New Issue of Hong Kong Law Journal (Vol. 51, Part 3 of 2021)

HONG KONG LAW JOURNAL

Vol. 51, Part 3 of 2021

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Analysis
Interpreting Provisions Ousting the Courts’ Supervisory Jurisdiction over Election Candidacy Decisions Thomas Yeon and Trevor T. W. Wan …829

Articles
Lord Millett in Hong Kong    The Honourable William Gummow NPJ…845 

Assessing Capacity for Lifetime and Testamentary Dispositions Lusina Ho…853

Discrimination against Defendants with Disabilities in the Hong Kong Criminal Justice System: Unfitness to Plead Rules, the Insanity Defence and Disposition Orders Jane Richards…875

The Conceptual Barrier to Comparative Study and International Harmonisation of Data Protection Law Li Yang and Min Yan…917

The Surrender of Fugitive Offenders Between Mainland China, Hong Kong, and Macau: Relevance of the Political Offence Exception? Yanhong Yin…951

Regulating Connected and Autonomous Vehicles Through a Lens of Inclusivity James Marson, Jill Dickinson and Katy Ferris…983

China Law
COVID-19 Litigation and China’s Sovereign Immunity Zheng Tang and Zhengxin Huo…1013

Chinese Special Confiscation Procedure: Rules, Implementation and Problems Shiling Xiao…1041

China’s Cooperative Protection of Underwater Cultural Heritage in the South China Sea  Ran Guo…1075

Reassessing Warranty in the Marine Insurance Contract under Chinese Law Haifan Yang and Ling Zhu…1107

The Evolution of Guanxi Dynamics in the Chinese Legal System: A Perspective of Career Mobility Yuqing Feng and Qing Xu…1131

Guanxi in the Chinese Non-profit Sector and its Interaction with the Newly Reformed Chinese Legal System Ruoqi Li…1155

Qing Judicial Reasoning at the Appellate Level (Part II) Geoffrey MacCormack…1183

Book Review
Proportionality in Asia Shiling Xiao…1211

Review Article
Championing Constitutionalism in Difficult Times: The Enduring Works of Professor Albert HY Chen Carole J. Petersen…1217

New Issue of Hong Kong Law Journal (Vol. 51, Part 2 of 2021)

HONG KONG LAW JOURNAL

Vol. 51, Part 2 of 2021

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Articles

Rethinking Hong Kong’s Tax Agreements: Challenges of Transparency, Harmonisation and Global Tax Reform Julien Chaisse and Xueliang Ji…405

Political Insider Dealing: The Case for Furnishing a Stronger Regulatory Regime in Hong Kong Ho Cheuk-Yuet…441

An Analysis of Judicial Restraint in the Doctrine of Substantive Legitimate Expectations in the United Kingdom and Hong Kong Kenny Chng...467

The Case in Support of Third Party Funding for Civil Litigation in Hong Kong Adrian Luk…491

Human Rights and International Investment Law: Examining Four Approaches to Integration Julian Ng…523

Taking “Public Function” Seriously Thomas K. Y. Yeon and Gabriel H. G. Wan…547

Is There a Need for a Regional Fishery Agreement in the South China Sea? Yen-Chiang Chang, Xudong Zhang, Shuang Liu…573

The Principle of Good Faith in International Law Halil Rahman Basaran…597

China Law

Guanxi and Law and Society Fieldwork in China Xin He… 625

Maritime Courts in China and their Jurisdiction Ling Zhu and Xiaojing Li…645

TheRegulation of the Art Market in China Hui Zhong…669

Re-evaluating the Information Disclosure Mechanism in the Sale of Bank-issued Wealth Management Products in China Zhou Qin…691

Renminbi-CentricGlobal Financial System: China’s Statecraft and Multi-polarity Shen Wei and Joel Slawotsky…737

A Critical Evaluation of China’s New Blocking Statute against Unfair Extraterritoriality Beibei Zhang…775

Qing Judicial Reasoning at the Appellate Level (Part I) Geoffrey MacCormack...801

Book Review

Lawyer, Scholar, Teacher and Activist: A Liber Amicorum inHonour of Derek Roebuck Peter Scott Caldwell…825

New Issue of Hong Kong Law Journal (Vol. 50 - Celebrating 50 Years of Legal Scholarship, Part 3 of 2020)

HONG KONG LAW JOURNAL

Vol. 50, Part 3 of 2020

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Analysis

Gay Rights in Hong Kong after Infinger v Hong Kong Housing Authority: A Step Backwards in Principle but a Step Forward in Practice? Kai Yeung Wong ... 831

Claiming Wrongful Diagnosis under the Mental Health Ordinance: The Impossibility of Building a Reasonably Arguable Case Urania Chiu and Daisy Cheung ... 837

Pecuniary Penalties for Anti-Competitive Conduct: Absolutely Deterrent? Alex C.H. Yeung and Joshua Yeung ... 851

The Singapore Convention: Is This the New York Convention for Mediation? Suraj Sajani ... 863

Hong Kong Law Journal: A Citation Analysis Antonia CH Yiu ... 877

Articles

Threats to Hong Kong's Autonomy from the NPC's Standing Committee: The Role of Courts and the Basic Structure Doctrine Surya Deva ... 901

Is Hong Kong's Riot Law "Respectable"? Margaret Ng, Jason Ko and Kin Lau ... 935

Lawful Traditional Right and Sustainability: An Unbalanced Interest in the Customary Ding Right in Hong Kong? Say H Goo and Heather Lee ... 961

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 ... 983

Re-examining the World Bank's Doing Business Report in the Light of its Pro-deregulation Bias Miriam Anozie, Festus Ukwueze, Louis Enu-Tampie, Benjamin Mukoro, Uju Beatrice Obuka, Obinne Oguejiofor and Ndubuisi Nwafor ... 1005

Treatment Standards of State-Owned Enterprises as Public Entities: A Clash or Convergence across International Economic Laws? Bin Gu and Chengjin Xu ... 1025

Shareholder Control in the Context of Corporate Social Responsibility: A Fundamental Challenge to the Modern Corporation Min Yan ... 1057

China Law

Pre-empting Court–Civil Society Synergy: How China Balances Judicial Autonomy and Legal Activism Yueduan Wang ... 1081

The Change of Government's Role in Reorganisation of Listed Companies in China: A Contrast of the Empirical Evidence in the Periods Between 2007–2013 and 2013–2019 Huimiao Zhao and Wei Cai ... 1107

Legal Personality and the Evolution of the Rule of "Debts-Follow-Assets" in China: Complicating the Theory of Interest Group James Si Zeng ... 1133

Compelling Filial Support: The Experience of the Elderly Law in China's Courts Luxue Yu ... 1155

Chinese Characteristics and Universalist Insolvency Ideals Chuyi Wei, Gerard McCormack and Xian Huang ... 1183

Book Review Law

Criminal Appeals in Hong Kong Amanda Whitfort ... 1215

New Issue of Hong Kong Law Journal (Vol. 50 - Celebrating 50 Years of Legal Scholarship, Part 1 of 2020)

HONG KONG LAW JOURNAL

Vol. 50, Part 1 of 2020

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

HKLJ Turns 50     Rick Glofcheski…1
Birth of the Hong Kong Law Journal     Henry Litton CBE, GBM…5

Comment
A Strained Interpretation of Art 22 of the Basic Law     Johannes Chan…7

In a highly controversial statement, the Liaison Office of the Central People's Government in Hong Kong claimed that it is not "a department of the Central People's Government" within the meaning of art 22 of the Basic Law and hence not subject to the constitutional restraint of non-interference with the internal affairs of Hong Kong. The statement has received support from the Hong Kong and Macau Affairs Office and the Chief Executive of the Hong Kong Special Administrative Region, but has aroused widespread concern on the extent of the autonomy of Hong Kong under the Basic Law. This article argues that the view of the Liaison Office is untenable, and may represent a change of policy towards Hong Kong.

Analysis
The Logical Foundations of Judicial Review of Legislation in the Hong Kong Special Administrative Region     Eric C Ip…19

This Analysis demonstrates in the simplest manner that the Basic Law of the Hong Kong Special Administrative Region could not have authorised the courts it established to enforce non-applicable laws that violate itself. This lack of judicial authority to enforce laws inconsistent with the Basic Law cannot in itself be curtailed, even by a Standing Committee Interpretation without contradiction. Nor can the courts' obligation to ascertain the consistency of primary and subsidiary legislation with the Basic Law be prohibited by such an Interpretation without reducing the Basic Law into a non-justiciable paper tiger. Judicial enforcement of the Basic Law does not imperil Chinese sovereignty; if anything, it enhances the reputation and credibility of the Basic Law, the centre-piece of "One Country, Two Systems".

A Response to Infinger v Hong Kong Housing Authority — Same-sex Couples' Unequal Access to Public Housing in Hong Kong     Elizabeth Lui…35

Passenger Injuries in International Air Law: Case Law Development and Upcoming Questions for Hong Kong Courts     Jae Woon Lee…49

Lecture
Judicial Striking-Down of Unconstitutional Legislation     Hon Mr Justice Kemal Bokhary GBM, NPJ…77

Articles

The Two Giants of the Post-war High Court of Australia     Andrew D Clarke…85 

Proprietary Estoppel Remedies in Hong Kong: Lessons from Singapore, England and Australia      Ying Khai Liew…109 

The "Social Contract", Care and Inheritance in England and Hong Kong     Brian Sloan…139 

Just a Slap on the Wrist? Parental Corporal Punishment of Children and the Defence of Reasonable Chastisement in Hong Kong     David Birchall and Jack Burke…167 

The Application of Existing Intellectual Property Legal Regime to Space Activities: An Examination of the Self-Contained Mechanism in the Outer Space Treaty     Zhijie Chen…195 

Human Arbitrators (the Undisputed Champion) v Robots (the Challenger)     Dan Wei and Gustavo Moser…215

50th Anniversary Feature Articles
Chinese Law and Legal Reform: Where to from Here?     Jianfu Chen…243 

China Law 

Third Party Rights and Insurer's Defences in Liability Insurance in Chinese Law and Judicial Practice     Zhen Jing and Liang Zhao…275 

The Qing Dynasty's Obligatory Case Review System and its Purposes: Supporting Shapiro's Model of Courts     Kevin M Hubacher…303

Relationship between Law and Morality in Qing Law as Evidenced in the Legal Treatise (Xingfa) of the Draft Qing History (Qingshi Gao)     Geoffrey MacCormack…321 

Book Review
Transparency Challenges Facing China     Michael Dowdle…343

New Issue of Hong Kong Law Journal (Part 3 of 2019)

HONG KONG LAW JOURNAL

Vol. 49, Part 3 of 2019

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Analysis
Brexit, Prorogation and Prerogative Hon William Gummow AC	817
Electoral Disqualification, Political Allegiance, and the Courts: A "Fruitless Debate"? Po Jen Yap and Jiang Zixin	825
Lecture
Conflict of Fundamental Rights and the Double Proportionality Test Hon Mr Justice Andrew Cheung PJ	835
Articles
Amnesty in Hong Kong? Esther Mak and Jason Fee	851
The Power of the Chief Executive to Grant an Amnesty: A Possible Solution to the Extradition Bill Controversies Johannes Chan	865
Not an Internal Affair: Hong Kong's Right to Autonomy and Self-Determination under International Law Carole J Petersen	883
Who Pays for Failing Banks? Hong Kong's Financial Institutions (Resolution) Ordinance Christian Hofmann	905
From Harvard Mouse to Novartis: Synthetic Biology, Transgenic Life and the Varieties Exclusion in Patent Law Eugene C Lim	927
Global Development of Information Exchange: Rule-maker versus Rule-taker in International Tax Law Jingyi Wang	951
In the Name of Constitutional Law: Reflections on Recent Korean Constitutional Adjudication with Special Reference to President Park's Impeachment Case Kun Yang	979
China Law
Reforming China's IIAs through a New Mechanism of Joint Interpretation: A Legal Fiction Perspective Liping Huang	1001
Soft Law, State-Owned Enterprises and Dispute Resolution on PRC's Belt and Road — Towards an Emerging Legal Order? Ping Xiong and Roman Tomasic	1025
Reforming Chinese Cross-Border Bankruptcy Law during a Trade War: Has the Supreme People's Court Provided a Satisfying Answer? Li Xiaolin	1057
Local Protection in Chinese Securities Litigation: A 20-Year Empirical Study of Securities Cases in China Li Huang	1089
Book Review
Emden's Construction Law Hong Kong Hiu H. Wong, Athena	1139
Review Article
Belatedly but Fruitfully, Law Comes to Grips with the Analytical Chal-lenge of Globalisation	114

New Issue of Hong Kong Law Journal (Part 2 of 2019)

HONG KONG LAW JOURNAL

Vol. 49, Part 2 of 2019

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Hong Kong Extradition Bill
A Perfect Storm: Hong Kong–Mainland Rendition of Fugitive Offenders Albert H.Y. Chen On 9 June 2019, Hong Kong became the focus of international attention as hundreds of thousands of demonstrators marched on Hong Kong Island to oppose the imminent enactment of a legislative bill that would introduce a rendition arrangement, inter alia, between Hong Kong and China. The Bill not only led to the largest protests in the history of Hong Kong, it also brought about the most serious crisis of governance since the establishment of the Hong Kong Special Administrative Region. This article seeks to introduce the legal and political background of the Bill, and to explain the nature of the controversy in the context of the tensions and contradictions generated by China's policy of "One Country, Two Systems", which has been applied to Hong Kong since the handover.	419
Ten Days That Shocked the World: The Rendition Proposal in Hong Kong Johannes Chan	431
Demise of "One Country, Two Systems"? Reflections on the Hong Kong Rendition Saga Cora Chan	447
Articles
Judicial Review of Public Consultation in Hong Kong: The Case for Fixing an "Underdeveloped" Jurisprudential Area Ho Cheuk-Yuet	459
12 Years On: Implications of the Interception of Communications and Surveillance Ordinance on Fundamental Rights and Freedoms in Hong Kong Urania Chiu	487
Is It Constitutional to Demand Hong Kong Independence? A Comparative Study Lin Feng	507
A Non-legislative Reading of the Co-location Decision and the NPCSC's Constitutional Review Power under the Basic Law Jiang Hui	547
Reforming Consumer Protection in Hong Kong: How to Adequately Protect Consumers? Mateja Durovic, Geraint Howells and André Janssen	571
China Law
Funding Derivative Actions in China: Practice, Problems and Prospects Wenjing Chen	603
Implications and Challenges of a Chinese Model for Belt and Road Dispute Resolution: Analysing the Role of the China International Commercial Court and "One-Stop" Mechanism Wei Yin	635
Decentralising Legislation in China's Law on Legislation Amendment Wei Cui and Jiang Wan	665
Multidimensional Review of the Relationship between Party Regulations and State Laws Shihai Zhu	697
Addressing Dilemmas over Climate Change Litigation in China Zhou Chen	719
Interactive Participatory Regulatory Model in China's Cloud Era Cong Xu	749
Opportunities or Threats? — Rethinking the Development of Chinese Non-Profits under the Newly Reformed Legal System Ruoqi Li	785
Book review
Simon Bushell and Gary Milner-Moore, Disclosure of Information: Norwich Pharmacal and Related Principles Charles Dougherty QC	811

New Issue of Hong Kong Law Journal (Part 1 of 2019)

HONG KONG LAW JOURNAL

Vol. 49, Part 1 of 2019

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

Articles
Regulating Working Hours in Hong Kong: Towards Temporal Autonomy Mimi Zou and Kelly Leung	1
Going Global: An International Profile of Legal Research in Hong Kong’s Law Schools Stephen Thomson	29
China Law
Article V(1)(b) of the New York Convention in China: Applying the Due Process Defense without the Doctrine of Due Process Lei Zhu and Yongping Xiao	57
Impact of Certain Merger Control Provisions on Hostile Takeover Activities in China Ewa Kruszewska	91
“The Belt and Road” and Cross-Border Judicial Cooperation Zheng Sophia Tang	121
Qing Judicial Interpretation of “Coercion” and “Deceit” in the Context of Suicide Geoffrey MacCormack	153
Symposium: 20 Years of the Basic Law
Introduction  Po Jen Yap	183
Separation of Powers in Hong Kong: Inching Towards a More Flexible Judicial Interpretation  Danny Gittings	187
Twenty Years of the Basic Law: Continuity and Changes in the Geoffrey Ma Court   Po Jen Yap	209
Dualism in the Basic Law: The First 20 Years  Michael Ramsden	239
Proportionality after Hysan: Fair Balance, Manifestly without Reasonable Foundation and Wednesbury Unreasonableness  Johannes Chan	265
Constitutional Finance: The Role of the Hong Kong Basic Law during the Global Financial Crisis  Eric C Ip	295
Subsidiarity, Authority and Constitutional Experimentalism in Hong Kong Yu Xingzhong	315
Round Three of Hong Kong’s Constitutional Game: From Semi-Democracy to Semi-Authoritarianism  Benny YT Tai	335
Revisiting Legislative Interpretations in China and the Implications for Hong Kong Yang Xiaonan and Fu Hualing	357
The Oath-taking Cases and the NPCSC Interpretation of 2016: Interface of Common Law and Chinese Law Han Zhu and Albert HY Chen	381

Click here to read the abstract of each article. Hong Kong Law Journal is published by Sweet & Maxwell. Full text is available on Westlaw.