Friday, January 17, 2020

Simon Young on Policing and Prosecution of Money Laundering (new book chapter)

"Policing and prosecution of money laundering"
Simon Young
in V Mitsilegas, S Hufnagel, and A Moiseienko (eds), Research Handbook on Transnational Crime (Edward Elgar 2019) Chapter 10
Introduction: Almost all countries have a criminal offence of money laundering in their law books. This happened in a relatively short time, beginning from the late 1980s with the emergence of international standard setting on money laundering. With the establishment of the Financial Action Task Force (FATF) in 1989 and the conclusion of a series of transnational criminal law treaties (beginning with the 1988 Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances), countries have accepted and implemented obligations to establish an extensive global anti-money laundering (AML) regime in their domestic law.2 Countries have also accepted international scrutiny of their AML regime through mutual evaluation conducted by the FATF and associated regional bodies.3 In their early years, these evaluations assessed only compliance with a set of international standards (commonly known as the FATF’s 40 Recommendations), but more recently, since 2013, they have also involved separate evaluations of the effectiveness of a jurisdiction’s AML regime according to a smaller set of immediate outcomes.4 The first set of evaluation reports done under the new methodology provides rich data for reflection on what has been achieved in the policing and prosecution of money laundering in the 30 years since the articulation of international standards. The reports show that while states are largely compliant technically with relevant standards, their performance in achieving policing and prosecution outcomes is underwhelming. This chapter identifies some of the salient considerations relevant to high and low effectiveness in policing and prosecution outcomes. The chapter begins with a brief discussion of the distinctive features of policing and prosecuting the money laundering offence. It then outlines the FATF’s international standards on money laundering and its method of mutual evaluation, particularly after the extension of the methodology to effectiveness assessments in 2013. The focus in this chapter is on the standards of policing and prosecution of money laundering. In the FATF methodology, three outcome standards are directly relevant: the use of financial intelligence, the enforcement of the money laundering offence, and the confiscation of criminal property. After providing an overview of the results in the 48 jurisdictions reviewed for effectiveness thus far, this chapter looks more closely at the evaluations of three jurisdictions obtaining high effectiveness ratings and three jurisdictions obtaining low ratings. From this analysis, a list of relevant considerations is identified. The chapter concludes with some reflections on the future of FATF mutual evaluations.

Thursday, January 16, 2020

Dziedzic and Yam on Amnesties in Hong Kong (CCPL)

HKU’s Centre for Comparative and Public Law has released Amnesties in Hong Kong: Preliminary Discussion Paper. Authors Anna Dziedzic and Julius Yam argue that amnesty – in the form of pardons and/or immunity from prosecution – provide a way to address the ongoing civil conflict in Hong Kong. Amnesties have been used throughout Chinese history, in Hong Kong and all over the world as a way to bring conflicting parties to the negotiating table, cease hostilities, and to promote reconciliation.
     The Discussion Paper outlines the purpose and justifications for amnesty as well as discussing some of the common objections made to amnesty in Hong Kong. It explains how amnesty is not contrary to the rule of law, but rather, properly designed and implemented, amnesty can be consistent with Hong Kong’s existing legal framework and work to support amnesties can support peace, good governance, justice and the rule of law. 
     Global comparative experience offers a range of choices for the design of amnesty. The Discussion Paper suggests some options for design, tailored to meet the current needs of Hong Kong, covering questions such as: Whom should an amnesty cover? What offences should be included (or excluded)? What time period should the amnesty cover? What conditions might be attached to an amnesty? What procedure might be adopted for assessing and granting amnesty? The Discussion Paper also emphasises the importance of the design process: if amnesty is to work to defuse conflict, it is also important that all sides take ownership of the amnesty and work to make it effective and sustainable. 
     By explaining what amnesty is, why it is used, how it fits within Hong Kong law and the kinds of issues to consider in its design, the Discussion Paper provides a basis for informed discussion of the use of amnesty in Hong Kong and its potential to contribute to rebuilding trust and reconciliation. Click here to download the full Discussion Paper (in English) and Chinese translation.

Wednesday, January 15, 2020

Congratulations to Johannes Chan, Chair Professor


Congratulations to Professor Johannes Chan SC (Hon) on his recent conferral of the title Chair Professor at The University of Hong Kong.  The title is a mark of distinction as the President wrote in his conferment letter to Professor Chan:
"At this University, a Chair Professor title is reserved for world-class scholars of distinction. It signifies due recognition of outstanding academic leadership and excellence. As a top-rated researcher and academic leader, you are held in high regard by your peers globally, and your significant contributions and accomplishments have received international acclaim."
Professor Chan is now only one of two Chair Professors in the Faculty of Law.  He was recently the recipient of the RGC Humanities and Social Sciences Prestigious Fellowship Award and his latest work on the role of the judiciary in Hong Kong was published in Current Legal Problems.  For more information on Professor Chan's research outputs and impact, click here.

Tuesday, January 14, 2020

Puja Kapai Speaks at the UN Forum on Minority Issues

Puja Kapai joined a panel of experts on the issue of minority language education and its impact on equal access to education and the implementation of SDG4. The Forum was a two-day event held in Geneva at the United Nations on 28 and 29 November 2019. 
     As part of the proceedings chaired by Anastasia Crickley, former Chair of the UN Committee on the Convention for the Elimination of Racial Discrimination and Astrid Thors, former OSCE High Commissioner on National Minorities, Kapai presented on the issue of minority language learning and its impact and implications for women and girls in attaining equal access to quality education in diverse societies. Building on my work on equality issues in education and disparate impact of particular policies on minority groups, Kapai drew on research data to demonstrate the indispensability of an intersectional framework to understand the impact of language education policies on minority women and girls. Kapai highlighted how the use of this analytical framework in understanding and evaluating language policies in the education system brings into view the hidden barriers which disproportionately impact minority girls in terms of their access to education, their drop-out rates and their prospects for academic achievements on par with others. More information is available on the WSRC website

Puja Kapai Awarded Women of Influence Award 2019

Conferring WOI Professional of Year Award 2019
Congratulations to Puja Kapai on receiving the American Chamber of Commerce Women of Influence (WoI) Professional of the Year Award 2019! The WoI Conference is one of the most established women’s symposiums in the Asia Pacific region. The theme of the Conference this year was on perseverance, risk-taking, and leadership from outside the confines of the corporate world. In keeping with the theme, the awards conferred accolades on individuals and organisations that "made exceptional achievements" and demonstrated "a steadfast commitment to supporting female leadership in business."
    When presenting the Award, Abbi DeLessio, Co-Chair of the WoI Judging Committee and Senior Consultant at Triangle Associates, said that, “In making their decision, the judges noted Puja’s commitment to going beyond leaning in and dedicating her expertise to pushing boundaries and breaking through traditional barriers. Her journey that continues to inspire many, her students and women in minority communities… her work is so well-aligned with what is happening globally.” DeLessio shared that one judge said, “Puja’s work is gaining traction not only in Hong Kong but she is poised to make a huge difference. Her work is timely, relevant and important and will have a lasting impact.
      Puja spoke about the value of her work and the award in her acceptance speech:
People within my community sometimes ask me whether my work makes any difference? Were the sacrifices I have made worth it? I think about this, too. As minority women, we often fall through the cracks due to intersectional dimensions of our identity which are inadequately captured by narratives of racism or sexism on their own. But we are more than just the sum of our parts. These experiences unmask how powerful people and powerful systems invisibilise women of colour by glossing over the structural barriers we face and by ignoring our agency and voice. This negative narrative diminishes our agency, constructs us as vulnerable and invites many ‘saviours’ or naysayers who counsel us to stay in our lanes. This Award helps rewrite this script on minority women to enable people like me to be seen as empowered agents for change in our own right, both within and outside our communities. And my hope is for this to encourage and inspire many others out there who dream to make an impact.
 Puja is Convenor of HKU's Women's Studies Research Centre and Associate Professor in HKU Law.

Sunday, January 12, 2020

Kelvin Kwok on the Meaning of Anticompetitive Object under Article 101 TFEU (Common Law World Review)

"Object and intention under Article 101 TFEU: Lessons from Australia, New Zealand and analytical jurisprudence"
Kelvin Kwok
Common Law World Review
First published on 20 September 2019
Abstract: What does it mean for an agreement to have an anticompetitive ‘object’ under Article 101(1) of the Treaty on the Functioning of the European Union? Can the European Commission support an ‘object’ case by reference to the agreement parties’ subjective intention, and if so, how? What exactly is the relationship between an agreement’s object and the parties’ subjective intention under competition law? This article is the first to bring insights from Australian and New Zealand cases, as well as analytical jurisprudence, to bear on these underexplored yet important questions affecting the European Union and common law jurisdictions around the world. Using Ronald Dworkin’s theory of legal interpretation as the analytical basis, this article argues for a ‘mixed’ conception of the ‘object’ concept which enables an anticompetitive object to be proven either objectively or subjectively. Anticompetitive subjective intention accordingly provides an independent, alternative basis for competition law liability for agreements; the lack of such intention, meanwhile, does not help exculpate parties who are liable based on their objective purpose to restrict competition. This article also argues that voluntariness and evidentiary limits ought to be imposed on the use of anticompetitive subjective intention in the ‘object’ analysis of agreements.

Saturday, January 11, 2020

Cora Chan on a Principled Approach to Judicial Deference for Hong Kong (new book chapter)

in Guobin Zhu (ed), Deference to the Administration in Judicial Review (Springer 2019) 203-229
First Published Online: 24 November 2019
Abstract: This chapter outlines the approach to deference that Hong Kong courts adopt, evaluates whether such approach is justified, and proposes an approach that should be adopted in light of Hong Kong’s unique constitutional and institutional landscape.

Monday, December 30, 2019

Eric Ip on The Virtuous Epidemiologist (Journal of Public Health)

"The virtuous epidemiologist"
Eric Ip
Published online: 5 November 2018
Abstract: This article addresses the scholarly gap in the ethics of epidemiology by exploring what virtue ethics, one of the oldest ethical traditions in moral philosophy, has to say about ‘the virtuous epidemiologist’. It expounds comparatively the content and merits of a virtue ethics approach against more popular contemporary schools of thought such as consequentialism and deontology. Without necessarily dismissing the value of principles and standards, it presents a vision that a virtuous epidemiologist should cultivate wisdom in making prudential judgments in conditions of uncertainty; fortitude in dealing with powerful politicians and administrators which does not sacrifice truth; temperance and self-restraint in keeping one’s ideological views from compromising one’s scientific credibility; and justice in giving due weight to individual rights and the public interest when doing research and giving advice on public health interventions.  Click here to read the full article.

HKU Law Welcomes Biomedical Legal Scholar, Dr Calvin Ho


Welcome to Dr Calvin Ho who joins the Department of Law as Associate Professor, working closely with HKU's Centre for Medical Ethics and Law (CMEL).  Dr Ho will contribute to the Faculty of Law's interdisciplinary research with his expertise in Biomedical Law & Ethics, Regulatory Governance, Artificial Intelligence & Data Science and Comparative Law.  He will also teach the course entitled 'The Regulation of Biomedical Research' (LLW6250).
    Dr Ho holds a doctorate in juridical science from Cornell University, and was also trained in law at the National University of Singapore (NUS) and the University of Cambridge. In addition, he read sociology and economics at the London School of Economics and Political Science, and at the School of Oriental and African Studies (University of London). Dr Ho is qualified as Advocate & Solicitor of the Supreme Court of Singapore, and as Solicitor of the Senior Courts of England and Wales. He has practiced law in London and Singapore with Messrs Linklaters Allen & Gledhill, and has served as a medicolegal expert advisor to the Medical Protection Society (MPS). Dr Ho is currently an Ethics Board member of Médecins Sans Frontières (Doctors Without Borders), Co-Head of the Accountability Policy Task Team of the Global Alliance for Genomics & Health; and a research affiliate with the Ethox Centre, University of Oxford. 
     Prior to joining HKU, Dr Ho was Assistant Professor at the Centre for Biomedical Ethics at the Yong Loo Lin School of Medicine, NUS; Co-Head of the WHO Collaborating Centre on Bioethics in Singapore; and Editor-in-Chief of the Asian Bioethics Review. Additionally, he has served as a statutory board member of the Singapore Nursing Board, the Legal Aid Bureau of the Ministry of Law of Singapore, as well as on national advisory committees on transplantation and on genetic testing of the Ministry of Health of Singapore.
     Dr Ho's research focuses on the explication of the normative (i.e. legal and ethical) and social implications of health and biotechnologies, as well as the responses to these concerns through policy and regulatory governance. His research also includes medical law and ethics, and the normative aspects of health systems (especially on health insurance and access to health) and global health.

Calvin Ho et al on Ethical Governance Policies on Sharing of Biological Materials for Biomedical Research (Wellcome Open Research)

"Diffusion of ethical governance policy on sharing of biological materials and related data for biomedical research"
Manjulika Vaz1, Ana G. Palmero, Wongani Nyangulu, Alpha A. Diallo, Calvin W. L. Ho 
Wellcome Open Research online
First published: 12 Nov 2019
Abstract: This paper considers how ethical norms on sharing of human biological materials and related data in international policy documents diffuse from global forums to national policies and practices. With focus on the domestic policies of four countries (i.e. Guinea, Argentina, India and Malawi), this paper seeks to explain policy diffusion by broadly applying an analytical framework wherein policy learning is one of four theories used to explain how countries learn policy norms from expert epistemic communities and international organizations. While the governance structures of all four countries broadly incorporate key ethical provisions in international policy documents on sharing of biological materials and related data for biomedical research, relative emphasis on certain provisions differ among them. In three of these countries (i.e. Guinea, Argentina and India), international ethical norms have had direct influence over their domestic governance policies. Their impact has been greatest for Guinea and Argentina, whose governance policies had to be adapted in response to the Ebola virus epidemic in West Africa and the Zika virus epidemic in Latin America. In both countries, sharing of biological materials and related data with international organisations increased significantly to meet therapeutic and research needs during the outbreaks. International organisations have had a comparatively greater role in bringing about policy change in Guinea when compared with Argentina, mainly due to the fragility of the health system in Guinea in 2014. In contrast, policy in India and in Malawi occurred under less strenuous conditions. This may account for the relatively greater emphasis on control and limits to cross-border transferability in their policies when compared with those of Guinea and Argentina. While all four countries have made significant progress in establishing accountable governance arrangements, still more needs to be done to ensure that the ethical goal of equitable sharing of benefits is realised.

Saturday, December 21, 2019

HKU Law Global Academic Fellows 2020-2021 (Deadline: 1 February 2020)

Applications are invited for appointments as Global Academic Fellow (3 posts) in the Department of Law (Ref.: 499292), to commence in August 2020 or January 2021, for a period of two years.
     The Global Academic Fellows Programme was created to provide outstanding and aspiring legal academics with time and resources to transition into the global teaching market. Fellows will have access to an internationally leading faculty for mentorship and affiliation with related research centers alongside support for attending academic conferences to present their work. Other opportunities will include the option of co-teaching courses and organizing funded academic conferences. Applicants should have completed their doctoral degrees before the start of their appointments, unless they possess significant practice experience. The successful candidate will be appointed at the grade of Post-doctoral Fellow.
     One to three fellows will be appointed each year, and will be expected to be in residence at HKU and devote their time primarily to their own research and preparation for entering the international teaching market in the second year of their fellowship. Fellows will be provided shared office space and administrative support when needed. Information about the Department of Law and the Faculty of Law can be found at: www.law.hku.hk.
     Successful candidates will be nominated for HKU’s Presidential Post-doctoral Fellowship and Hong Kong’s RGC Post-doctoral fellowship Scheme. Each of these nominations potentially represents additional salary, research funds and the optional extension of the fellowship for a third year. Two of three inaugural fellows have already secured tenure-track appointments within their first year of appointment. Specific questions can be addressed to the Director at: jkroncke@hku.hk.
     A highly competitive package including a monthly salary, housing allowance, relocation allowance, medical benefits, annual leave, and conference and research support will be offered to successful applicant as applicable. At current rates, salaries tax does not exceed 15% of gross income.
     The University only accepts online application for the above post. Applicants should apply online and upload 1) an up-to-date C.V., 2) a 3-page research agenda (including past, current and future projects), 3) a list of at least three academic references, and 4) a writing sample (under 50 pages). Closes February 1, 2020 (extend to February 14, 2020). Click here to submit your online application.

Thursday, December 19, 2019

Syren Johnstone and Frederick Long on Alibaba, HKEX & ESG: Missed Leadership Opportunities (Int'l Fin L Rev)

Syren Johnstone and Frederick Long

5 December 2019, Winter 2019/2020
Introduction: To meet rising investor expectations, Alibaba and HKEX must both provide roadmaps to deeper engagement with environmental, social and governance issues. Alibaba Group's secondary listing on the Hong Kong Stock Exchange (HKEX) on November 26 2019, raising over US$11 billion (around 2.3% of Alibaba's market cap), represents the most significant offering on the bourse this decade. It opens up an important pathway for Chinese issuers listed in New York and London who may now be looking to Hong Kong SAR as a venue for tapping into pools of Chinese capital. However, the high-profile listing also raises important questions related to environmental. social and governance (ESG) concerns... 

Wednesday, December 18, 2019

New Book: Wilkinson's Professional Conduct of Lawyers in Hong Kong – Desk Edition 2019 (Gary Meggitt)

Wilkinson's Professional Conduct of Lawyers in Hong Kong
LexisNexis
Published in November 2019
Description: Wilkinson's Professional Conduct of Lawyers in Hong Kong continues to incorporate the best of its previous editions, enhanced by recent developments introduced by legislation, numerous Law Society Circulars (and some Bar Circulars), Law Society and Judiciary Practice Directions, numerous cases from many relevant jurisdictions, and, most significantly, a new Bar Code (as of 20 July 2017). This new edition contains much new material, the most significant developments include annotations on the aforementioned new Bar Code, commentary on legal professional privilege, conflict of interest and money laundering. This title will prove indispensable to law students and Overseas Lawyers Qualification Examination candidates.
INTRODUCTION TO THE 2019 DESK EDITION: This is the fifth edition of The Professional Conduct of Lawyers in Hong Kong. The first and second editions were written by Michael Wilkinson and Michael Sandor; the third by Michael Sandor alone; and the fourth, which appeared last year, was written by Michael Wilkinson and myself. I undertook to prepare this edition.  As many readers will be aware, Michael Wilkinson passed away in February 2019. We have lost a superlative lawyer and scholar and, perhaps more importantly, a good and decent man. His wit and wisdom will be sorely missed by family, friends, colleagues, students and the wider community. In tribute to his contribution to the law and the legal profession in Hong Kong, this publication has been renamed Wilkinson’s Professional Conduct of Lawyers in Hong Kong.  The law is stated as at 1 June 2019.

Monday, December 16, 2019

HKU Law's SSRN Legal Studies Research Paper Series (May - Dec 2019)


Vol. 9, No. 7: December 10, 2019

Table of Contents

Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Douglas W. Arner, The University of Hong Kong - Faculty of Law
Robin Veidt, University of Luxembourg - Faculty of Law, Economics and Finance
Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)

Ilias Bantekas, Brunel University London - Brunel Law School
Pietro Ortolani, Radboud University
Shahla F. Ali, The University of Hong Kong - Faculty of Law
Manuel A. Gomez, Florida International University College of Law
Michael Polkinghorne, White & Case LLP

Johannes M M Chan, The University of Hong Kong - Faculty of Law

Alex Schwartz, The University of Hong Kong - Faculty of Law

Angela Huyue Zhang, The University of Hong Kong - Faculty of Law

Eric C. Ip, The University of Hong Kong

Shahla F. Ali, The University of Hong Kong - Faculty of Law

Albert H. Y. Chen, The University of Hong Kong - Faculty of Law


Vol. 9, No. 6: Oct 31, 2019


Table of Contents

Shitong Qiao, The University of Hong Kong - Faculty of Law

Alex Green, Faculty of Law, University of Hong Kong
Jennifer Hendry, School of Law, University of Leeds

Successful Secession and theValue of International Recognition
Alex Green, Faculty of Law, University of Hong Kong

Remedial Discretion and Dilemmasin Asia
Po Jen Yap, The University of Hong Kong - Faculty of Law


Vol. 9, No. 5: Oct 17, 2019


Table of Contents

Anna Dziedzic, The University of Hong Kong - Faculty of Law, University of Melbourne - Melbourne Law School
Cheryl Saunders, University of Melbourne - Law School

Jingyi Wang, Peking University - Peking University School of Transnational Law
Wilson Chow, The University of Hong Kong - Faculty of Law

Johannes M M Chan, The University of Hong Kong - Faculty of Law

Po Jen Yap, The University of Hong Kong - Faculty of Law


Vol. 9, No. 4: September 19, 2019

SIMON N. M. YOUNG, EDITOR

Table of Contents

Syren Johnstone, Department of Law, University of Hong Kong, Asian Institute of International Financial Law

Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Douglas W. Arner, The University of Hong Kong - Faculty of Law
Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)

Federico Panisi, University of Brescia
Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Douglas W. Arner, The University of Hong Kong - Faculty of Law

Douglas W. Arner, The University of Hong Kong - Faculty of Law
Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Anton Didenko, University of New South Wales (UNSW) - Faculty of Law
Cyn-Young Park, Asian Development Bank
Emilija Pashoska, Universite du Luxembourg - Faculty of Law, Economics and Finance
Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)
Bo Zhao, University of Hong Kong - Faculty of Business and Economics, Asian Development Bank - Economic Research and Regional Cooperation Department (ERCD)

Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Emilios Avgouleas, University of Edinburgh - School of Law
Douglas W. Arner, The University of Hong Kong - Faculty of Law

Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)
Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Douglas W. Arner, The University of Hong Kong - Faculty of Law


Vol. 9, No. 3: June 11, 2019


Table of Contents

Han Zhu, Centre for Chinese Law, The University of Hong Kong Faculty of Law

Kelvin Hiu Fai Kwok, The University of Hong Kong - Faculty of Law
Ernest Lim, National University of Singapore (NUS) - Faculty of Law

Han Zhu, Centre for Chinese Law, The University of Hong Kong Faculty of Law 
Albert H. Y. Chen, The University of Hong Kong - Faculty of Law

Kelvin Hiu Fai Kwok, The University of Hong Kong - Faculty of Law

Douglas W. Arner, The University of Hong Kong - Faculty of Law
Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)
Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Janos Nathan Barberis, The University of Hong Kong - Faculty of Law


Vol. 9, No. 2: May 10, 2019


Table of Contents

The Future of Data-Driven Finance and RegTech: Lessons from EU Big Bang IIDirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)
Douglas W. Arner, The University of Hong Kong - Faculty of Law
Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law
Rolf H. Weber, University of Zurich - Faculty of Law

A Network Theory of PatentabilityLaura G. Pedraza-Farina, Northwestern University School of Law
Ryan Whalen, The University of Hong Kong - Faculty of Law

The Age of Remix and Copyright Law Reform
Yahong Li, The University of Hong Kong - Faculty of Law

Re-Conceptualizing ‘Object’ Analysis Under Article 101 TFEU: Theoretical and Comparative Perspectives
Kelvin Hiu Fai Kwok, The University of Hong Kong - Faculty of Law

What are Law Courses for? Striking a Balance between Professional and Liberal Education GoalsDanny Gittings, University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education, The University of Hong Kong, Faculty of Law

From Global to Anthropocenic Assemblages: Re-Thinking Territory, Authority and Rights in the New Climatic RegimeDaniel Matthews, The University of Hong Kong - Faculty of Law

Saturday, December 14, 2019

Roda Mushkat on Economics and International Law: Closer Alignment through Greater Analytical Diversity? (Chinese (Taiwan) Ybk Int'l L & Aff)

"Economics and International Law: Closer Alignment through Greater Analytical Diversity?"
Chinese (Taiwan) Yearbook of International Law and Affairs, 2018 Issue 36,  pp. 1-55 
Abstract: The scope of International legal inquiry has expanded considerably in recent years, in terms of the analytical perspectives brought to bear on the issues addressed, rather than merely their nature and intricacy. Traditional-style approaches continue to feature prominently in the cognitive toolkit relied upon to frame and dissect problems, but no longer exclusively and in an unadulterated form. Novel conceptual insights have been incorporated from the social sciences, injecting a multidisciplinary, and even interdisciplinary, element into the system. Economics has increasingly come to the fore in this context, both directly and indirectly, initially in relation to State compliance with international law and latterly on a wider basis. The narrowly focused, neoclassical paradigm featuring an assiduous, omniscient, and self-centered agent—homo economicus—has given way to more nuanced and multifaceted schemes but, as demonstrated in this article, the process of shrinking gaps in the explanatory façade and weaving together the disparate interpretative threads may have considerably further to go. The evolution of economically inspired international legal theory is traced here with a view to showing how post-neoclassical contributions, supported with empirical illustrations based on Eastern realities, persistently overlooked in the Western-dominated academic literature, might fruitfully enrich this body of knowledge and align it more tightly with behavioral patterns observed across different geographies throughout modern history.

Friday, December 13, 2019

Isabella Seif & Kelley Loper on How the UN Compact on Refugees Can Address the Rohingya Crisis (Asia Global Online)

"How the UN Compact on Refugees Can Address the Rohingya Crisis"
Isabella Seif & Kelley Loper 
Asia Global Online
28 November 2019
One year since the United Nations adopted the Global Compact on Refugees, Isabella Seif and Kelley Loper of The University of Hong Kong examine the impact of the non-binding framework and how it might be applied to address the Rohingya crisis in Bangladesh and Myanmar.
    The United Nations General Assembly adopted the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration in December 2018. These resolutions are milestones that signal the international community’s embrace of a more comprehensive response to the dramatic increase of forced migrants over the past several years. While neither instrument is legally binding, they contain important political commitments that states around the world, including governments in Asia, have accepted. They affirm the global nature of the problem and the need to devise collaborative, longer-term, practical solutions. The Refugee Compact in particular emphasizes international cooperation and responsibility sharing “to better protect and assist refugees and support host countries and communities”... Click here to read the full text. 

Thursday, December 12, 2019

Frank He & Yang Su on Flexibility and Authority: Resolving Labor Disputes in a County Government in Western China (Law & Soc Rev)

Xin He & Yang Su
Law & Society Review 
First published: 22 November 2019
Abstract: Existing literature regards flexibility and authority as key characteristics of informal justice. We further contend that the combination of the two is crucial for informal justice to be effective. We investigate the process of dispute resolution by a Chinese labor agency. Following the life cycles of a sample of 810 labor disputes, we find that this informal justice forum was efficient and effective, made possible by the combination of flexibility and authority. Flexibility means that the agency attracts certain types of cases that are usually screened out of the formal legal system and that agency officials use “informal,” hence flexible, techniques. Authority means that the administrative agency possesses additional powers over the disputants; hence, the disputants are under pressure to follow its suggestions and decisions. A comparative analysis of various cases of informal justice reinforces the importance of combining flexibility and authority. We further demonstrate that flexibility without authority is insufficient and that some informal justice forums are effective because they enjoy both.

Daisy Cheung and others on the Future Direction of Law Reform for Compulsory Mental Health Admission and Treatment in Hong Kong (Int'l J L & Psychiatry)

Daisy Cheung, Michael Dunnb, Elizabeth Fisteinc, Peter Bartlettd, John McMillane, Carole J. Petersen
Published in November 2019 online
Introduction: This article builds on the work of an international conference on the topic of compulsory mental health admission and treatment in Hong Kong (the ‘Conference’) and explores the pathways for reform in this area. A number of jurisdictions around the world are currently re-viewing their mental health laws, in part because of the requirements of international treaties that seek to protect the rights of persons with disabilities. The challenge in the review and reform process is aligning local mental health needs, frameworks and traditions with overarching commitments to treat people with mental illness in ways that safeguard their control over their own treatment, reduce coercive interventions, and protect against arbitrary deprivations of liberty. In outlining four possible pathways for potential law reform in Hong Kong, we intend to also provide a blueprint for regulatory change in other jurisdictions that seek to draw a balance between local needs and international norms. The comparative value of this piece lies not in its direct applicability to other jurisdictions, but in its demonstration of how an exercise like this might be undertaken, and the kinds of considerations that should be taken into account when addressing relevant features of each of the four pathways in alternative local contexts.
     Our article proceeds as follows. Part II presents a brief overview of the mental health system and legal framework in Hong Kong. Part III considers Hong Kong's international commitments for the protection of human rights, in particular the International Covenant on Civil and Political Rights (‘ICCPR’) (which is incorporated into Hong Kong's do-mestic legal system) and the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’), which has applied to Hong Kong since 2008. Part IV summarises the key local challenges that Hong Kong faces in any attempt at reform. We then set forth, in Part V, four dif-ferent strategies for reforming mental health law in Hong Kong: (i) theabolition pathway, (ii) the risk of harm pathway, (iii) the mental ca-pacity pathways, and (iv) the consensus pathway. Part VI provides abrief conclusion for the article... Click here to read the full article.

Tuesday, December 10, 2019

New Book: Criminal Law in Sri Lanka (Michael Hor and others) (LexisNexis)

Criminal Law in Sri Lanka
Wing-Cheong Chan, Michael Hor, Neil Morgan, Jeeva Niriella and Stanley Yeo
Published in November 2019
Description: This book describes and evaluates the general principles of criminal responsibility and the major offences against the person and property contained in the Sri Lankan Penal Code. The aims are to assist in the application of the law and to provide suggestions for reform. To achieve these aims, it examines cases from other Penal Code jurisdictions as well as from Sri Lanka. There has not been a comprehensive study of the Sri Lankan Penal Code since Professor GL Peiris’ books were published nearly 40 years ago (General Principles of Criminal Liability in Ceylon: A Comparative Analysis (1st Edn, 1972; 2nd Edn, 1980) and Offences under the Penal Code of Ceylon (1st Edn, 1973; 2nd Edn, 1982)). Significant legislative and case law developments have occurred since that time. Much of the Penal Code has stood the test of time. However, given its antiquity, this commentary proposes significant reforms. They include the enactment of a ‘General Part’, with precise and comprehensive provisions reflecting contemporary views about criminal responsibility.
   Key Features:
  • Comprehensive analysis of the general principles of criminal responsibility in Sri Lanka
  • Analysis of the major offences against the person and property in light of the general principles of criminal responsibility
  • Review of major relevant cases from Sri Lanka, India, Malaysia, Myanmar and Singapore
  • Placing the law in a historical and theoretical context pointing to its strengths and weaknesses, and suggesting potential reforms to bring the law into the 21st Century