New Book: From Hackney to Hong Kong — The Story of a Lucky Man (by Clive Grossman SC)

Published by HKU Law, this is the anecdotal story of Clive Grossman SC and his travels from his birthplace in Hackney in London during the Second World War to what was then Southern Rhodesia. He describes his life in Rhodesia and what later became Zimbabwe, growing up there, schooling, working as a clerk then university in Cape Town, practice at the Bar, his time in the military, and eventually his trip to Hong Kong which resulted in an invitation to work in the Attorney General’s Office and a life thereafter at the Hong Kong Bar.

Click HERE for online order.

HKU Law and Technology Centre launched HKU AI Lawyer: Sentencing Predictor for Drug Trafficking

Recent advances in artificial intelligence (AI) and machine learning bring disruptive changes to legal practice. AI can be used to draw insights from past judicial decisions to predict future outcomes. In the criminal justice system, one essential aspect is sentencing. Much attention has been placed on how AI informs decisions about sentencing and how to use AI to assist people to obtain and make use of sentencing information.

Professor Anne Cheung of the Faculty of Law and Professor Ben Kao of the Department of Computer Science at the University of Hong Kong and their research team have developed a Stage-1 model of HKU AI Lawyer - an AI-assisted sentencing predictor for the offence of trafficking in dangerous drugs in Hong Kong. The predictor is based on an innovative combination of legal domain knowledge and machine learning techniques. Users only need to provide relevant information through responding to four simple questions, and the predictor will generate an estimated term of imprisonment. Another useful feature of the predictor is that it will at the same time show the links to court decisions which are most relevant to the given facts. The sentencing predictor is a pragmatic tool for professionals including lawyers, social workers and teachers. It also serves to inform the public of likely legal consequences of committing drug trafficking offences.

A workshop was held on May 18 (Tuesday) to introduce the background of HKU AI Lawyer, with a demonstration of how to use the sentencing predictor, to lawyers, social workers and members of the community. Mr. Chan Man Ho, Deputy Director of the Hong Kong Federation of Youth Groups, also shared his experience.

Media representatives were cordially invited to attend the workshop, with details as follows:

Date: May 18, 2021 (Tuesday)

Time: 2:00 – 3:15pm

Venue: Academic Conference Room, 11/F, Cheng Yu Tung Tower, Centennial Campus, HKU (map)

Language: Cantonese

Speakers:

Professor Anne Cheung

Co-Director, Law and Technology Centre

Professor of Law, Faculty of Law, HKU

Professor Ben Kao

Co-Director, Law and Technology Centre

Professor, Department of Computer Science, Faculty of Engineering, HKU

Mr. Michael Cheung

Research Officer

Law and Technology Centre, Faculty of Law, HKU

Mr. Chan Man Ho

Deputy Director

The Hong Kong Federation of Youth Groups

** The workshop was simultaneously aired through Zoom:

Link: https://hku.zoom.us/j/96186396394

Meeting ID: 961 8639 6394

For media enquiries, please contact:

Ms. Grace Chan, Secretary, Law and Technology Centre, Faculty of Law, HKU (Tel: 3917-4727; Email: mcgrace@hku.hk)

Media Coverage

"Hong Kong drug offenders get clearer view of options as new computer program scans thousands of cases to determine likely sentences", SCMP, 19 May 2021.  For other media coverage, see the list on the Law and Technology Cente webpage.

Urania Chiu and Daisy Cheung on Claiming Wrongful Diagnosis under the Mental Health Ordinance: The Impossibility of Building a Reasonably Arguable Case (HKLJ)

"Claiming Wrongful Diagnosis under the Mental Health Ordinance: The Impossibility of Building a Reasonably Arguable Case"

Urania Chiu and Daisy Cheung
Hong Kong Law Journal, 

2020, Vol. 50, Part 3 of 2020, pp. 837-850

Abstract: In the recent Court of First Instance decision Bhatti Bhupinder Singh v Hospital Authority, the judge refused to grant leave under s 69 of the Mental Health Ordinance (Cap 136) (MHO) to the claimant for his wrongful diagnosis and wrongful detention claims against the Hospital Authority. This article considers this decision in detail, arguing that the judge’s reasoning was highly flawed due to its lack of consideration of a crucial factual context of the case, as well as its lack of scrutiny of the decisions made by the various medical professionals involved, in particular in relation to whether the criteria specified by each relevant section of the MHO was satisfied. The resulting approach demonstrates an unacceptable level of deference towards the judgment of medical professionals, to the extent that it is difficult to see how a reasonably arguable case could ever be mounted under s 69 of the MHO — a problematic outcome, given the implications of s 69 on the important right to access to courts. Given that compulsory admission and treatment is a highly draconian regime involving deprivation of liberty and the administration of powerful, mind-altering drugs, the court cannot simply be a rubber stamp and must exercise its supervisory role in a much more meaningful manner.

Say Goo and Heather Lee on Lawful Traditional Right and Sustainability: An Unbalanced Interest in the Customary Ding Right in Hong Kong? (HKLJ)

"Lawful Traditional Right and Sustainability: An Unbalanced Interest in the Customary Ding Right in Hong Kong? "
Say H Goo and Heather Lee

Hong Kong Law Journal

2020, Vol. 50, Part 3 of 2020, pp. 961-982

Abstract: A customary ding right granted to male indigenous villagers to erect small houses in the New Territories has caused discontent amongst non-indigenous villagers and indigenous women and attracted attention from international organisations concerned with equality and non-discrimination. Claiming it to be a de jure property right, a lawful traditional right protected under the Basic Law and mingling this with complaints about historical land expropriation, indigenous villagers are advancing their claim for the recognition of and respect for Chinese customs and practices. Given the shortage of land resources and the indeterminate number of male indigenous villagers who will apply to build small houses over an indefinite period of time, as well as the recurrent abuse of the ding rights by means of tao ding and the unauthorised structures resulting from insufficient ex-ante and ex-post supervision, the equitable distribution of land resources has been an important unresolved issue in Hong Kong. This article discusses the legal issues and sustainability of the ding right and suggests possible solutions.

Dr Felix Chan et al on How Much Is a Leg Worth in Hong Kong? Proposal for Reforming Personal Injury Compensation (HKLJ)

"How Much Is a Leg Worth in Hong Kong? Proposal for Reforming Personal Injury Compensation"
Felix WH Chan, Wai Sum Chan and Johnny SH Li

Hong Kong Law Journal

2020, Vol. 50, Part 3 of 2020, pp. 983-1004

Abstract: This article examines the rationale for and effectiveness of compensation awarded for pecuniary and non-pecuniary loss in Hong Kong personal injury disputes. Special consideration is given to the assessment of damages for pain, suffering and loss of amenity (PSLA). In addition, the potential use of structured settlements or periodic payment orders (PPOs) as a substitute for (or together with) lump-sum awards is explored. The primary sources of data are the full texts of judgments issued in personal injury cases by the Hong Kong judiciary since 1976. In catastrophic personal injury cases, lump-sum awards hinge on estimates of the claimants' life expectancy and investment returns adjusted for inflation. However, claimants may exhaust their funds by exceeding their projected life expectancy or receiving lower-than-expected investment returns. PPOs provide for regular payments over a claimant's lifetime, adjusted annually based on an inflation index. Reforms focused on PSLA and the use of PPO are recommended.

New Book by Dr Felix Chan et al: Personal Injury Tables Singapore 2021 (Sweet and Maxwell)

Personal Injury Tables Singapore 2021
Dr Wai-sum Chan, 

Dr Felix W.H. Chan, and Dr Johnny S.H. Li
Sweet and Maxwell
Published in March 2021

Book Description: This book contains actuarial tables for use in personal injury and fatal accident cases in Singapore. The value of these tables lies in the scientific basis upon which loss is estimated, and using them is akin to having expert witness evidence to guide the court in its decision.

Key features

• Essential reference information to assist lawyers in determining appropriate compensation levels for losses suffered through personal injury and fatal accident cases.
• Actuarial tables are based on various Life Tables for Singapore Resident Population 1980–2018, published by the Singapore Department of Statistics.
• Clear explanatory notes guide users on the proper and effective use of the tables.
• Adopts life expectancy figures and tables that reflect the proper and true value of money.
• Applies the methodology used in constructing the UK Ogden Tables in the context of unique local circumstances.