LAW FACULTY
| Researcher : Chan FWH |
| Project Title: | Actuarial Assessment of Damages in Personal Injury Litigations --- How Precise Are We? |
| Investigator(s): | Chan FWH, Chan WS |
| Department: | Prof Legal Education |
| Source(s) of Funding: | General Research Fund (GRF) |
| Start Date: | 12/2008 |
| Abstract: |
| 1) to compute and report the actuarial multipliers in the form of confidence intervals that take account of the uncertainty inherited from the survival probability distribution, 2) to compute and report the actuarial multipliers in the form of confidence intervals that take account of the uncertainty inherited from the risk-free rate of return (net of inflation), and 3) to estimate the risk-free rate of return in real terms and its uncertainty for places in which inflation-linked government debt securities are not available. |
| Project Title: | The Seventh International Conference on Maritime Law Maritime Injuries and Fatal Accidents: The Actuarial Approach to Assessing Compensation |
| Investigator(s): | Chan FWH |
| Department: | Prof Legal Education |
| Source(s) of Funding: | URC/CRCG - Conference Grants for Teaching Staff |
| Start Date: | 11/2009 |
| Abstract: |
| N/A |
| List of Research Outputs |
| Chan F.W.H. and Zhao L., 英國海事仲裁管轄權問題的新發展, 中國海事審判年刊, 北京法律出版社, 2010, 150-161. |
| 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. |
| Project Title: | Diversity Studies |
| Investigator(s): | Chan JMM |
| Department: | Law |
| Source(s) of Funding: | Seed Funding for Strategic Research Theme |
| Start Date: | 05/2009 |
| Completion Date: | 09/2012 |
| Abstract: |
| n/a |
| Project Title: | Visiting Research Professors Scheme 2009-10 |
| Investigator(s): | Chan JMM |
| Department: | Law |
| Source(s) of Funding: | Visiting Research Professors Scheme |
| Start Date: | 09/2009 |
| Abstract: |
| To support the appointment of Professor Rolf H. Weber as Visiting Research Professor in the Faculty of Law. |
| List of Research Outputs |
| Chan J.M.M., A Constitutional Right to Fair Hearing: Impact on Administrative Justice, University of Macau. 2010. |
| Chan J.M.M., A Critique on the Judgment of Liu Xiaobo, Seminar on the Rule of Law in China, The University of Hong Kong. 2010. |
| Chan J.M.M., A New Era of Fundamental Rights, Lexis-Nexis, Judicial Review in Hong Kong Summit. 2009. |
| Chan J.M.M., Access to Justice, Keynote Speech at the Inaugural East Asian Law and Society Conference. 2010. |
| Chan J.M.M., Civil And Criminal Procedure And The Law Of Evidence, In: Albert Chen, Johannes Chan, Alice Lee, Angelina Luk, General Principles Of Hong Kong Law. 香港法概論, Hong Kong, Joint Publishing (HK) Co Ltd, 2009, 2nd ed: 53-99. |
| Chan J.M.M., Constitutional Development in Hong Kong, University of Zurich. 2010. |
| Chan J.M.M., Contribution of the Court of Final Appeal in Administrative Law, Conference on Court of Final Appeal, University of Hong Kong. 2010. |
| Chan J.M.M., Chen A.H.Y., Lee A.S.C. and Luk A., In: Albert Chen, Johannes Chan, Alice Lee, Angelina Luk, General Principles Of Hong Kong Law. 香港法概論, Hong Kong, Joint Publishing (HK) Co Ltd, 2009, 2nd ed: 511+ xii. |
| Chan J.M.M., Governance in Hong Kong: The Second Tier, Hong Kong Democratic Foundation, SynergyNet, Civic Exchange, Hong Kong Development Network, The Society for Community Organization, Power for Democracy, and Democracy Depot, SYmposium on One Country, Two Systems & Hong Kong's Governing Forces. 2009. |
| Chan J.M.M., Legal System, In: Albert Chen, Johannes Chan, Alice Lee, Angelina Luk, General Principles of Hong Kong Law. 香港法概論, Hong Kong, Joint Publishing (HK) Co Ltd, 2009, 2nd ed: 1-52. |
| Chan J.M.M., Reflections at the Academia, Ming Pao Publishing Ltd, 2010, 391 pp. |
| Chan J.M.M. and Lai B., Remedies in Administrative Law, In: C Forysth, M Elliott, S Jhaveri, M Ramsden & A Scully-Hill, Effective Judicial Review: A Cornerstone of Good Governance. Oxford, New York, Auckland, Oxford University Press, 2010, 359-381. |
| Chan J.M.M., Some Reflections on Remedies in Administrative Law, Hong Kong Law Journal. Hong Kong, Hong Kong Law Journal Ltd, 2009, 39: 321-337. |
| Chen A.H.Y., Chan J.M.M., Lee A.S.C. and Luk A., GENERAL PRINCIPLES OF HONG KONG LAW (in Chinese) , Hong Kong, Joint Publishing, 2009, xii + 511 pp. |
| Researcher : Cullen RW |
| List of Research Outputs |
| Young S.N.M. and Cullen R.W., Electing Hong Kong's Chief Executive. Hong Kong, HKU Press, 2010, 254 pp. |
| Researcher : Lim CL |
| Project Title: | REGIONAL TRADE AGREEMENTS, WTO INSTITUTIONAL REFORM AND DEVELOPMENT |
| Investigator(s): | Lim CL |
| Department: | Law |
| Source(s) of Funding: | Seed Funding Programme for Basic Research |
| Start Date: | 05/2008 |
| Abstract: |
| 1. In the first phase of legal scholarship, much attention was paid to the legal permissibility, institutional supervision and economic wisdom of RTAs. In this, second phase of RTAs, attention has shifted to practical policy questions of WTO supervision and reform. This mirrors events in the “external world” – namely, the larger debate on WTO reform, and the new WTO transparency requirements in relation to RTAs entered into by WTO members. Regionally, legal research on the legal-institutional, design and architectural aspects of Asia Pacific regionalism is however still in its infancy, thus far having largely attracted the attention of economists, official (largely economic) research commissioned by international bodies, and specialists in strategic and area studies. This has neglected the critical role which legal design and architecture, and legal concepts play in the construction of Asian and Asia-Pacific trade regionalism. 2. The centre-piece of the research for which funding is presently sought is organized around the following issues: a. A United States regional trade policy which might fairly be described as lacking in ambition following the “death” of the Enterprise for ASEAN initiative, and the need for a proper appreciation of the real and potential significance of the FTAs with Singapore (USSFTA), Vietnam (US-Vietnam) and South Korea (KORUS). b. The thin regulation and supervision of RTA design and content at the multilateral level (i.e. the multilateral regulatory deficit). c. Points a. and b. above as factors in considering the assertiveness and “competitive liberalism” amongst the “big three” in East Asia (Japan, China and South Korea), the position of ASEAN, and India’s RTA policy. d. Design weaknesses in the Asian RTAs resulting from a combination of points b. and c. such as the use of umbrella RTAs with relatively few multilateralised concessions even amongst its members (e.g. the China-ASEAN FTA), or even substantive weaknesses such as the low rate of “FTA-returns” in the case of ASEAN (measured in terms of increases in intra-ASEAN trade etc.). e. Implications for Asia-Pacific trade, including an assessment of the feasibility of an APEC-wide 21-member RTA and the significance of that proposal for the EU especially in connection with the experience of the laggardly, but of late more promising, Doha Round of global trade talks. |
| List of Research Outputs |
| Arner D.W., Lim C.L. and Zhang X.C., Asian Commercial, Financial and Economic Law and Policy Book Series, Edward Elgar. 2009. |
| Gao H.S. and Lim C.L., Saving the WTO from the Risk of Irrelevance, In: Debra P. Steger, REDESIGNING THE WORLD TRADE ORGANIZATION FOR THE 21ST CENTURY. Waterloo, Laurier, 2009, 389-416. |
| Lim C.L., Associate Fellow, Singapore Institute of International Affairs. 2010. |
| Lim C.L., Conferred title of Visiting Professor in the School of Law, King's College London for the period 2009-2012 for "substantial contribution to teaching and research", 2009. |
| Lim C.L., Journal of Korea Trade. Korea Trade Research Association, founded in 1974, 2009. |
| Lim C.L., Lessons from Ecology: The Intra-Asian and Extra-Asian Models of FTA Dispute Settlement, Asia WTO Research Network Bi-Annual Conference, Thailand. 2009. |
| Lim C.L., “Did Captain America Kill International Law?” , In: Marie-Luisa Frick & Andreas Oberprantacher, POWER AND JUSTICE IN INTERNATIONAL RELATIONS . Surrey, Ashgate, 2009, 29-52. |
| Lim C.L., “Hong Kong’s Strategies on Regional Cooperation”, New Opportunities & Challenges in Hong Kong’s Development: Southeast Asian Perspectives, Central Policy Unit, Government of the HKSAR. 2009. |
| Lim C.L., “Regional FTAs and Global Governance”, Workshop on Comparative Regional Economic Governance: Learning from Crises?, School of International Studies, Peking University. 2010. |
| Lim C.L., “The Future of Free Trade Agreements and Bilateral Investment Treaties”, New York State Bar Association, Seasonal Meeting 2009, Singapore. 2009. |
| Lim C.L., “The Turn to Trade”, PROC AM SOC’Y INT’L L. Washington D.C., American Society of International Law, 2009, 103: 231-237. |
| Researcher : Luk A |
| List of Research Outputs |
| Chen A.H.Y., Chan J.M.M., Lee A.S.C. and Luk A., GENERAL PRINCIPLES OF HONG KONG LAW (in Chinese) , Hong Kong, Joint Publishing, 2009, xii + 511 pp. |
| Ho L.K.S. and Luk A., Trusts and Succession, 信託法與繼承法, In: Albert Chen et al., General Principles Of Hong Kong Law. 香港法概論, Hong Kong, San Luen Publishing House, 2009, 333-375. |
| Researcher : Young SNM |
| 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: | General Research Fund (GRF) |
| 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. |
| Project Title: | Outstanding Young Researcher Award 2008-2009 |
| Investigator(s): | Young SNM |
| Department: | Law |
| Source(s) of Funding: | Outstanding Young Researcher Award |
| Start Date: | 12/2009 |
| Abstract: |
| The Awards are intended to recognize, reward, and promote exceptional research accomplishments of academic and research staff. |
| List of Research Outputs |
| Young S.N.M., CCPL's Political Reform Proposal, Hong Kong Political Reform Forum, Asia Pacific Law Association. Hong Kong, 2010. |
| Young S.N.M. and Cullen R.W., Electing Hong Kong's Chief Executive. Hong Kong, HKU Press, 2010, 254 pp. |
| Young S.N.M., Electing Hong Kong's Chief Executive in 2012, Foreign Correspondents' Club Lunch Speaker and Book Launch. Hong Kong, 2010. |
| Young S.N.M., Explaining Human Rights Impact in Hong Kong Criminal Courts, Criminal Evidence and Human Rights: Explorations in Common Law Comparativism, University of New South Wales. Sydney, Australia, 2010, 23 pp. |
| Young S.N.M., Fundamental Rights and the Basic Laws of the Hong Kong and Macau Special Administrative Regions, In: J Oliveira & P Cardinal , One Country, Two Systems, Three Legal Orders – Perspectives of Evolution. Heidelberg, Springer, 2009, 681-693. |
| Young S.N.M., Legislative Council Reforms for 2012 and 2016, Hong Kong Political Reform Series: The 2009 Consultation Document - Will it Break the Deadlock?, University of Hong Kong. Hong Kong, 2010. |
| Young S.N.M., Outstanding Young Researcher Award 2008-2009, The University of Hong Kong. 2010. |
| Young S.N.M., Prosecutions Division of the Department of Justice, In: M.S. Gaylord, D. Gittings & H. Traver, Introduction to Crime, Law and Justice in Hong Kong. Hong Kong, HKU Press, 2009, 111-130. |
| Young S.N.M., Reflections on Deadlock, Hong Kong Political Reform Series: Breaking the Deadlock, University of Hong Kong. Hong Kong, 2009. |
| Young S.N.M., Written Submission on the Consultative Document on the Methods for Selecting the Chief Executive and for Forming the Legislative Council in 2012 to the Constitutional and Mainland Affairs Bureau, Centre for Comparative and Public Law. Hong Kong, 2010. |
| Researcher : Zhang XC |
| Project Title: | Implementation of the Antimonopoly Law in China: Insitutional Challenges and Implications |
| Investigator(s): | Zhang XC |
| Department: | Law |
| Source(s) of Funding: | Small Project Funding |
| Start Date: | 11/2008 |
| Abstract: |
| This research proposal aims at carrying out a comprehensive study of the newly adopted Antimonopoly Law of China, which will become effective on August 1, 2008. Anti-monopoly law (also known as antitrust law) has been considered “Magna Carta” of a market economy. In a socialist country like China to develop an anti-monopoly law regime in its course of marketization will not only mean a significant step forward for a real market economy and a milestone of a new level playing field for all the market players, but also have profound political implications on the authoritarian political system. As such, the legislation took 13 years, perhaps the longest drafting record in the PRC’s economic legislative campaign, to managed to reach some compromises in 2007 and still left many questions unanswered. As such some expert holds that the new law is just a work in progress and may become a source of uncertainty in China’s market development. Against this background, the proposed research will focus on four key aspects of the Antimonopoly Law and its implementation: (1) Major provisions of the law and the remaining gap with its counterparts of other major economies in the world, including both developed countries (US and EU) and developing countries (mainly, India). On this basis this study is to find out the major characteristics of this legislation in the China’s context. (2) The enforcement of the Law against administrative monopoly and monopolistic conducts of state-owned/controlled companies. Despite the 30 years reform China is still an economy under the government’s strong policy control. As such the research will investigate the competition condition of the Chinese market by examining the legal and institutional obstacles and the biased policy to the development of domestic private enterprises. Moreover, the concerns with consumer protection against market monopolistic conducts will also be considered in this part. (3) Implications of the enforcement of the Law on foreign investment. Since China’s accession to the WTO, the dynamic wave of foreign mergers and acquisitions (M&A) in China have not only triggered a heated debate among scholars and businessmen on protection of “national industries” and the so-called national champions policy”, but also divided the government authorities on their foreign investment policy. Certain recent the policy change and introduction of new rules for foreign M&A cases, such as the unfinished acquisition of Xugong by Carlyle at a proposed price of US$ 375 million since 2005, have attracted a great deal of international attention. Thus, the enactment of the Antimonopoly Law seems to raise further concerns with foreign investment conditions in China. (4) The institutional challenges to effective enforcement of the Law. In this regard, in addition to the equal enforcement against domestic administrative monopoly and foreign monopoly, the further concerns include the segmented enforcement design with the participation of different government agencies under the current Law as a compromise to mitigate the power struggle among the state authorities and the underdeveloped institutional support to a successful implementation, such as lack of independence of the enforcement authorities and the People’s Court, local protectionism and unclear definition of the central-local relationship, the strong role and ideology of the government and the Communist Party on the market, lack of competitive culture, and the underdeveloped democratic society. With the identified research areas/issues, the objectives of this proposed project are: 1. to examine the newly established antimonopoly law regime in the context of the legal development/reform in China; 2. to assess the achievements of the antimonopoly legislation in China’s socialist market development and the remaining gap with the other major economies in the world (mainly US, EU and India); 3. to identify and study the major institutional obstacles and the social/political conditions that affect the effective implementation of the Antimonopoly Law; 4. to investigate the impacts of the Antimonopoly Law implantation on foreign investment, particularly on foreign M&As in China; and 5. to study the development of the competition police in China with reference to the experience of other countries and its implications to the State-owned enterprises reform and the reform of the political system. As a small research project the investigator does not want to divert his attention to the major concerns, but the issues highlighted above are closely interrelated and need to be studied together in order to ensure the comprehensive understanding of the entire system in China’s context. Although the objectives may not be achieved in a very comprehensive and thorough fashion, the research will surely lay a good foundation for a larger scale research project. This research will also directly benefit the teaching of the investigator (currently the investigator is responsible for teaching three courses on PRC commercial laws and cross-border dispute resolution concerning Hong Kong). |
| Project Title: | Fourth International Conference on Interdisciplinary Social Sciences The Prism of the Diary Disaster in China |
| Investigator(s): | Zhang XC |
| Department: | Law |
| Source(s) of Funding: | URC/CRCG - Conference Grants for Teaching Staff |
| Start Date: | 07/2009 |
| Completion Date: | 07/2009 |
| Abstract: |
| N/A |
| List of Research Outputs |
| Arner D.W., Lim C.L. and Zhang X.C., Asian Commercial, Financial and Economic Law and Policy Book Series, Edward Elgar. 2009. |
| Zhang X.C., An Empirical Study on Judicial Assistance between Hong Kong and Taiwan in Civil and Commercial Matters, 香港台湾两地民商事案件司法协助实证研究, Academia Sinica Law Journal, No. 5 . 台湾中研院法学期刊, 2009, 1-68. |
| Zhang X.C., An Institutional Race: A Comparative Study of the Competition Law Regimes in India and China, in Muthucumaraswamy Sornarajah and Jiangyu Wang (ed.), , China, India and the International Economic Order, . Cambridge University Press, 2010, 577-616. |
| Zhang X.C., Civil Justice Reform and its Endurance Limit, The Conference on the Development of the Chinese Legal System: Change & Challenges at the University of Hong Kong. 2009. |
| Zhang X.C., Hong Kong in Cross-Border Economic Integration under CEPA, the Greater Pearl River Delta, and the Pan-Pearl River Delta: Legal and Institutional Challenges, In: Joseph Y. S. Cheng , Guangdong: Challenges in Development and Crisis Management. 2010, 193-231. |
| Zhang X.C., Interdisciplinary Legal Education: A Developing Ideology and Practice, 跨学科法学教育：发展中的理念与实践, at the Conference on Cross-strait Legal development at the Institutum Jurisprudentiae of Acedamia Sinica of Taiwan . 2010. |
| Zhang X.C., Macao’s Contributions to the Developments of Regional Judicial Assistance in Civil and Commercial Matters and Their Features, 澳门对中国民商事区及司法协助发展的贡献及其特色, the Conference on Macao’s Legal Reform and Development at Macao Technology University School of Law . 2010. |
| Zhang X.C., Market Access as an Institutional Challenge to China, The Conference on Trade Agreements: Where Do we Go from Here? at Victoria University of Wellington . 2009. |
| Zhang X.C., Minority shareholders’ protection: The Judicial and Legislative Interplay in Hong Kong, 中小股东保护：香港司法与立法的互动, the Symposium on Cross-strait Property Law at the National Chung Cheng University of Taiwan . 2010. |
| Zhang X.C., The Contribution of the Macau SAR to the Developments of Regional Judicial Assistance in Civil and Commercial Matters and its Characteristics, 澳门特区对中国区际民商事司法协助发展的贡献及其特色, Journal of Comparative Law (Issue No. 3) . 比较法研究, 2010, 93-104. |
| Zhang X.C., The Development and Challenges in Cross-Border Evidence Taking in Criminal Cases between the Mainland china and the Hong Kong SAR, 内地香港刑事案件跨境取证的发展与挑战, the 2nd Forum of Regional Criminal Law of China at the University of Hong Kong . 2009. |
| Zhang X.C., The External Effects of the Articles of Association: Comparative Case Analysis and the Recent Developments, 公司章程的对外效力：案例比较和晚近的发展, the Conference on Constitutional Reform & Financial Regulation (HKU-PekingU Annual Conference) at the University of Hong Kong . 2009. |
| Zhang X.C., The Prism of the Dairy Disaster in China, the 4th International Conference on Interdisciplinary Social Sciences at University of Athens, Greece. 2009. |
| Zhang X.C., Trend in Commercial Law Development in China, the Project Workshop on China Governance Analysis of Management System International (US) . 2010. |