DEPT OF PROF LEGAL EDUCATION



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., Carriage of Goods by Sea and Bills of Lading , Invited lecture, Santa Clara University Summer International Law Programme (June 2010, Hong Kong), 2010. 2010.
Chan F.W.H., Electronic Transport Records, Seminar of the Rotterdam Rules, Hong Kong Shipowners Association, Hong Kong Maritime Law Association and Hong Kong Shippers Council. 2010.
Chan F.W.H., Ng J., Tai S.K. and Tang O., Halsbury's Laws of Hong Kong, Maritime Law (Volume 18, 2009 Edition). Hong Kong, LexisNexis, 2009, 869.
Chan F.W.H., Maritime Electronic Commerce and International Logistics, Invited lecture, Santa Clara University Summer International Law Programme (June 2010, Hong Kong). 2010.
Chan F.W.H., Maritime Injuries and Fatal Accidents: The Actuarial Approach to Assessing Compensation , Proceedings of the Seventh International Conference on Maritime Law (Shanghai, 13-14 Nov 2009). 2009, 1-14.
Chan W.S., Chan F.W.H. and Li J.S.H., A threshold formula for indexing the discount rate for actuarial assessment of damages in personal injury litigation, 14 International Congress on Insurance:Mathematics and Economics, University of Toronto, 17-19 June 2010.
Chow W.S., Chan F.W.H., Jen J. and Wu R.W.S., A New Era of Professional Legal Education in Hong Kong, 培養新一代的香港律師, The Greater China Seminar on Legal Education, Taipei, 11-12 June . 2010兩岸四地法律發展學術研討會, 2010.
Chow W.S., Jen J., Chan F.W.H. and Wu R.W.S., 培養新一代的香港律師:新瓶、新酒, 兩岸四地法律發展學術研討會, 2010.


Researcher : Cheng ML

List of Research Outputs

Cheng M.L., Jen J. and Young J.Y.K., Hong Kong, Hong Kong Law Journal Limited, 2009, Law Lectures for Practitioners 2008.


Researcher : Cheung ETM

List of Research Outputs

Cheung E.T.M., Expert Opinion on the nature and effect of a Default Judgment in Hong Kong for enforcement in Cook Islands, ONC Lawyers. 2009.
Cheung E.T.M., Mediation and Administration of Justice, 調解與司法公義, In: Mingpao, Legal Education Column, Mingpao. 明報法園地, Hong Kong, Mingpao, 2010.
Cheung E.T.M., Stick to the Rules, 按本子辦事, In: Mingpao, Legal Education Column, Mingpao. 明報法園地, Hong Kong, Minpao, 2009.
Cheung E.T.M., Way Out for Political Reform, 政改出路﹕支持反對兼容並包, In: Mingpao, Mingpao Forum, Mingpao. Hong Kong, Mingpao, 2010.
Cheung E.T.M. and Lee R.W.C., “合約法” (“The Law of Contract”) published in 《香港法概論》(General Principles of Hong Kong Law, new edn) (三聯書店 Joint Publishing (H.K.) Co. Ltd; Albert Chen et al (eds)), co-authored with Ms Rebecca Lee , Hong Kong, 三聯書店 Joint Publishing (H.K.) Co. Ltd, 2009, 205-239.


Researcher : Chow WS

List of Research Outputs

Chow W.S., Chan F.W.H., Jen J. and Wu R.W.S., A New Era of Professional Legal Education in Hong Kong, 培養新一代的香港律師, The Greater China Seminar on Legal Education, Taipei, 11-12 June . 2010兩岸四地法律發展學術研討會, 2010.
Chow W.S., Case No. D 36/09, Inland Revenue Board of Review Decisions. Hong Kong, Financial Services and the Treasury Bureau, 2010, 24 Second Supplement: 693-714.
Chow W.S., Case No. D14/09, Inland Revenue Board of Review Decisions (2009-10), Vol 24, 1st supp.. Hong Kong, The Financial Services and the Treasury Bureau, 2010, 438-460.
Chow W.S., Case No. D19/09, Inland Revenue Board of Review Decisions (2009-10) Vol 24, 1st supp.. Hong Kong, The Financial Services and the Treasury Bureau, 2010, 483-506.
Chow W.S., Case No. D53/08, Inland Revenue Board of Review Decisions (2008-09) Vol 23, 3rd supp.. Hong Kong, The Finance Services and the Treasury Bureau, 2009, 974-990.
Chow W.S., Case No. D61/08, Inland Revenue Board of Review Decisions (2009-10) Vol 24. Hong Kong, The Financial Services and the Treasury Bureau, 2009, 184-209.
Chow W.S., Case No.D38/09, Inland Revenue Board of Review Decisions. Hong Kong, Financial Services and the Treasury Bureau, 2010, 24 Second Supplement: 724-739.
Chow W.S. and Cho W.K., Conveyancing and Tenancy Law, 房地產轉讓及租務法, In: Albert Chen, Johannes Chan, Alice Lee and Angelina Luk, The New General Principles of Hong Kong Law. 新版香港法概論, Hong Kong, Joint Publishing (HK) Co Ltd, 2009, 303-331.
Chow W.S. and Fung K.H., Halsbury's Laws of Hong Kong, Vol 24: Taxation and Revenue (2009 Reissue), Hong Kong, LexisNexis, 2009, 480.
Chow W.S., Wu R.W.S. and Dilena M.J., Promoting Reflective Learning in Legal Education - the Hong Kong Experience , Inaugural East Asian Law and Society Conference, Hong Kong, 5-6 February, 2010 . 2010.
Chow W.S., Jen J. and Tiba F.K., Reforming the Curriculum of the Postgraduate Certificate in Laws at HKU: Revolution or Evolution?, Learning in Law Annual Conference 2010, UK Centre for Legal Education, University of Warwick. 2010.
Chow W.S., Jen J. and Tiba F.K., Training the Next Generation of Hong Kong Lawyers: New Wine in a New Bottle, Inaugural East Asian Law and Society Conference 2010, Collaborative Research Network East Asian Law and Society. 2010.
Chow W.S., Jen J., Chan F.W.H. and Wu R.W.S., 培養新一代的香港律師:新瓶、新酒, 兩岸四地法律發展學術研討會, 2010.
Chow W.S., 評論文 - 創新、競爭與整合:對香港法律專門職業職前教育的回顧與反思, 兩岸四地法律發展學術研討會, 2010.
Chow W.S., 評論文 - 法律雙語地域的挑戰:澳門與香港的異同, 兩岸四地法律發展學術研討會, 2010.
Halkyard A.J., Chow W.S. and Leung S.U.S.A.N., Encyclopaedia of Hong Kong Taxation: Taxation of Income (Issue 19 to Volumes 3 & 4), Hong Kong, LexisNexis, 2009, 50.
Halkyard A.J., Chow W.S. and VanderWolk J.P., Hong Kong Tax Law: Cases and Materials (Revised Fifth Edition, Hong Kong, LexisNexis, 2009, i-xxxiii, 1-409.


Researcher : Davis NJ

List of Research Outputs

Davis N.J., HDRs and the Listing of Overseas Companies in Hong Kong, In: Jessica Young, Law Lectures for Practitioners. 2009.


Researcher : Dilena MJ

List of Research Outputs

Chow W.S., Wu R.W.S. and Dilena M.J., Promoting Reflective Learning in Legal Education - the Hong Kong Experience , Inaugural East Asian Law and Society Conference, Hong Kong, 5-6 February, 2010 . 2010.


Researcher : Gooding EV

Project Title:The use of mediation to resolve commercial disputes in Hong Kong
Investigator(s):Gooding EV, Jen J
Department:Prof Legal Education
Source(s) of Funding:Small Project Funding
Start Date:05/2009
Abstract:
Mediation is an internationally-recognised method of dispute resolution, which provides the parties with an opportunity to resolve their disputes without recourse to the courts. The mediation process itself is effectively a structured negotiation, facilitated by a third party 'neutral', which aims to allow the parties to reach a mutually agreeable solution at an early stage in the dispute. The advantages of mediation (as opposed to more formal means of dispute resolution such as litigation and arbitration) are oft-cited, and include: - high rates of settlement: around 70 - 80% of parties who engage in mediation settle their disputes during the mediation process, or shortly after - greatly-reduced cost to the parties who are able to resolve their disputes through mediation (when compared with proceeding to trial) - flexibility and party autonomy when determining the mediation procedure and outcome; - confidentiality As a result, mediation has become an extremely common method of resolving commercial disputes in many commonwealth jurisdictions, including the UK, United States, Canada and Australia. Historically, however, this has not been true of Hong Kong. In the Investigators' own experience in practice as solicitors in Hong Kong, backed up by anecdotal evidence from other practitioners, the mediation of commercial disputes is almost unheard of in Hong Kong outside the construction sector. This study's purpose is to explore and report upon the following key issues: 1. How Hong Kong currently compares to other common-law jurisdictions in the development and use of mediation to resolve commercial disputes; 2. The historical reasons for the apparent disparity between Hong Kong and other common-law jurisdictions (be they cultural, legislative, or based on lack of experience, resources and training in the use of mediation amongst the legal profession and business people in Hong Kong); 3. The extent to which the political and legislative climate in Hong Kong appears to be changing to favour the resolution of disputes by mediation; 4. The likely effect of these changes on parties and their legal advisers when considering mediation in the resolution of commercial disputes (by comparison to jurisdictions such as the UK and Australia, where similar changes have taken place in the past, and where the development of mediation is now more mature); and 5. What further legal, policy and other changes may be required (on the part of the Government of the HKSAR, the legal professional bodies, and those bodies which administer mediation in Hong Kong) to encourage parties to embrace mediation as a credible alternative to litigation in Hong Kong.




Researcher : Halkyard AJ

Project Title:Taxation Reform in Hong Kong: An Analysis of Work of the Joint Liaison Committee on Taxation
Investigator(s):Halkyard AJ
Department:Prof Legal Education
Source(s) of Funding:Small Project Funding
Start Date:09/2005
Abstract:
Background: The last general review of Hong Kong's Inland Revenue Ordinance was undertaken in 1976, a time and place far removed from Hong Kong in the 21st century. Yet, very recently, there have been growing calls for another general review [see LegCo motion debate on 11 May 2005]. At the same time, the role of the Joint Liaison Committee on Taxation (JLCT), an indepedent taxation advisory body to the HKSAR Government, has been called into question. Constituent members of JLCT include many of Hong Kong's most prominent professional and business groups: the Law Society of Hong Kong, the Hong Kong Institute of Certified Public Accountants, various Chambers of Commerce and the Hong Kong Association of Banks. Objectives: For nearly 20 years JLCT has been advising the HKSAR Government on taxation law reform - yet its existence, work and achievements are hardly known outside the membership of JLCT itself. Has JLCT been effective in its work? Should it be formally established as an advisory body and resourced under specific legislation? And if a general review is desirable, is JLCT the appropriate forum to undertake such a task? The research envisaged by this proposal will seek answers to these questions. This research proposal is envisaged as the first and necessary step in examining the critical question of identifying whether the Inland Revenue Ordinance should be formally and systemically reviewed to ensure that it still embodies Hong Kong's fiscal philosophy of promoting a simple, easily understood, and easily complied with taxation system, appropriate to the 21st century.


List of Research Outputs

Halkyard A.J., Chow W.S. and Leung S.U.S.A.N., Encyclopaedia of Hong Kong Taxation: Taxation of Income (Issue 19 to Volumes 3 & 4), Hong Kong, LexisNexis, 2009, 50.
Halkyard A.J., Chow W.S. and VanderWolk J.P., Hong Kong Tax Law: Cases and Materials (Revised Fifth Edition, Hong Kong, LexisNexis, 2009, i-xxxiii, 1-409.


Researcher : Hotten KR

Project Title:Family Court Practice (Major matrimonial procedure and practice book, 2500+ pp) Practitioners & Judiciary Vol.
Investigator(s):Hotten KR
Department:Prof Legal Education
Source(s) of Funding:Small Project Funding
Start Date:09/2008
Abstract:
Family Court Practice: Lexis Nexis: I have recently signed a contract to write a major practitioners' court text on family law and procedure in Hong Kong. This will be a definitive work of reference covering the entire range of family proceedings at every level of court. Like "Archbold" in the criminal courts, "The Family Court Practice" is intended as the comprehensive and authoritative guide for practitioners and judges dealing with divorce, children and ancillary relief in the family courts. It is intended to become the standard book of reference for judges and practitioners throughout the Hong Kong family law jurisdiction The research task for such a volume is going to be enormous, covering as it must, every aspect of family law and matrimonial procedure in Hong Kong. There are over 40 relevant statutes to annotate in addition to the High Court and District Court Rules. The areas covered will include all aspects of Child Law, Access, Care and Control as well as Wardship and international law relating to the Hague Conventions. Also Ancillary Relief settlement procedure, including Financial Dispute Resolution and Mediation. The whole will have to be completely annotated and cross-referenced with legal authorities and commentary. The volume will be published in 2010. It is expected to be around 2,500 pages in length. It is a considerable task and one for which I will need the help of a full-time research assistant. The need for research help is because of the size of this project and the publication time constraints. The UK equivalent is put together by a team of 6 people plus additional contributors. Therefore, I hope that the RGC will understand that their financial help will be used to good effect over the next 18 months. As Assistant Professor in the Department of Professional Legal Education since May 2006, I have already completed and published 3 volumes of Halsbury's Laws of Hong Kong and a further volume of Matrimonial Law Ordinances will be published later this year. I have been a family practitioner (barrister in UK) for 18 years and I was Called to the Bar in Hong Kong in 2000. I am currently Chairman of the Hong Kong Family Law Association, in which capacity I am in direct contact with judges of the High Court and Family Court as well as practitioners. I have the full support of all those with whom I have discussed this project. In particular, I have the support of the District Court (Family Court) judiciary, with whom I have discussed this project when I sat as a "Marshall" as part of my current research into family law in Hong Kong.


List of Research Outputs

Hotten K.R., Family Law Practice and Procedure in Hong Kong. Hong Kong, Lexis Nexis, 2010, 449.
Hotten K.R., Halsbury's Laws of Hong Kong Vol 12(2) 2009 Reissue 'Family Law' 476pp, Hong Kong, LexisNexis, 2009, Vol 12(2): 476.
Hotten K.R., Hong Kong Family Court Practice. Hong Kong, Lexis Nexis, 2010, 1427.
Hotten K.R., The Essential Statutes Of Hong Kong Matriminial Law And Proceedure . Hong Kong, Lexis Nexis, 2009, 1014.


Researcher : Jen J

List of Research Outputs

Cheng M.L., Jen J. and Young J.Y.K., Hong Kong, Hong Kong Law Journal Limited, 2009, Law Lectures for Practitioners 2008.
Chow W.S., Chan F.W.H., Jen J. and Wu R.W.S., A New Era of Professional Legal Education in Hong Kong, 培養新一代的香港律師, The Greater China Seminar on Legal Education, Taipei, 11-12 June . 2010兩岸四地法律發展學術研討會, 2010.
Chow W.S., Jen J. and Tiba F.K., Reforming the Curriculum of the Postgraduate Certificate in Laws at HKU: Revolution or Evolution?, Learning in Law Annual Conference 2010, UK Centre for Legal Education, University of Warwick. 2010.
Chow W.S., Jen J. and Tiba F.K., Training the Next Generation of Hong Kong Lawyers: New Wine in a New Bottle, Inaugural East Asian Law and Society Conference 2010, Collaborative Research Network East Asian Law and Society. 2010.
Chow W.S., Jen J., Chan F.W.H. and Wu R.W.S., 培養新一代的香港律師:新瓶、新酒, 兩岸四地法律發展學術研討會, 2010.
Jen J., In: Eugenia Da Luz Campos, Title XVI "Insurance' of Atkin's Court Forms Hong Kong. Hong Kong, LexisNexis, 2009, XVI: 256.
Jen J., Title XVII, Sale of Goods, In: Eugenia Da Luz Campos, Atkin's Court Forms, Hong Kong. Hong Kong, LexisNexis, 2009, XVII: 402.
Wilkinson R.M. and Jen J., Hong Kong, Lexis-Nexis, 2009, 5(1), 5(1A), 5(2) Halsbury's Laws of HK: Civil Pro 2009 reis.


Researcher : Lau DCK

List of Research Outputs

Lau D.C.K., Civil Procedure in Hong Kong, A Guide to the Main Principles. Hong Kong, Sweet & Maxwell, 2010, 1: 355.


Researcher : Meggitt G

List of Research Outputs

Meggitt G., The CFA and civil procedure, In: Simon Young, HKU, Hong Kong’s Court of Final Appeal: The Andrew Li Court 1997-2010 - HKU Faculty of Law. 2010.
Meggitt G., The CPR and the CJR - Applying English Authorities on Civil Procedure in Hong Kong, In: A.A.S. Zuckerman, Civil Justice Quarterly, 2010, Vol 29, 235-249 . 2010.


Researcher : Merry MJ

List of Research Outputs

Merry M.J., China Field Ltd v Appeal Tribunal (Buildings): A Matter of Authority but not of Principle, In: M. Dixon, The Conveyancer and Property Lawyer. London, England, Sweet and Maxwell, 2010, 74: 176.
Merry M.J., Hong Kong's Land System , Symposium on the Convergence of Property Rights among Mainland, Taiwan, Hong Kong and Macao; Department of Real Estate & Construction, Faculty of Architecture, HKU, Asian Institute of International Financial Law, Faculty of Law, HKU. 2009.
Merry M.J., The Court of Final Appeal and Land Law, Hong Kong's Court of Final Appeal, University of Hong Kong. 2010.


Researcher : Tiba FK

Project Title:Learning in Law Annual Conference 2010 Reforming the Curriculum of the Postgraduate Certificate in Laws (PCLL) at HKU: A Revolution OR an Evolution?
Investigator(s):Tiba FK
Department:Prof Legal Education
Source(s) of Funding:URC/CRCG - Conference Grants for Teaching Staff
Start Date:01/2010
Completion Date:01/2010
Abstract:
N/A


List of Research Outputs

Chow W.S., Jen J. and Tiba F.K., Reforming the Curriculum of the Postgraduate Certificate in Laws at HKU: Revolution or Evolution?, Learning in Law Annual Conference 2010, UK Centre for Legal Education, University of Warwick. 2010.
Chow W.S., Jen J. and Tiba F.K., Training the Next Generation of Hong Kong Lawyers: New Wine in a New Bottle, Inaugural East Asian Law and Society Conference 2010, Collaborative Research Network East Asian Law and Society. 2010.


Researcher : Whitfort AS

Project Title:Review of animal welfare legislation in Hong Kong
Investigator(s):Whitfort AS
Department:Prof Legal Education
Source(s) of Funding:Public Policy Research
Start Date:04/2008
Completion Date:03/2010
Abstract:
Evaluate how animal cruelty penalties and powers of investigation and enforcement are effecting successful prosecutions and make recommendations for procedural improvement; evaluate laws and regulations relating to pet shop licensing, breeding and puppy/kitten mills and make recommendations promoting animal welfare; evaluate laws and regulations intended to control the population of feral/stray dogs and cats and make recommendations promoting animal welfare and community concerns; evaluate laws and regulations intended to control disease amongst feral animals (eg. rabies) and make recommendations promoting animal welfare and public health; evaluate laws and regulations effecting animals sold at markets and in hawker stalls and make recommendations promoting animal welfare and public health; evaluate laws and Codes regulating the slaughter and transport of food animals and make recommendations promoting animal welfare and public health; evaluate laws and Codes regulating the use of animals in experiments and make recommendations promoting animal welfare and community concerns. This research will provide up to date comparisons with laws in comparable jurisdictions overseas allowing for a better understanding of whether animal welfare legislation is in need of reform and what type of reform ought to be undertaken.


List of Research Outputs

Whitfort A.S., "Understanding Criminal Justice in Hong Kong" by Wing Hong Chui nd T Wing Lo (Editors), Hong Kong Law Journal. Sweet and Maxwell, 2009, 39: 249-252.
Whitfort A.S., Archbold 2010, In: Bohkary PJ, Similar Fact Evidence (Ch 13)- Second Supplement. Hong Kong, Sweet and Maxwell, 2010, 1.
Whitfort A.S., Archbold 2010, The Indictment (Ch 1) -Second Supplement. Hong Kong, Sweet and Maxwell, 2010, 1-3.
Whitfort A.S., Archbold Hong Kong, In: Mr Justice Bokhary PJ, Similar Fact Evidence (Ch 13)- First Supplememt 2010. Hong Kong, Sweet and Maxwell, 2010, 2010: 897-913.
Whitfort A.S., Archbold Hong Kong, In: Mr Justice Bokhary PJ, The Indictment (Ch 1)- First Supplement 2010. Hong Kong, Sweet and Maxwell, 2010, 2010: 1-67.
Whitfort A.S., Book reviews editor, Hong Kong Law Journal. Hong Kong, Sweet and Maxwell, 2010.
Whitfort A.S., Penal Process of Hong Kong and International Instruments, In: Leonel Alves and Paulo Cardinal, Fist Symposium on Law and Citizenship of the Legislative Assembly of Macao SAR: Criminal Procedure Law: The Status Quo and Evolution. Portugal, Coimbra Editora, 2009, pp61-73.
Whitfort A.S., Review of Animal Welfare Legislation in Hong Kong, UGC and Central Policy Unit funded research paper. Hong Kong, 2010, 187.
Whitfort A.S., Similar Fact Evidence, In: Mr Justice Bokhary PJ, Archbold Hong Kong 2010. Hong Kong, Sweet and Maxwell, 2009, 897-913.
Whitfort A.S., The Indictment (Ch 1), In: Mr Justice Bokhary PJ, Archbold Hong Kong 2010. Hpng Kong, Sweet and Maxwell, 2009, 1-67.


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., Halsbury's Laws of HK Vols 5, 5(1) and 51A Civil Procedure Issue No 48, Singapore, Lexis Nexis, 2009, Issue 48: 180.
Wilkinson R.M., Hong Kong Conveyancing Cases and Materials No 49, Singapore, Lexis Nexis, 2009, Issue 49: 250.
Wilkinson R.M., Hong Kong Conveyancing Cases and Materials No 50, Singapore, Lexis Nexis, 2009, Issue No 50: 280.
Wilkinson R.M., Hong Kong Conveyancing Cases and Materials No 51, Singapore, Lexis Nexis, 2010, Issue No 51: 300.
Wilkinson R.M., Hong Kong Conveyancing Law and Practice Issue No 49 2009, singapore, lexis nexis, 2009, 1: 280.
Wilkinson R.M., Hong Kong Conveyancing Law and Practice Issue No 52, Singapore, Lexis Nexis, 2009, Issue 52: 180.
Wilkinson R.M., Hong Kong Conveyancing Law and Practice No 50, Singapore, Lexis Nexis, 2009, Issue 50: 250.
Wilkinson R.M., Hong Kong Conveyancing Law and Practice issue 53. Singapore, Lexis Nexis, 2010, Issue 53: 260.
Wilkinson R.M., Hong Kong Conveyancing cases and Materials Issue No 48, singapore, lexis nexis, 2009, 2: 220.
Wilkinson R.M., The Professional Conduct of Lawyers in HK Issue No 13, Singapore, Lexis Nexis, 2009, Issue 13: 160.
Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong , Singapore, Lexis Nexis, 2009, issue 13: 130.
Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong Issue No 12, Singapore, Lexis Nexis, 2009, Issue 12: 90.
Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong Issue No 15, Singapore, Lexis Nexis, 2010, Issue No 15: 180.
Wilkinson R.M., The Professional Conduct of Lawyers in Hong Kong issue No 14, Singapore, Lexis Nexis, 2010, Issue No 14: 145.
Wilkinson R.M. and Jen J., Hong Kong, Lexis-Nexis, 2009, 5(1), 5(1A), 5(2) Halsbury's Laws of HK: Civil Pro 2009 reis.


Researcher : Wu RWS

Project Title:International Communication Association Conference 2002 Technological Convergence and Regulatory Reform: Multiple Regulator or Single Regulator: Options for Hong Kong
Investigator(s):Wu RWS
Department:Prof Legal Education
Source(s) of Funding:URC/CRCG - Conference Grants for Teaching Staff
Start Date:07/2002
Abstract:
N/A


Project Title:The 3rd Asian Law Institute (ASLI) Annual Conference Convergence with International Standards and Practices - a Study of Selected Chinese Banking Regulations adopted after WTO Accession
Investigator(s):Wu RWS
Department:Prof Legal Education
Source(s) of Funding:URC/CRCG - Conference Grants for Teaching Staff
Start Date:05/2006
Abstract:
N/A


Project Title:Promoting the Teaching of Legal Ethics and Professionalism: Assessment for Curriculm Reform in Professional Legal Education
Investigator(s):Wu RWS, Chow WS, Chan FWH, Young JYK
Department:Prof Legal Education
Source(s) of Funding:Leung Kau Kui Research and Teaching Endowment Fund - Teaching Grants
Start Date:07/2007
Abstract:
In recent years, the Hong Kong legal profession has sustained more scrutiny by the mass media and the consumer movement than in the past. There is a growing perception that the legal profession is deficient in professionalism and ethics, resulting in a declining standard of professional performance and a rising number of public complaints and professional negligence claims. The issue of declining professionalism and legal ethics has become a cause of concern for the professional bodies and the community at large, as it will affect the quality of the legal system and rule of law in Hong Kong in the long run. The Postgraduate Certificate in Laws (P.C.LL.) course is a professional legal education course run by the Department of Professional Legal Education which leads to an entry qualification to the Hong Kong legal profession. In 2002, the Hong Kong Government appointed two Australian professors to undertake a review of the professional legal education in Hong Kong. As a result of the review, radical reform is being introduced to the P.C.LL. course. The reform has come to a critical stage as the Department of Professional Legal Education needs to design a new P.C.LL. curriculum that meet the best international standards and practices in professional legal education course by 2008. While the existing P.C.LL. teaches professional ethics and professionalism, they do not form the core of the curriculum. In other common law countries, however, promoting legal ethics and professionalism among future lawyers through curriculm reforms has becoming a growing issue, both in academic discourse and policy debate, in professioanal legal education. This study therefore seeks to place current P.C.LL. curriculum reform within the global contexts. On basis of document analysis and interviews, this project investigates three research questions. First, what are the inadequcies of the current P.C.LL. curriculm in teaching ethics and professionalism to its students? Next, how do curriculum reforms in other common law countries evolve to promote the teaching of ethics and professionalism in their professional legal education courses? Whether, and how, can Hong Kong benefit from their reforms and if so, how similar curriculum reforms can be implemented in Hong Kong? Finally, what are the possible difficulties and resource problems that may be encountered in implementing such curriculum reforms? The project objectives are as follows: 1. to evaluate the inadequacies of the existing P.C.LL. curriculum in teaching ethics and professionalism; 2. to acquire the latest knowledge of the reformed experience of professional legal education courses to promote the teaching of ethics and professionalism; 3. to formulate concrete recommendations for curriculum reform for P.C.LL. in 2008; having regard to the review of the existing curriculm and experience of other jurisdictions; The key issues and questions to be addressed in this research include: 1. What are the inadequacies of the existing P.C.LL. curriculum in teaching legal ethics and professionalism? 2. How can we improve the teaching of legal ethics and professionalism through curriculum reforms in the P.C.LL.? 3. What are the recent development of professional legal education courses in overseas jurisdictions in relation to the teaching of legal ethics and professionalism? How, and to what extent, can Hong Kong learn from them and benefit the local professional legal education?


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
Completion Date:06/2010
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.


Project Title:Implementation of banking laws in China after WTO accession
Investigator(s):Wu RWS
Department:Prof Legal Education
Source(s) of Funding:Small Project Funding
Start Date:01/2008
Completion Date:12/2009
Abstract:
In Novermber 2001, China joined World Trade Organization (WTO). In accordance wtih the WTO accord, the country opened its banking sector to foreign banks at the end of 2006. In order to enhance the competitiveness of local banks before opening of its banking sector, China has in the past few years introduced many new banking laws. These laws aimed at promoting the corporate governance and reducing the 'non-performing' loans of local banks as well as preparing the banks for their eventual 'listing' in the securities markets of Hong Hong and Shanghai. This study investigates three major research questions. Firstly, what are major contents of Chinese banking laws adopted after WTO accession? Secondly, what are the implementation problems of these banking laws? Thirdly, what policy measures have China undertaken to enhance the effectiveness of these banking laws? What legal and policy measures should the country adopt to improve the implementation of these banking laws in future? This project attempts to achieve three objectives. First, it strives to acquire the latest knowledge of legal reforms undertaken by China for its banking sector. Second, it evaluates the state of implementation of Chinese banking laws adopted since WTO accession. Third, it attempts to formulate concrete legal and policy recommendations for improving the implementation of banking laws in China.


Project Title:The legal and policy implications of establishing the Communications Authority in Hong Kong
Investigator(s):Wu RWS
Department:Prof Legal Education
Source(s) of Funding:Public Policy Research
Start Date:04/2008
Completion Date:09/2009
Abstract:
To acquire the latest knowledge of the implementation experience of unified communication regulation and regulator in overseas jurisdictions (focusing on the E.U. and U.K.); to formulate concrete recommendations for future adoption of the Communications Authority and the Communications Ordinance in Hong Kong having regard to the experience of overseas jurisdictions.


Project Title:The Legal and Policy Implications of Implementing a Land Title Registration System in England: Lessons for Hong Kong and China
Investigator(s):Wu RWS, Wilkinson RM
Department:Prof Legal Education
Source(s) of Funding:General Research Fund (GRF)
Start Date:10/2009
Abstract:
To acquire the latest knowledge of the implementation experience of land title registration in England; to formulate concrete recommendations for future implementation of land title registration in Hong Kong and China having regard to the English experience.


Project Title:Lawyers' Image and Ethics in Hong Kong Television and Films
Investigator(s):Wu RWS
Department:Prof Legal Education
Source(s) of Funding:Small Project Funding
Start Date:01/2010
Abstract:
The study of lawyers' image and ethics in television and films is a growing area of research interest in other developed countries, particularly the USA. However, there is a lack of academic research to such topic in Hong Kong. As Hollywood of the East, Hong Kong has begun producing films and television dramas on lawyers since the 1980s and a large body of local movies and television dramas has been developed. The present project therefore aims to study the portrayal of lawyers' image and ethics in Hong Kong television and films produced between 1980 and 2010. It is an interdisciplinary study of law and mass media that is both pioneering and groundbreaking in Hong Kong. This project will study three research questions. First, what are the images of lawyers projected in Hong Kong television and films produced between 1980 and 2010? Secondly, what are the ethical standards and behaviour of lawyers depicted in these local television dramas and films? Thirdly, what are the changes in lawyers' image and ethics displayed in these films and television dramas during the three decades? The purpose of the study are three-fold. Firstly, it evaluates the different images of lawyers existing in Hong Kong films and television dramas. Secondly, it conceptualizes the development pattern of lawyers' image and ethics in local films and television dramas, and identify the different developmental stages over the three decades. Thirdly, it analyes the public perception of lawyers' image and ethics as shaped by the local mass media.


Project Title:2010 Annual Meeting of the Law and Society Association Improving Assessment Practices in Hong Kong Legal Education: Lessons from Other Common Law Jurisdictions
Investigator(s):Wu RWS
Department:Prof Legal Education
Source(s) of Funding:URC/CRCG - Conference Grants for Teaching Staff
Start Date:05/2010
Completion Date:05/2010
Abstract:
N/A


List of Research Outputs

Chow W.S., Chan F.W.H., Jen J. and Wu R.W.S., A New Era of Professional Legal Education in Hong Kong, 培養新一代的香港律師, The Greater China Seminar on Legal Education, Taipei, 11-12 June . 2010兩岸四地法律發展學術研討會, 2010.
Chow W.S., Wu R.W.S. and Dilena M.J., Promoting Reflective Learning in Legal Education - the Hong Kong Experience , Inaugural East Asian Law and Society Conference, Hong Kong, 5-6 February, 2010 . 2010.
Chow W.S., Jen J., Chan F.W.H. and Wu R.W.S., 培養新一代的香港律師:新瓶、新酒, 兩岸四地法律發展學術研討會, 2010.
Wu R.W.S., Ethical Training For Law Students In China: Lessons From Overseas Countries, Construction Of Social Integrity International Conference, Beijing, China 30-31 October 2009 . 2009.
Wu R.W.S., Ethical Training For Law Students in China: Lessons from Overseas Countries , Journal of International Business Ethics. Beijing, China, Centre for International Business Ethics, 2009, 2, No.2: 39-47.
Wu R.W.S. and Zul K.M.Y.B., Implementation of land title registration system in Malaysia: Lessons for Hong Kong , 7th Asian Law Institute Conference, 25-26 May, 2010, Kuala Lumpur, Malaysia . 2010.
Wu R.W.S., Improving Assessment Practices in Hong Kong Legal Education: Lessons from Other Common Law Jurisdictions , Law and Society Annual Conference, Chicago, 27-30 May, 2010.
Wu R.W.S., Lawyers Bribing Judges: A Burning Issue of Legal Ethics in the People's Republic of China, Legal Ethics. UK, Hart Publishing, 2009, 12, part 2: 237-239.
Wu R.W.S. and Zul K.M.Y.B., Malaysian Communications and Multimedia Commission: A Model of Unified Communications Regulator for Hong Kong? , The 18th Biannual and Silver Anniversary Conference of International Telecommunications Society, 27-30 June, 2010, Tokyo, Japan . 2010.
Wu R.W.S. and Zul K.M.Y.B., Malaysian Communications and Multimedia Commission: A Model of Unified Communications Regulator for Hong Kong? , Malayan Law Journal. LexisNexis, 2010, 2010, 2: lxxix-cix.
Wu R.W.S., The Implementation Experience of OFCOM in UK and its lessons for Hong Kong , Interdisciplinary Workshop on Communitications Policy and Regulation, 17 June, 2010, Glasgow, Scotland. 2010.
Wu R.W.S. and Leung G.L.K., The Implementation Experience of Unified Communications Regulator in UK and its Lessons for Hong Kong, Annual Conference of International Communications Association, 22-26 June 2010, Singapore. 2010.
Wu R.W.S. and Leung G.L.K., The Law and Policy for Implementing a Unified Communications Regulator in the United Kingdom and Lessons for Hong Kong , Hong Kong Law Journal. Hong Kong, Hong Kong Law Journal, 2010, 40, Part 1: 111-128.
Wu R.W.S., Two Recent Developments in Judicial and Lawyers' Ethics , Legal Ethics. UK, Hart Publishing, 2010, 13, part 1: 101-103.


Researcher : Young JYK

List of Research Outputs

Cheng M.L., Jen J. and Young J.Y.K., Hong Kong, Hong Kong Law Journal Limited, 2009, Law Lectures for Practitioners 2008.
Young J.Y.K. and Lee R.W.C., In: Jessica Young & Rebecca Lee, The Common Law Lecture Series 2008-2009. Faculty of Law, The University of Hong Kong, 2010, 122.


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