HKU Legal Scholarship Blog
Follow the research activities and scholarship of the Faculty of Law, The University of Hong Kong
Thursday, October 2, 2025
International Criminal Justice in the Contemporary Asia-Pacific Region
Tuesday, September 30, 2025
RGC funded Collaborative Research Project on Mitigating Legal and Climate Risk in Asia Pacific Infrastructure Development
It is led by Prof. Shahla Ali of University of Hong Kong Faculty of Law and includes Co-Principal Investigators from HKU Law (Prof. Ying Zhu), HKU Social Sciences (Prof. David Palmer and Prof. Hui Li), and PolyU Construction and Environment (Prof. Tarek Zayed), and collaborator from HKU Institute for the Humanities and Social Sciences (Ms. ZiWei Fan). This is another good example of an interdisciplinary collaborative research project. There are few law-related projects supported by the CRF fund, so well done to the team and hopefully we will see more CRF collaborations with legal academics in Hong Kong.
Monday, September 29, 2025
New book by Stefan Lo and ELG Tyler on the Butterworths Hong Kong Company Law Handbook (27th edition)
ELG Tyler, Stefan Lo
LexisNexis
Published in June 2025
Abstract: The Butterworths Hong Kong Company Law Handbook - 27th Edition aims to deal with the intricacies of the Companies Ordinance (Cap 622) in an easily accessible form. This Handbook reproduces the text of the Ordinance as currently in force along with section-by-section annotations and examines relevant case law and significant judicial decisions. The annotations also provide definitions of words and phrases, discussions on practical aspects and contentious issues with reference to each section and other authoritative materials including cross-jurisdictional references. As this series has been cited with authority in over one hundred court cases in the Hong Kong Court of First Instance, Court of Appeal and Court of Final Appeal, this Handbook will no doubt be an invaluable source of information for practitioners, legal advisers, company secretaries, students and anyone interested in the laws governing companies in Hong Kong.
Friday, September 26, 2025
Stefan Lo on Privacy (New book chapter)
Published in April 2025
Abstract: This chapter examines tort actions protecting privacy of persons under the common law, with a focus on the tort of misuse of private information. This tort has developed significantly in the United Kingdom in the past two decades. Although there is little case authority on the tort in Hong Kong, there are some observations of the Hong Kong courts supporting the existence of the tort in Hong Kong. Apart from this tort, the chapter also examines how other torts can effectively protect privacy, including the tort of nuisance as set out by the UK Supreme Court in Fearn v Board of Trustees of the Tate Gallery [2024] AC 1.
Wednesday, September 24, 2025
Stefan Lo on Liabilities of Controlling Shareholders for a Company’s Torts: A Reform Proposal (C&SLJ)
Stefan Lo
Company and Securities Law Journal, Volume 41
Published in March 2025
Abstract: There are inefficiencies and moral objections to controlling shareholders being able to avoid bearing liability for a company’s torts while being able to profit from the company’s tortious activities. This article argues for a statutory model of liability for controlling shareholders in respect of corporate torts which lead to personal injury or death and puts forward a concrete model for reform, to impose liability on shareholders with control of a company and who can be regarded as being at fault in respect of the company’s torts. Existing concepts of control and due diligence in the law are analysed and adapted to provide the basis of the proposed model provisions on liability. The model provides a workable solution that promotes accountability of corporate controllers, while at the same time ensuring that ordinary investors and minority shareholders who do not wield real control over a company are still protected by limited liability.
Monday, September 22, 2025
Kelvin Low on ‘Property’ as polyseme and its implications for trust ‘property’ (Journal of Equity)
Kelvin Low
Journal of Equity, Volume 18, Part 2, pp. 107 - 130
Published: February 2025
Friday, September 19, 2025
Hui Jing on The Concept of Beneficial Ownership in Express Trust: A Necessity? (Journal of Equity)
Hui JING
Journal of Equity, Vol 18 issue 2, pp.131-164
Published: February 2025
Thursday, September 18, 2025
New Issue of Asia-Pacific Journal on Human Rights and the Law (Volume 26, Issue 2, Jul 2025)
Wednesday, September 17, 2025
Felix Chan and Chan Wai Sum on Revising the Amount of Statutory Bereavement Awards in Singapore (SJLS)
"On Revising the Amount of Statutory Bereavement Awards in Singapore"
Felix Chan, Chan Wai Sum
Singapore Journal of Legal Studies, September 2023, pp.481-489
Published online: September 2023
Felix Chan et al on Bringing legal knowledge to the public by constructing a legal question bank using large-scale pre-trained language model (Artificial Intelligence and Law)
Mingruo Yuan, Ben Kao, Tien-Hsuan Wu, Michael Cheung, Henry Chan, Anne Cheung, Felix Chan, Yongxi Chen
Artificial Intelligence and Law
Published online: July 2023
Abstract: Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson’s terms. Second, we construct a Legal Question Bank, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender. Given a user’s verbal description of a legal situation that requires a legal solution, CRec interprets the user’s input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public.
Monday, September 15, 2025
Yang Lin and Taorui Guan on From safe harbours to AI harbours: reimagining DMCA immunity for the generative AI era (JIPLP)
"From safe harbours to AI harbours: reimagining DMCA immunity for the generative AI era"
Yang Lin (PhD 2022), Taorui Guan
Journal of Intellectual Property Law & Practice
Published online: August 2025
Abstract: Generative artificial intelligence (AI) overturns the passive-intermediary assumptions that underlie the US Digital Millennium Copyright Act (DMCA) safe harbour. Modern systems ingest vast, often unlicensed datasets and emit on-the-fly outputs through a supply chain that spans data suppliers, model developers and deployers—raising parallel concerns in the EU, UK, Hong Kong and other jurisdictions.
Building on DMCA section 512, this article sketches an ‘AI harbour’ that ties immunity to role-specific duties: provenance disclosure and transparency for data suppliers; dataset curation, memorization-mitigation and watermarking for developers and dynamic filtering, complaint handling and repeat-infringer policies for deployers. A new statutory section—administered by an ‘AI Division’ within the Copyright Office—would certify actors, audit compliance and endorse technical standards developed through industry co-regulation.
The proposal preserves the DMCA’s cooperative bargain while supplying clear, technologically realistic compliance pathways. Because its tiered obligations, administrative oversight and adaptive self-regulation can be grafted onto existing regimes, the model travels well: the EU could integrate comparable safeguards alongside the Digital Services Act and AI Act; the UK’s post-Brexit reforms and Hong Kong’s technology-neutral Copyright Ordinance could embed similar structures. In this way, the AI harbour could offer a scalable blueprint for protecting creators without chilling innovation in the generative era.
Friday, September 12, 2025
Yanru Chen on Applying human rights discourse in cultural objects restitution (International Journal of Cultural Policy)
Yanru Chen (PhD Candidate)
International Journal of Cultural Policy
Published online: August 2025
Abstract: The landscape of cross-border restitution claims is shifting from state-centric approaches towards a greater focus on the rights and concerns of non-state actors, highlighting the critical importance of the human rights dimension in cultural objects that manifest the identity of a specific community. Human rights discourses encompass the right of participation and self-determination, as well as cultural heritage rights framed by cultural heritage instruments. These discourses play a key role in bridging the gaps within the current international legal framework, thereby promoting fair and just solutions to preserve and protect cultural objects. Despite ongoing debates around cultural internationalism versus cultural nationalism, the identification of rightful holders, conflicts of rights, alternative dispute resolution, and human rights courts may serve as effective forums to reinforce the impact of human rights in claims about the restitution of cultural objects. These forums can strengthen the enforcement of human rights principles in restitution claims, fostering solutions that respect the cultural and historical significance of disputed objects.
Wednesday, September 10, 2025
Suhong Yang and Shuai Guo on Selection process of judges and members at international courts and tribunals: in search of efficient transparency (JIDS)
Suhong Yang (Global Academic Fellow), Shuai Guo
Journal of International Dispute Settlement, Volume 16, Issue 3, September 2025
Published online: August 2025
Monday, September 8, 2025
Emily Lee on Digitalization and Tokenization of Money: Exploring Central Bank Digital Currency Theories and Retail CBDC Developments in China (BFLR)
Emily Lee
Banking and Finance Law Review, Vol. 41 No. 2, May 2025, pp. 271–300
Published in May 2025
Abstract: Central bank digital currencies (CBDCs) promote financial stability, inclusion and innovation in the digital economy. This article explores and reconceptualizes business management theories to enhance the understanding and characterization of CBDCs. From a theoretical standpoint, the governance, design principles and implementation of CBDCs align with institutional theory, stakeholder theory, technological innovation theory and open innovation theory. The interplay of these theories contributes to a comprehensive understanding of the interactions between CBDC stakeholders and the extensive array of opportunities and challenges presented by CBDCs. The theoretical frameworks are complemented by an examination of central banking legislation and monetary policy, as well as the potential impact on banking law and payment system regulations due to CBDC implementation, considering the significance of existing payment operators in facilitating CBDC distribution. In affording sufficient protection and in the interests of CBDC users, relevant issues in property law, data protection and privacy law are also considered. This article focuses on retail CBDCs, specifically China’s digital currency (e-CNY). As China’s central bank intends to cooperate with the G20 and other international organizations, e-CNY’s cross-border payments could have implications for monetary sovereignty, foreign exchange policies and regulatory compliance. China’s early e-CNY adoption serves as a vital case study for global central banks: CBDCs will likely have regulatory standards that reflect existing financial infrastructures and the ongoing US-China currency competition. This article aims to enhance understanding of legal challenges and practical concerns related to retail CBDCs, covering e-CNY’s core design features, CBDC’s impacts on existing laws, potential regulatory conflicts and competitiveness with existing payment systems. The article posits that account-based CBDCs can be considered a form of book money and can conform to the existing legal framework. Conversely, incorporating CBDCs into the present payment system necessitates recognizing token-based CBDCs as official payment methods, potentially requiring adjustments to pertinent legislation.
Full text of this article is available on SSRN, please click here.
Friday, September 5, 2025
Yun Zhao and Yanru Chen on The evolving lex mercatoria: a game-changer for transparency in international commercial arbitration (JIDS)
Yun Zhao, Yanru Chen (PhD Candidate)
Journal of International Dispute Settlement, Volume 16, Issue 3
Published online: July 2025
Abstract: Transparency has been a crucial element in the evolution of lex mercatoria from its medieval origins to the contemporary lex informatica in cyberspace. The ongoing development of the medieval lex mercatoria underscores the significance of making arbitration reasoning publicly available, for two main reasons. Historically, medieval merchant courts did not favour strict confidentiality of decisions, and the modern requirement for safeguarding party, community, state, and global legitimacy in lex mercatoria also advocates for enhanced transparency in international commercial arbitration. The current transparency framework in investment arbitration and domain-name dispute resolution may serve as a roadmap for achieving a balance between transparency and confidentiality in international commercial arbitration. A restructuring of the transparency mechanism for such arbitration should focus on a mandatory system of publishing redacted arbitral awards.
Wednesday, September 3, 2025
Sean Yau (LLB 2016) on Natural resources at the crossroads of international environmental and trade law: Forgiving mismanagement or unfulfilled promises? (Jindal Global Law Review)
Sean Shun Ming Yau (LLB 2016)
Jindal Global Law Review
Published online: July 2025
Abstract: The question how to best effectuate natural resources management is predetermined by the limits to which a state retains its sovereign discretion to act in an equilibrium range bounded by legal norms superimposed by various fields of international law. While international environmental law seeks to procure sustainable, equitable, and responsible exploitation, distribution, and uses of natural resources in a national jurisdiction, WTO law points to the opposite direction. Despite its aspiration to attain sustainable trade at its inception, the law and practice of the WTO soon exposed various points of friction which are counterintuitive, at times contradictory, to the institutional philosophy advancing the co-existence of trade liberalisation and ‘optimal use of the world’s resources’ as expressed in the preambular text of its constitutional instrument. The constitutional failure to balance the dual-objectives transpires in the ambivalence of its Members to balance obligations arising from the two fields of law. This article argues that WTO law establishes certain structural relationships of favouritism prioritising trade freedom, which either fundamentally contradicts, excludes, or leaves very little room for considerations of international environmental law, or otherwise indirectly debilitates a Member’s regulatory autonomy to respect the same. In consequence, state behaviour has been largely uniformised by the homogeneity of trade rules, with a view to creating a ‘borderless’ global economy where natural resources are traded freely. Such surrenders natural resources management to the invisible hands of market conditions prone to unsustainable exploitation and inequitable distribution.
Monday, September 1, 2025
Douglas Arner et al on Building Open Finance: From Policy to Infrastructure (Notre Dame Journal of International & Comparative Law)
"Building Open Finance: From Policy to Infrastructure"
Douglas Arner, Ross Buckley, Christine Wang, and Dirk Zetzsche
Notre Dame Journal of International & Comparative Law
Volume 15, Issue 1 (2025)
Published online: June 2025
Abstract: As one of the most digitalized sectors of the economy, finance is increasingly dependent on data. Over the past decade, the implementation of Open Banking and Open Finance in an increasing number of major jurisdictions around the world, including the European Union (EU), the United Kingdom (UK), Australia, Brazil, and the United Arab Emirates (UAE), seeks to break down data silos, empower consumers, and increase competition among financial service providers, aiming to maximize the value of financial data for innovation, growth, and competitiveness. In addition to mandatory requirements, other governance approaches to Open Finance, including collaborative arrangements and voluntary initiatives, are emerging. For example, Singapore and Hong Kong are actively supporting the development of Open Finance through collaboration between regulators and industry, while both China and India are seeking to develop new approaches to making data available to support development, innovation, and competitiveness. In the United States (US), industry associations have promoted Open Finance practices, and a new mandatory rule from the Consumer Financial Protection Bureau (CFPB) on personal financial data rights is currently pending.
There are complex problems in the interaction between financial regulation and data governance in Open Finance. Customer data shared through an Open Finance system is both subject to financial regulatory requirements, such as rules governing the collection, processing, and use of financial data, and to the general governance framework for data protection. Furthermore, Open Finance initiatives adopted by different jurisdictions affect information sharing in domestic financial markets and in the cross-border transfer of financial data. The trend towards data localization and the asymmetry of data sharing leads to an unlevel playing field between market players, thereby exacerbating the problem of regulatory fragmentation in Open Finance regimes. Given the evolving nature of digital finance and the complexity of integrating data into its process, the main challenge is to develop appropriate governance approaches that can maximize the benefits of data sharing while mitigating new cross-cutting challenges in finance and data regulation.
Based on an analysis of experiences to date in leading jurisdictions, we synthesize a range of policy strategies to address the complex interplay of financial regulation and data governance inherent in building Open Finance. These hold important lessons also for the US as it moves forward. The multi-disciplinary nature of Open Finance requires coordination between regulators and industry to ensure policy coherence and technical interoperability. Where financial and data regulatory regimes intersect, it is important to establish a collaborative forum and/or provide general guidance to facilitate a better understanding of Open Finance governance and improve consistency in regulatory action across sectors. In response to the increasing digitalization of the economy, there is also the need to expand the scope of data sharing from the financial sector to other industries, and thus move towards a broader Open Data framework.
Friday, August 29, 2025
Rebecca Lee on Liberalisation of Trust Laws in Hong Kong: Continued Growth or Concealed Wealth? (New Book Chapter)
"Liberalisation of Trust Laws in Hong Kong: Continued Growth or Concealed Wealth?"
Rebecca Lee
Asia-Pacific Trusts Law, Volume 3, Boundaries in Context, Part IV, Chapter 17
Hart Publishing
Published online: May 2025
Abstract: This chapter critically examines the challenges faced by the liberalisation of trusts law in harmonising traditional trusts principles with the growing demand for settlor control and flexibility. The study focuses on two recent proposals put forth by the Law Society of Hong Kong, namely the legalisation of non-charitable purpose trusts and the legislative enshrinement of settlor reserved powers. These proposals serve as examples to illustrate the evolving trusts landscape, which aims to sustain the growth of the trusts industry while addressing the complication arising from concealed wealth. This chapter argues that non-charitable purpose trusts are conceptually feasible, their scope can be carefully delineated, and their practical utility outweighs the moral and social apprehensions surrounding them. In contrast, reserved powers trusts present more complex issues, and its wholesale acceptance deserves more close examination.
Wednesday, August 27, 2025
Kelvin Low and Jeremiah Lau on Reforming the Singapore Trust: Pushing or Breaking Boundaries? (New book chapter)
"Reforming the Singapore Trust: Pushing or Breaking Boundaries?"
Jeremiah Lau and Kelvin Low
Asia-Pacific Trusts Law, Volume 3, Boundaries in Context, Part III, Chapter 13
Hart Publishing
Published online: May 2025
Abstract: This chapter assesses the various enacted and proposed legislative reforms to Singapore’s trust law in the new millennium, including the Business Trusts Act, the Trust Companies Act and the amendments to the Trustee’s Act. We also consider the recent proposal to introduce non charitable purpose trusts. The tricky process of law reform is an interesting setting in which to consider various ‘boundary problems’ in trusts. Can statutory reform refine or sharpen the unclear boundaries of a judge-made trust law rule? To what extent can the conceptual boundaries of the English trust be modified by statute? Do these reforms push the boundaries of the trust to better adapt it to modern circumstances? Or do they threaten to break the institution of the trust altogether?
Full text of this chapter is available on SSRN, please click here.
Monday, August 25, 2025
Weixia Gu on All Flowers Blossom: The New Dynamic of Arbitration in Asia (Asian Dispute Review)
Abstract: This article sets out the results of a study which examines and compares dispute and caseload data from six leading Asian international arbitral institutions over the period 2018-2024, updating the results of a study of 2018. The findings reveal that several Chinese institutions, notably the Shanghai International Arbitration Centre (SHIAC) and the Hong Kong International Arbitration Centre (HKIAC), have outpaced their Singaporean counterpart, the Singapore International Arbitration Centre (SIAC), by a significant margin, in terms of (1) percentage growth in both total and average amounts in dispute and (2) what this means as to their role and influence in developing arbitration in the Asia region.