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Articles 1 - 21 of 21

Full-Text Articles in Law

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu Jul 2015

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Peter K. Yu

No abstract provided.


The European Constitution And Its Implications For China, Xingzhong Yu Jan 2015

The European Constitution And Its Implications For China, Xingzhong Yu

Xingzhong Yu

The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …


Citizenship Management: On The Politics Of Being Included-Out, John Erni Dec 2014

Citizenship Management: On The Politics Of Being Included-Out, John Erni

John Nguyet Erni

Many in Hong Kong have identified the city as “half-sovereign” or “conditionally sovereign,” as postcoloniality has brought about new ruptures and shifting boundaries of citizenship in economic, cultural, and legal terms. The work of deciphering questions of belonging is still ongoing, and has in fact intensified in recent times. Increasingly, who qualifies as a citizen and where their sense of home is have become vital questions for two visible groups: the Chinese Mainlanders whose personal and cultural fortunes have been transformed by opportunities presented by the permeability of the city-border, and the foreign domestic helpers whose right of belonging has …


The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin Dec 2014

The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin

Bryan H. Druzin

Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from public torture and corporal punishment, which occurred during the 19th century, to the availability of new techniques of social control. However, corporal and capital punishment (what we term shock punishment) persists in many penal systems to this day, suggesting that these countries have for some reason not fully undergone this penal evolution. Using the experiences of Hong Kong and Singapore as case studies, we attempt to explain why this is …


Introduction Of Competition And Environmental Regulation In The Electricity Sector In Hong Kong, Thomas K. Cheng Dec 2014

Introduction Of Competition And Environmental Regulation In The Electricity Sector In Hong Kong, Thomas K. Cheng

Thomas K. Cheng

This article explores both the competition and the environmental aspects of the electricity sector in Hong Kong, and a possible linkage between them.There has been considerable public pressure to liberalize the electricity sector in Hong Kong due to longstanding discontent with the persistently high profit of the sector and a regulatory structure that is widely perceived to be ineffective. In light of the government’s seeming reluctance to pursue liberalization, this article examines an alternative approach – litigation under the recently adopted Competition Ordinance. It assesses the likelihood of success of the strategy and its potential shortfalls. The article proceeds to …


What Role Can An International Financial Centre’S Law Play In The Development Of A Sunrise Industry? The Case Of Hong Kong And Solar Powered Investments, Bryane Michael Jan 2014

What Role Can An International Financial Centre’S Law Play In The Development Of A Sunrise Industry? The Case Of Hong Kong And Solar Powered Investments, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

How can international financial centres like Hong Kong increase assets under management – and thus their size and ranking? Most policymakers and their advisors wrongly answer this question by focusing on financial institutions, and the law that governs them. Instead, policymakers need to start by looking at actual markets. What new tastes and technologies need funding? How can such funding fit into already existing geographies of production, distribution and finance? In this paper, we show how a focus on funding sunrise industries can help increase assets under management for the financial institutions operating in an international financial centre like Hong …


The Tragedy Of Hong Kong, Richard Klein Nov 2013

The Tragedy Of Hong Kong, Richard Klein

Richard Daniel Klein

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.


Ho Tung Gardens Saga And The Basis Of Compensation Under The Antiquities And Monuments Ordinance: A Comparative And Incentive Case Study On Regulatory Takings, Jianlin Chen Jan 2013

Ho Tung Gardens Saga And The Basis Of Compensation Under The Antiquities And Monuments Ordinance: A Comparative And Incentive Case Study On Regulatory Takings, Jianlin Chen

Jianlin Chen

Regulatory schemes that mandate historical preservation for private property are increasingly common. This article employs the attempt to preserve Ho Tung Gardens as a case study to examine problems in the design of compensation measures for such schemes. The compensation provision of Antiquities and Monuments Ordinance (Cap 53) is ambiguously worded, and this article argues that this Ordinance provides compensation only for the additional costs associated with the maintenance of historical buildings and does not compensate owners for property value depreciation. However, this article also argues from an incentive perspective that adequate compensation should be provided to property owners for …


Hong Kong Sponsors Should Have Little To Fear From Proposed Sfc Rules, Bryane Michael Jan 2012

Hong Kong Sponsors Should Have Little To Fear From Proposed Sfc Rules, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

New rules threaten to increase the legal liability of IPO sponsors in Hong Kong. What effect will the new rules have the IPO market in Hong Kong --- and the sponsors who prepare the new issue? We argue that the new rules -- rather than hindering the IPO market -- promise to deepen it. We review (for the lay-person) the relevant law, previoius econometric studies in the area, and provide conclusions.


Beijing’S “Congo” Interpretation: Commercial Implications, Chin Leng Lim Dec 2011

Beijing’S “Congo” Interpretation: Commercial Implications, Chin Leng Lim

Chin Leng Lim

No abstract provided.


Regulation Of Over-The-Counter Derivatives: A Comparative Study Of Proposals In Singapore And Hong Kong, Christopher Chao-Hung Chen Dec 2011

Regulation Of Over-The-Counter Derivatives: A Comparative Study Of Proposals In Singapore And Hong Kong, Christopher Chao-Hung Chen

Christopher Chao-hung CHEN

This article identifies some of the potential legal and policy issues involved in the future regulation of over-the-counter (OTC) derivatives. First, regulators must be cautious in the regulation and solvency of some mammoth clearing-houses. Second, Singapore and Hong Kong both face challenges in the areas of global regulatory cooperation and extra-territorial regulatory effects. Third, the exact scope of a clearing obligation determines whether there is any regulatory competition or room for regulatory arbitrage in the future. Fourth, there are legal definition problems with the term ‘derivative’ and its sub-categories that must be addressed. Fifth, there are potential privacy and civil …


Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein Jul 2011

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

Richard Daniel Klein

No abstract provided.


Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein Jul 2011

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Richard Daniel Klein

No abstract provided.


The Empire Strikes Back: Britain's Use Of The Law To Suppress Political Dissent In Hong Kong, Richard Klein Feb 2011

The Empire Strikes Back: Britain's Use Of The Law To Suppress Political Dissent In Hong Kong, Richard Klein

Richard Daniel Klein

This Article highlights historical events in Hong Kong under the British administration, and calls for a reconsideration of the widely-held view of approving of British rule. Among those instances highlighed by this Article include the British use of martial law, deportation, imprisonment, flogging and censorship to deal with those who dared criticize the governance of the colony.


The Lifting Of Corporate Veil Doctrine In Hong Kong: An Empirical, Comparative, And Development Perspective, Thomas K. Cheng Jan 2011

The Lifting Of Corporate Veil Doctrine In Hong Kong: An Empirical, Comparative, And Development Perspective, Thomas K. Cheng

Thomas K. Cheng

This paper provides an empirical, comparative, and development perspective on the corporate veil doctrine. It contains a comprehensive survey of the corporate veil cases in Hong Kong. The survey results are then compared with comparable surveys of the US cases to highlight relevant characteristics in the Hong Kong courts’ approach to the doctrine. The paper also analyses the doctrine and the limited liability principle in a development perspective to suggest that the Hong Kong courts should apply the doctrine more assertively to address externalization of corporate business costs, which is the inevitable consequence of limited liability.


State Immunity In Post-Handover Hong Kong, Chin Leng Lim Dec 2010

State Immunity In Post-Handover Hong Kong, Chin Leng Lim

Chin Leng Lim

No abstract provided.


Absolute Immunity For Sovereign Debtors In Hong Kong, Chin Leng Lim Dec 2010

Absolute Immunity For Sovereign Debtors In Hong Kong, Chin Leng Lim

Chin Leng Lim

No abstract provided.


Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang Apr 2010

Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang

Jie Huang

Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characteristics …


In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson Feb 2009

In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson

Dan Svantesson

This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia, the US and Sweden, and considers the criticism that has been raised against the doctrine. The author argues that some of this criticism is valid, some of it is valid only in relation to some countries’ application of the doctrine, and some of the criticism is unfounded. The author concludes that the test applied in Hong Kong and most other common law jurisdictions - the clearly or distinctly more appropriate forum test - is the better option. The author goes on to make a number …


Competition Law Enforcement In The Television Broadcasting Sector In Hong Kong: Past Cases And Recent Controversies, Thomas K. Cheng Jan 2009

Competition Law Enforcement In The Television Broadcasting Sector In Hong Kong: Past Cases And Recent Controversies, Thomas K. Cheng

Thomas K. Cheng

This article reviews the competition law regime in the television broadcasting sector in Hong Kong. This regime governs one of the only two sectors in Hong Kong subject to competition law enforcement until the government promulgates a cross-sector competition law. The article begins with an overview of the state of competition in the sector, highlighting trends in recent development that are relevant to competition law enforcement. This is followed by an examination of the two main competition provisions in the Broadcasting Ordinance and the guidelines issued by the Broadcasting Authority, the sectoral regulator. It argues that one of the greatest …


A Tale Of Two Competition Law Regimes--The Telecom-Sector Competition Regulation In Hong Kong And Singapore, Thomas K. Cheng Jan 2008

A Tale Of Two Competition Law Regimes--The Telecom-Sector Competition Regulation In Hong Kong And Singapore, Thomas K. Cheng

Thomas K. Cheng

Competition law has seen very active development in Asia in recent years. Ironically, Hong Kong and Singapore, as two of the freest and most competitive economies in the region, long held a skeptical attitude towards competition law. Singapore enacted its first cross-sector competition law in 2004, some say only due to American pressure. For years, the Hong Kong government defended its sectoral model and insisted that the city had no need for a cross-sector competition law. However, that obstinate attitude shifted in March 2007, when the government announced that Hong Kong would follow Singapore's footsteps. Until the new law is …