in Hong Kong - A New Model For China and Asia? , International Conference on Law and Society in the 21st Century, Berlin, 25-28 July. 2007.

 

Wu R.W.S., Significance Of Professional Legal Education Reform In Hong Kong To Practical Legal Skill Training In Chinese Law Schools: A Critical Assessment , Annual Conference Of Law And Society Association, Montreal, Canada, 29 May to 1 June . 2008.

 

Wu R.W.S., The Changing Legal and Regulatory Regime for Negotiable Instruments in the People's Republic Of China: A Critical Evaluation , The 5th Annual Asian Law Institute (ASLI) Conference, Singapore, 22-23, May . 2008.

 

Researcher : Young JYK



List of Research Outputs

 

Chow W.S., Young J.Y.K., Chan F.W.H., Wu R.W.S. and Cheung E.T.M., Exploring the Genesis, Andragogy and Pedagogy of Professional Legal Education in Hong Kong, 5th Asian Law Institute Conference. 2008.

 

Young J.Y.K., Asian Journal of Comparative Law. Singapore, Asian Law Institute, 2007, 2(2007).

 

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

 

Young J.Y.K., Drafting In Unfamiliar Territories, In: Katherine Lindsay, The Newcastle Law Review. 2007, (2005-6) Newc LR Vol 9.



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