Tuesday, September 28, 2021

Centre for Chinese Law Newsletter (August 2021)


Faculty of Law's Results of RGC's GRF and ECS (2021/22 Exercise)

The Centre of Chinese Law would like to congratulate our affiliated faculty members for winning several grants from the General Research Fund and Early Career Scheme. Out of the 8 GRF awards granted to the Faculty of Law this year, 6 of those awards were won by the Centre for Chinese Law’s affiliated faculty members. Congratulations to Shahla Ali, Angela Zhang, James D. Fry, Weixia Gu, Jedidiah Kroncke, Shitong Qiao and Benjamin Chen for securing a total of $5.96 million in funding. The​ projects cover topics ranging from China’s digital economy, international arbitration and dispute resolution, social issues, and the legal profession. We wish all of our faculty good luck in the pursuit of their vital research.

The details of the new funded projects are as follows:


Dr Anya Adair (cross appointed with Faculty of Arts)


The Structure and Mechanism of the Personal Information Protection Law

​On April 29, 2021, the National People’s Congress released a second draft of the Personal Information Protection Law. The Centre for Chinese Law at the University of Hong Kong has launched a series on the law to gain an understanding of its significance. Our series was held in conjunction with the Digital Economy and Legal Innovation Research Center at the University of International Business and Economics.

In the first lecture in our Personal Information Protection Law series, Xu Ke, Associate professor from the University of International Business and Economics and Executive Director of the Digital Economy and Legal Innovation Research Center was invited to discuss the structure and mechanism of the draft law.

Professor Xu gave a broad overview of the structure and system of the Personal Information Protection Law. He focused on three issues, namely the historical development, the formal structure and the substantive content of the Personal Information Protection Law. Mr. Fang Yu, director of the Internet Law Research Centre at the China Academy of Information and Communications Technology commented and identified problems around enforcement. Dr. Angela Zhang, director of the Centre for Chinese Law, raised questions around Internet company compliance and future law enforcement measures.

Professor Xu noted that legal experts from the State Council first began working on the law in 2005 to address the inevitable privacy challenges brought in by the advent of the digital age. Since 2005 however, data privacy protection laws in China had developed in a piecemeal fashion. While specific provisions aimed at protecting data privacy exist within several different laws, the recent drafting of the Personal Information Protection Law represents the first time a comprehensive overarching framework on data privacy will be established.

Professor Xu identified a growing need for personal information protection which began in the early 2000s when the Chinese internet was just beginning to gain a foothold. Since those days, anxieties around data privacy issues including serious breaches have continued to vex users and regulators alike. Moreover, Professor Xu explained that as Art. 38 of the PRC constitution guarantees personal dignity, the draft law serves to elucidate that guarantee in line with the data privacy concerns of modern day Chinese citizens.

Extraterritorial Application of China's Personal Information Protection Law

In our webinar, Sandra Liu will discuss how the draft Personal Information Protection Law, with its extraterritorial application, deals with cross-border data flow. Our webinar will explore some of the key features and policy drivers behind the draft law while looking to foreign jurisdictions for a comparative perspective. Ms. Liu will also illustrate the complexities involved with cross-border data transfer with reference to practical examples. Speaker: Ms Sandra Liu Sandra is the Head of Privacy, Asia at London Stock Exchange Group (LSEG). She is a qualified lawyer based in Hong Kong with 20+ years’ experience focusing on litigation and legal risk management. She advises and implements data privacy strategies and practices for LSEG at a regional level in Asia. She and her team are involved in leading data privacy compliance programmes in Asia. She provides advice on matters relating to data privacy, data ethics, cyber risk, international data transfer, data privacy issues in merger and acquisition of data businesses, data protection agreements, privacy impact assessments on innovative products/services, cloud projects, etc. Sandra also sits on the International Association of Privacy Professionals Asia Advisory Board. Previously, she held a senior legal position in the Office of the Privacy Commissioner for Personal Data, Hong Kong SAR for over 10 years where she led a team of lawyers to provide legal and policy advice, prepare guidance, and handle legal and enforcement proceedings. She has also led projects on ordinance review, the consumer credit data code and international data transfer. Sandra holds a Master of Laws – LLM (Distinction), Comparative Law (City University of Hong Kong). She graduated from the University of Hong Kong (LLM (Hon), PCLL). Discussant: Ms Yan Luo Yan Luo advises clients on a broad range of regulatory matters in connection with data privacy, cybersecurity, antitrust and competition, as well as international trade laws in the United States, EU, and China. Yan has significant experience assisting multinational companies navigating the rapidly-evolving Chinese cybersecurity and data privacy rules. Her work includes high-stakes compliance advice on strategic issues such as data localization and cross border data transfer, as well as data protection advice in the context of strategic transactions. She also advises leading Chinese technology companies on global data governance issues and on compliance matters in major jurisdictions such as the European Union and the United States. Chair: Dr. Angela Zhang, Director of the Centre for Chinese Law at the University of Hong Kong

The 3rd Asia-Pacific Summit on Gender-based Violence
June 16-18, 2021 I Hong Kong I Live on Zoom

By James D. Fry, Bryane Michael and Natasha Pushkarna

Agility Over Stability: China’s Great Reversal in Regulating the Platform Economy
By Angela Zhang
Featured in the Economist, the Diplomat, Yahoo Finance and Hong Kong 01

Higher Education as a Luxury Good
By Haochen Sun

Having Your Day in Robot Court
By Benjamin Chen

The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law in International Arbitration
By Ali Shahla

By Xianchu Zhang

Hong Kong’s colonial past echoes in new police vetting powers, pro-Beijing heavyweights say, but election hurdles could mean few face them
By Albert Chen, Hualing Fu, Richard Cullen

Didi's failure to listen forces rewrite of Chinese tech listing rules
By Angela Zhang

National security law: scholars, legal experts warn ‘Liberate Hong Kong’ slogan ‘very risky’ in wake of secession conviction
By Albert Chen

CCL: Supervision of Personal Information Protection on Chinese Online Platforms

CCL: China’s Great Reversal in Regulating the Platform Economy

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