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Full-Text Articles in Law

Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith Dec 1999

Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith

Research Collection Yong Pung How School Of Law

Hong Kong must commit itself now to becoming one of the leaders in legal education in Asia and the world. To do so, it must dramatically rethink the structure, process and content of legal education. This will not be easy, but it is essential if Hong Kong is to continue to serve as one of the great centres of finance, trade and technology in the world and if it is to maintain and secure a position of leadership in 21st century China and the Pacific region.


The Globalisation Of Crime, Mark Findlay Jul 1999

The Globalisation Of Crime, Mark Findlay

Research Collection Yong Pung How School Of Law

As with many emergent themes in today's society, globalisation is simple and complex. Put simply, it is the collapsing of time and space; the process whereby through mass communication, multi-national commerce, internationalised politics, and transnational regulation we seem to be moving inexorably towards a single culture. The more complex interpretation of globalisation is as paradox - wherein there are as many pressures driving us in the direction of the common culture as those keeping us apart.


Within The Civil Law Tradition, Nadja Alexander Jul 1999

Within The Civil Law Tradition, Nadja Alexander

Research Collection Yong Pung How School Of Law

A review of the international literature on ADR reveals a wide spectrum of dispute resolution processes practised throughout the world. It also demonstrates significant differences among different countries’ application of ADR procedures; for example, mediation.


Views From The Drugs Summit, Mark Findlay Jul 1999

Views From The Drugs Summit, Mark Findlay

Research Collection Yong Pung How School Of Law

The jury is still out on whether the Drugs Summit was a political set piece. The Opposition participants regularly accused the Government of just that. Without doubt, however, it was the reaction of the Opposition which was orchestrated and pre-conceived.


The First Hong Kong Special Administrative Region Legislative Council Elections, James T. H. Tang Mar 1999

The First Hong Kong Special Administrative Region Legislative Council Elections, James T. H. Tang

Research Collection School of Social Sciences

The Legislative Council (Legco) Elections in Hong Kong on May 24, 1998, isthe first open multiparty electoral competition in the People's Republic of China(PRC). Since Chinese leaders have repeatedly rejected Western-style democracyor multiparty competition for China, the extent to which the Hong Kong experiencewould serve as a model for political developments on the mainland isclearly limited. Nonetheless, political changes in Hong Kong has to be seen aspart of China's experience following their reunion. Under the "one country, twosystems" formula, Hong Kong is given the freedom to conduct its own internalaffairs as a Special Administrative Region (SAR), but the formation of …


Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander Feb 1999

Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander

Research Collection Yong Pung How School Of Law

In his monograph, Conflict Resolved? A Critical Assessment of Conflict Resolution, Alan Tidwell provides the reader with an insight into the breadth and depth of the literature in the multi-disciplinary field of conflict resolution. The author draws on literature from a wide range of social sciences and, in doing so, displays a command of the diverse theoretical bases of conflict resolution seldom found in earlier works.


The Singapore Electronic Transactions Act 1998 And The Proposed Article 2b Of The Uniform Commercial Code, Andrew B.L. Phang Jan 1999

The Singapore Electronic Transactions Act 1998 And The Proposed Article 2b Of The Uniform Commercial Code, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

It is axiomatic that the law must change with the times. And nowhere is this more starkly demonstrated than in the shift, particularly during the last decade or so, into the information age - a shift that has radically changed the face of commerce, and will continue to do so in the years to come. In the context of commercial law, the focus on goods and property, so prevalent particularly in the middle of this century, is now giving way to an acknowledgment that the relevant legal regimes must accommodate information as contractual subject-matter. In this regard, it is widely …


Critical Legal Studies, Economic Development And Human Rights, Andrew B.L. Phang Jan 1999

Critical Legal Studies, Economic Development And Human Rights, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

I Introduction I want, in this essay, to contrast two approaches in the increasing quest for answers not just to the law, but to the very meaning of existence and life itself. One embodied in the Critical Legal Studies Movement,' is (with one exception) much more pessimistic; the other (which I endorse) is premised on natural law. Secondly, I propose to take this contrast into the sphere of application with respect to the issues of economic development and human rights in an East Asian context.


Lord Denning And The Influence Of William Temple, Andrew B.L. Phang Jan 1999

Lord Denning And The Influence Of William Temple, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Lord Denning is probably one of the most influential English judges in the twentieth century,' and is certainly its most colourful. He recently celebrated his one hundredth birthday,2 and a symposium to honour this occasion and celebrate the life of this remarkable man was held at Buckingham University.3 Lord Denning himself was too frail to attend this symposium, although a separate (and quieter) celebration was also held in his honour at his home at the Lawn in Whitchurch. I was deeply saddened to learn that Lord Denning passed away a few weeks after, on 5th March 1999.


The International Criminal Trial Project [Research Work In Progress], Mark Findlay Jan 1999

The International Criminal Trial Project [Research Work In Progress], Mark Findlay

Research Collection Yong Pung How School Of Law

The debate surrounding the establishment of the International Criminal Court provides a critical example of the conflation of political imperative and criminal justice. In addition, it keenly identifies the manner in which the criminal trial (and its procedures) are viewed by the "international community" as crucial to the resolution of global conflict. The political push for an international criminal law, and its institutions, recently has relied on the connection between the image of a "just" international military intervention, and the necessity to punish "crimes" which either justified that intervention or were perpetrated by those opposed to it. At the conclusion …


Introduction: Hong Kong After The Reversion: In Search Of A Post‐Colonial Order, Tuck Hong James Tang Jan 1999

Introduction: Hong Kong After The Reversion: In Search Of A Post‐Colonial Order, Tuck Hong James Tang

Research Collection School of Social Sciences

The political handover of Hong Kong on 1 July 1997 turned out to be a non-eventwith little political drama. Emotions ran high when the Union Jack was loweredand was replaced by the Chinese national flag (wuxing hongqi), peacefully endingover one and a half centuries of British colonial rule in Hong Kong. The handovertook place smoothly, despite the heavy rain, without political and social turbulence.The Sino-British disagreement over the abolition of the Legislative Council marredthe occasion, but the swearing-in of a pro-Beijing Provisional Legislative Councilwas largely accepted as a fait accompli.


Choice Of Business Forms For International Entrepreneurship Through Direct Foreign Investment, George Thomas Luis Shenoy Jan 1999

Choice Of Business Forms For International Entrepreneurship Through Direct Foreign Investment, George Thomas Luis Shenoy

Research Collection Yong Pung How School Of Law

No abstract provided.


Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee Jan 1999

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.