New Issue of Hong Kong Law Journal (Vol. 54, Part 2 of 2024)

HONG KONG LAW JOURNAL
Vol. 54, Part 2 of 2024

Editor-in-Chief: Prof. Eric C Ip

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Articles

Never say Never: Equity’s Reach in the Modern Age
Lord Briggs of Westbourne...291

Crime and Punishment – The Birth of Justice?
Kemal Bokhary...309

All Roads Lead to Rome? Carving an Inclusive Path towards Global Regulation of State-owned Enterprises
Ying Bi...317

Liability of Remote Controller in Unmanned Ship Carriage
Zikun Chen...351

Bridging the Gap: Exploring the Co-ordination between China’s Foreign Investment Legal Regime and International Investment Treaty Practice
Tianjie Gu...363

When China’s Wealth Management Products Become Vulnerable to Runs: From Liquidity Management to Sponsor Support
Longjie Lu...395

Error of Law in Hong Kong Administrative Law: A Doctrinal Reappraisal
Edward Lui...429

Revisiting the Concept of Effective Nationality in International Investment Law
Kim Anh Dao and Hyokwon Kim...453

The Recording and Review System in Hong Kong: Formation, Evolution and Improvement
Cheng Sun and Fan Xiang...475

Improving the Management System of the Guangdong-Macao in-Depth Co-operation Zone in Hengqin According to Law
Shihai Zhu, Lejuan Zhou and Zhengmin Xu...503

Tying up Your Camel: Rethinking “Self-determination” for Digital Financial Consumer Data Protection
Zi-he Guo and Charlie Xiao-chuan Weng...525

Reconceptualising the Role of Actual Causation in Criminal Law
Dennis J Baker...555

Kemal Bokhary on Crime and Punishment – The Birth of Justice? (HKLJ)

"Crime and Punishment – The Birth of Justice?"
Kemal Bokhary
Hong Kong Law Journal, Vol. 54, Part 2 of 2024, pp.307 - 313

Abstract: Even more than they treasure justice, people abhor injustice. There is substance in the proposition that crime and punishment is the birthplace of judicial justice, for historically leaders paid more attention to suppressing offences than to resolving private disputes. The quality of criminal justice was a measure of the leader. Self-help between subjects was not frowned upon. But the taking of revenge by the victims of crime was always prohibited, for the taking of such revenge puts the law out of office. And it would lead to anarchy. The administration of criminal justice stood sorely in need of improvement. Much improvement has been made. But much more remains to be made. Two of the improvements made were surprisingly long in coming. One of these is an accused person’s right to counsel. If defence counsel’s incompetence deprives the accused of a fair trial, that is a ground for quashing a conviction. Prosecutors’ duty is to prosecute but they must do so fairly. Their failure to do so can lead to the quashing of a conviction. The other improvement that was surprisingly late in coming is the conferring of the right of criminal appeal. Exonerating the innocent and calling the guilty to account is the objective of the criminal justice system. Convicting the innocent and letting the guilty go free are both abominations. But the former is the worse. The presumption of innocence and the prosecution’s burden of proving guilt beyond reasonable doubt are directed to avoiding it. Sentencing involves bearing in mind various different interests and sentiments. The reformation of offenders is the main, but no sole, objective of punishment. Comparing Dudley and Stephen’ case with the Conjoined Twins’s case as thought-provoking. Stimulating thought is one of the best ways way of teaching.

Edward Lui on Error of Law in Hong Kong Administrative Law: A Doctrinal Reappraisal (HKLJ)

"Error of Law in Hong Kong Administrative Law: A Doctrinal Reappraisal"
Edward Lui
Hong Kong Law Journal, Vol. 54, Part 2 of 2024, pp.427 - 450

Abstract: English administrative law has once distinguished between jurisdictional and non-jurisdictional errors of law; establishing an error of law simpliciter was insufficient for an applicant. It is now trite that English administrative law has abandoned this historical distinction; an error of law simpliciter is reviewable. This investigation asks: has Hong Kong administrative law followed the modern English position, or has the historical distinction been retained? In an analysis that has been of influence in the academic literature, Thomson has concluded that the Hong Kong authorities are ambiguous on this point --- and that the doctrinal status quo is perforce problematic. This investigation reappraises Thomson’s conclusion, and contends that the doctrinal status quo is in fact clear: a clear line of authorities from the Hong Kong Court of Final Appeal affirms that an error of law simpliciter is reviewable, and the historical distinction is no longer relevant for Hong Kong administrative law.

Angus Young and Eurus Yiu on China Evergrande: Liquidation of a Chinese Company Listed in Hong Kong (International Corporate Rescue)

"China Evergrande: Liquidation of a Chinese Company Listed in Hong Kong"
Angus Young and Eurus Yiu
International Corporate Rescue (Vol 21 (2024) - Issue 5)

Synopsis: A legal action to wind up China Evergrande was triggered in Hong Kong where it is listed. This created several legal challenges because it tests the enforcement of Hong Kong court order in China. Furthermore, Hong Kong being an international financial hub, it has wider implications for the territory's reputation. This article will briefly probe into the legal actions that triggered the liquidation of the company, discuss the impact it is has on other stakeholders, the enforceability of Hong Kong's court order in China, and consider what future reforms is needed to improve creditors protection.

New book by Anupama Sharma: Implementation of Rights for Crime Victims in Theory and Practice Lessons from India

Implementation of Rights for Crime Victims in Theory and Practice Lessons from India
Anupama Sharma (PhD graduate)
Routledge
Published in September 2024
224 pp.

Description: There are many different ways in which victims’ rights can be implemented. The implementation pattern may vary depending on the type of rights a jurisdiction offers and the purposes it seeks to achieve via these rights. However, there are a few basic aspects that remain common to the variation in the implementation patterns across jurisdictions. This book provides a theoretical and practical overview of such implementation patterns, their features and underlying differences. It presents theoretical models capturing the different types of implementations of victims’ rights and the purposes that they can achieve. The book also offers a framework comprising the essential aspects involved in implementation of rights such as drafting and presentation, their visibility and accessibility to victims, enforcement of rights in case of breach, and assessment and evaluation of rights to ensure constant monitoring and improvement in implementation. The framework is tested by a sample case study in New Delhi, India, which showcases how the framework can be molded and applied to assess the existing implementation of victims’ rights and the scope for reform. The book will be of interest to those working in the areas of criminal justice, criminal procedure, victimology and human rights.

Scott Veitch et al on The Inhuman in the Human (CLT)

"The Inhuman in the Human"
Kathleen Birrell, Daniel Matthews and Scott Veitch
Critical Legal Thinking
Published online: 16 Sep 2024

"Law and the Inhuman" was the title of a workshop held at the University of Tilburg Law School in April this year. It addressed themes of climate change and the Anthropocene, of non-human agency, and of how the category of the human is becoming increasingly destabilized in legal and political thought and practice. In the dialogue linked here Professor Scott Veitch (HKU Law) and Dr Daniel Matthews (formerly HKU Law, now at Warwick University) explore the general theme through a discussion of "The Inhuman in the Human".

Please click here to view full text.

Weixia Gu became the first Chinese scholar to be appointed to the Academic Council (AC) of the Institute for Transnational Arbitration (ITA)

Congratulations to Prof. Weixia Gu on her appointment as the Academic Council of the Institute for Transnational Arbitration.

In June 2024, Weixia became the first Chinese scholar to be appointed to the Academic Council (AC) of the Institute for Transnational Arbitration (ITA), which is comprised of the top academics in the field of international arbitration. You can view the AC’s current membership online here.

Weixia Gu and Robin Hui Huang on China’s recognition and enforcement of foreign securities judgments against overseas-listed Chinese companies (OUP)

“China’s recognition and enforcement of foreign securities judgments against overseas-listed Chinese companies”
Robin Hui Huang, Weixia Gu
Journal of International Economic Law, Volume 26, Issue 3, September 2023, Pages 577–594
Published online: 26 May 2023

Abstract: Over the past decades, a growing number of Chinese companies have been listed overseas, notably in the USA and Hong Kong. They are subject to the securities regulation of listing places and can be sued thereunder against their securities misconduct. As overseas-listed Chinese companies usually have their main assets located in China, it is important that Chinese courts recognize and enforce foreign securities judgments. However, there are many difficulties in this area, which undermine the efficacy of the regulation of cross-border securities transactions. In quest of solutions, this article assesses the possibility of suing Chinese companies in the offshore financial centres where they are incorporated, finding that there would be similar issues with judgment enforcement in China. It also examines the viability of using arbitration as an alternative, arguing that arbitration may only supplement, rather than substituting, court litigation for resolving securities disputes. China should consider signing a bilateral treaty with the USA, clarifying the principle of reciprocity, and ratifying the 2005 Hague Choice of Court Convention and even the 2019 Hague Judgment Convention. Hong Kong is also advised to expand its current judgment recognition arrangement with Mainland China to cover securities judgments and join the relevant international conventions.

Book review of Daniel F. Vukovich's After Autonomy: A Post-Mortem for Hong Kong’s first Handover, 1997-2019 by Simon Young

"After Autonomy: A Post-Mortem for Hong Kong’s first Handover, 1997-2019 by Daniel F. Vukovich. Singapore: Palgrave Macmillan, 2022. XIV, 175pp. US$109.99 (Paperback). ISBN: 9789811949852"
Simon Young
The China Review, Vol. 24, no. 3 (August 2024), 305 – 308
Published in August 2024

Book Review:  Hong Kong is dead, long live Hong Kong. That is one way of capturing the thesis of Daniel Vukovich’s new book, After Autonomy: A Post-Mortem for Hong Kong’s first Handover. For there must be a death to hold a post-mortem and life after autonomy. The autonomy he refers to is that of Hong Kong from Mainland China, as entrenched by the Basic Law. What comes next, he hopes, is the integration of Hong Kong and Mainland China in an egalitarian manner that is attentive to the needs of people on both sides of the border.

    Vukovich has written an important book about Hong Kong, at a critical time. It is recommended reading for all those who care about Hong Kong’s future. More than a commentary on the 2019 protests and unrest, the book reflects on the significance of 2019 along the historical trajectory of Hong Kong’s progress and evolution. Conscious of being labelled as belonging to either the “yellow” or “blue” camps – the superficial and divisive labels used in public discourse after the 2014 Occupy Central protests – Vukovich takes neither side. Instead, he writes a “green book” (p. 6), a mélange of yellow and blue...Please contact Prof. Young for a full copy of the review.

Weilin Xiao on Expansion and Restriction: Divergent Paths Towards Modernizing Family Laws in Japan and China, 1868–1930 (The American Journal of Comparative Law)

"Expansion and Restriction: Divergent Paths Towards Modernizing Family Laws in Japan and China, 1868–1930"
Weilin Xiao
The American Journal of Comparative Law
Published online: August 2024

Abstract: Before their encounters with Western powers in the nineteenth century, Chinese and Japanese societies were deeply embedded in traditional family systems that formed the backbone of their social structures. However, with the onset of legal modernization, these nations adopted nearly diametrically opposed strategies for reforming their customary family laws. Primarily, Japanese legal reformers under the Meiji regime bolstered the family’s authority and emphasized its political role. In stark contrast, the Chinese legal reformers during the late Qing and Republican periods curtailed family authority and diminished its significance. While the modernization of family laws in Japan and China has been the subject of scholarly research respectively, the differences between the two countries and the reasons behind their distinct approaches have not been adequately explored. This Article seeks to fill this gap.

Through a comparative analysis of the legislative histories of both countries, this Article argues that their divergent paths stemmed from differences in the historical functions of family systems and the modern political contexts encountered by legal reformers during the period of legal modernization. In Japan, the family system was historically politically connected with the state, and the Meiji regime solidified its control over this system through modern codification efforts. Consequently, Meiji political elites saw the integration of the populace into the new absolutist imperial regime as advantageous, leveraging the political loyalty of families to achieve this. In contrast, the Chinese family system had become politically disconnected from the state by the late imperial era. In the aftermath of the Republican Revolution, the Guomindang regime navigated a landscape of rival political forces that significantly challenged its authority. Political elites aimed to dismantle customary family laws to weaken the traditional family system, which they viewed as a threat to governmental centralization and societal unity. They also sought to project a modern, liberal image to garner wider political support.

Ziying LIANG awarded the HKU Foundation First Year Excellent PhD Award 2023/24 (Interview with Ziying LIANG)

Congratulations to Ms Ziying LIANG for being awarded the HKU Foundation First Year Excellent PhD Award 2023/24. The Award gives due recognition to PhD students who have excellent performance during the probationary period.

Ziying is a PhD candidate in the Faculty of Law. Her research interests are in procedure law and public interest litigation and her doctoral research currently focuses on the public interest litigation against wildlife crimes in Mainland China.

Prior to her doctoral research at the University of Hong Kong (HKU), she obtained her Bachelor of Laws (LLB) degree from South China Normal University (SCNU, 2013-17). Afterwards, she obtained a MPhil degree in Procedure Law from the Graduate School of China University of Political Science and Law (CUPL, 2017-20) and graduated as an Outstanding Graduate Student from the School of Criminal Justice. 

During her PhD studies at HKU, Ziying also works as a research assistant at the Faculty of Law, assisting in editing books and participating in research projects of the Faculty. She is a student fellow of the Centre for Interdisciplinary Legal Studies at HKU. Ziying has published articles on public interest litigation in both English and Chinese Journals and delivered speeches at relevant conferences in Asia. Her articles have received several awards for their contributions. Additionally, she has been appointed as one of the student representatives of the RPg students of the Faculty of Law for the academic year of 2023-25.

1. ​What is the topic of your study?

I started my doctoral career with research and exploration of public interest litigation in China, which was also the topic of my MPhil thesis. At present, my research interests lie in the areas of public interest litigation and criminal litigation, with a particular focus on public interest litigation against wildlife crimes.

2. What have been your main achievements?

This summer, I am honoured to have been selected as a recipient of the HKU Foundation First Year Excellent PhD Award 2023/24. I think two achievements during my probation period greatly helped me to achieve this honour. Firstly, my research interest drove me to participate in the paper call for the Symposium on Strictly Preventing and Controlling Environmental Risks and Safeguarding National Ecological Security in Accordance with the Law, which was the Annual Conference of the China Ecological Civilization Research and Promotion Association and the Ad Hoc Committee on Multiple Settlement Mechanisms for Environmental Disputes of the Chinese Society of Environmental and Resources Law in 2022. Among the 123 submitted articles, my conference article ‘An Empirical Study on Wild Animal Conservation under the Threshold of the Criminal Incidental Civil Public Interest Litigation in the PRC – Based on 496 Judgments’, was selected as the second-prize winner (the first of seven second-prize articles) following expert review. Secondly, during my probationary period, I submitted an article to the Journal of International Wildlife Law and Policy, an internationally renowned peer-reviewed journal of high standing, and was successful in having it published in 2023.

                              

In addition, my new article ‘Restorative Compensation Mechanism for Criminal Incidental Civil Public Interest Litigation Relating to Marine Ecology in the Greater Bay Area of Mainland China – A Sample of First-instance Judgements on Marine Ecological Offences’ (the first of nine third-prize articles), has been successfully awarded the Third Prize of the Guangdong-Hong Kong-Macao Greater Bay Area Legal Forum (GBA Legal Forum 2024). I am honoured and delighted to be invited to participate in this forum on behalf of the third-prize winners. This article has been presented in the conference proceedings on 30 August 2024, and will be published in the Chinese peer-reviewed journal – Nomocracy Forum (a Chinese academic journal indexed by the Chinese Social Sciences Citation Index (CSSCI)) in April 2025.

3. How do you feel about receiving this award?

I would like to convey my sincere gratitude to the University of Hong Kong Foundation for recognising my excellent academic performance during the probationary period. I have to say that pursuing a doctoral career is undoubtedly a challenging mission, and it does require great determination and perseverance. I would like to extend my heartfelt appreciation to my supervisor, Professor Amanda Whitfort, for her continuous support and warm encouragement throughout my journey of self-surpassing. Additionally, I wish to express my thanks to my co-supervisor, Professor Richard Cullen, who contributed many insightful ideas to our discussions, as well as Professor Simon Young, who generously provided me with advice and encouragement in my academic life. I am also profoundly grateful to my family and close friends for their companionship and understanding along the path I have chosen. I always believe that the pursuit of continuous self-surpassing is a lifelong journey that enriches our lives in countless ways. Failure is not fatal; rather, it is the courage to persist that truly matters. I wish all those who have chosen doctoral studies the happiness and success that belong to them in their journey.

Peter Chau on The Comparative Account of Tort Reparation (Ratio Juris)

"The Comparative Account of Tort Reparation"
Peter Chau
Ratio Juris
Published online: August 2024

Abstract: How can tort reparation be justified? Stephen Perry's comparative account relies on two ideas: (1) the loss arising from an injurious event should be distributed between the injurer and the victim rather than be borne by society at large; and (2) the distribution of loss between the injurer and the victim depends on a comparison of their “relative degree of fault.” Many believe that a strength of the comparative account lies in its ability to explain apportionment in contributory negligence cases. I argue, to the contrary, that such cases pose a serious difficulty for the account.

New Issue of Asia-Pacific Journal on Human Rights and the Law (Volume 25, Issue 2, August 2024)

ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW

Editor-in-Chief: Simon NM Young

Publisher: Brill, Leiden

2024, Volume 25, Issue 2

Table of Contents

Revisiting State Sovereignty Interpretation in Managing Rohingya Refugee Arrivals Amid the covid-19 Pandemic in Indonesia

Author:  Natalia Yeti Puspita

Pages: 127–152

Online Publication Date: 16 Aug 2024

The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India

Author: Aman Kumar Sharma and Saroj Bohra

Pages: 153–172

Online Publication Date: 16 Aug 2024

Protection of Factually Innocent as a New Narrative to Abolish the Death Penalty in Malaysia

Author: Mohd Munzil Muhamad, Wong Hua Siong, and Baraneetharan Kishur Kumar

Pages: 173–190

Online Publication Date: 16 Aug 2024

Remoulding Coroner’s Inquests in Hong Kong through the Right to Life

Author: Trevor T. W. Wan

Pages: 191–214

Online Publication Date: 16 Aug 2024

Valeria Vázquez Guevara Awarded the Chancellor's Prize 2024 (Humanities, Creative Arts and Social Sciences)

Congratulations to Valeria Vázquez Guevara, whose PhD Thesis “Truth Commissions: The Authority of International Law and the State after Conflict” was awarded the Chancellor's Prize 2024 by The University of Melbourne. The thesis was supervised by Professor Sundhya Pahuja and Professor Shaun McVeigh. The thesis forms the basis of Valeria's forthcoming monograph, Truth Commissions and International Law: Jurisdiction, Representation, Authority (under contract, Cambridge University Press).

     Background on the prize: The Chancellor's Prize for Excellence in the PhD Thesis is awarded by the University of Melbourne each year to up to six nominees. A seventh award may be made to an Indigenous candidate. The awards recognize the quality of the research theses including international reach, impact or potential impact of the topic, publications or other research outputs. Please click here for more details regarding the prize.

HKU Law Welcomes Prof. Trevor Wan

Welcome to Prof. Trevor Wan, who joins the Faculty of Law as an Assistant Professor.

Trevor T. W. Wan is an Assistant Professor at the Faculty of Law, The University of Hong Kong (HKU), where he serves as Deputy Director of the Bachelor of Social Sciences (Government and Laws) and Bachelor of Laws dual degree programme.

His research harnesses interdisciplinary approaches drawn mainly from political science, among other fields, to study comparative constitutional and administrative law, coronial law and forensic jurisprudence. His work has appeared, or is forthcoming, in leading peer-reviewed periodicals including the International Journal of Constitutional Law, Public Law, German Law Journal, Judicial Review, Asian Journal of Comparative Law, Statute Law Review, and Journal of Criminal Law.

Born and raised in Hong Kong, Trevor holds an LL.M. from Harvard Law School where he was the Hong Kong Jockey Club Fellow, and an LL.B. and a B.Soc.Sc. in Government and Laws from HKU, both with First Class Honours. He is a member of the International Society of Public Law and the British Institute of International and Comparative Law. He currently serves as an Associate Editor of the Hong Kong Law Journal, the flagship faculty journal of HKU Law.

Trevor's Research areas include:

• Comparative Constitutional Law
• Comparative Administrative Law
• Coronial Law

Craig Purshouse et al on Liability For Rugby Related Neuro-Degenerative Disease: A Question of Tort (JPIL)

"Liability For Rugby Related Neuro-Degenerative Disease: A Question of Tort"
Emma Cave, Craig Purshouse, and Joe Purshouse
The Journal of Personal Injury Law, 2, pp. 93-112
Published online: May 2024

Abstract: This article examines the potential liability of rugby governing bodies in negligence for their alleged past failures to protect players from known risks associated with the neurodegenerative consequences of rugby-related traumatic brain injury. Not only is there a strong public interest in the claims given the impact it could have on the game, but the claims raise novel issues in tort law and legal medicine. We consider the action in negligence in light of recent developments such as scientific advances in relation to both causes and diagnoses of neurodegenerative disease, criticism of the industry from independent committees, and increased readiness of the courts to hold sporting bodies to account. The article sets out the barriers a claimant would face and the doctrinal advances that would be required to overcome them. While other writers have been sceptical of the chances of claimant success, the argument put forward in this article is that barriers to a claim are not insurmountable, provided the claim is carefully articulated taking account of both doctrine and the developing evidence base.

New book by Cora Chan: Deference in Human Rights Adjudication (Oxford University Press)

Deference in Human Rights Adjudication
Cora Chan
Oxford University Press
Published in June 2024
224 pp.

Abstract: In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to ‘defer’, or accord a margin of appreciation, to the judgments of public authorities. Although there is a rich literature on the subject of deference, two important questions remain unresolved: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. This book offers the first comprehensive analysis of these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyses how courts should choose amongst them, and proposes techniques for rendering deference practicable. The book’s arguments will enable human rights adjudication to be more principled and more in line with the rule of law and separation of powers. The book has two distinctive features. First, it engages with the jurisprudence of six common law jurisdictions that apply a structured proportionality test in rights adjudication, namely, Canada, Hong Kong, Ireland, Israel, New Zealand, and the United Kingdom. Second, the book offers guidelines for judges who wish to apply its theoretical arguments. Combining theory with practice in a broad range of jurisdictions, the book will be an important reference for researchers and students of constitutional theory, comparative constitutional law, and human rights law around the world. It will also assist practitioners, judges, and policymakers who have to grapple with issues of deference in adjudication.

HKU Law Welcomes Prof. Julian Nowag

Welcome to Prof. Julian Nowag, who joins the Faculty of Law as an Associate Professor.

Julian is an Associate Professor at HKU and Lund University, Sweden, specializing in competition law. He is a leading scholar in sustainability and is currently working on the intersection between AI and competition. His recent work with Thomas K Cheng on  Algorithmic Predation and Exclusion won a Concurrence Award in 2023. Julian is also an Associate at the Oxford Centre for Competition Law and Policy and serves as a managing editor of The Journal for Antitrust Enforcement (OUP). He has authored and edited several books, including Environmental Integration in Competition and Free-Movement Laws  (OUP 2016), Intersections Between Corporate and Antitrust Law (eds. with Marco Corradi) (CUP 2024), Research Handbook on Sustainability and Competition Law  (ed) (Edward Elgar 2024), and Global Antitrust and Sustainability: law, economics, enforcement (OUP forthcoming 2024/25). 

Julian earned his Master’s degree (MSt) and doctorate (DPhil) from the University of Oxford. He also completed an LLM in European Legal Studies at Durham University and undergraduate law studies in Germany and Austria. At Lund University, he was the director of the master’s programme in European Business Law and taught courses on competition and various areas of EU law. Julian also taught EU law and competition law at Oxford and gave lectures and seminars on EU law, comparative law, and competition law in various European, Asian, and Latin American universities and institutions.

Julian is a qualified lawyer in Germany, with professional training that focused on competition law. He completed placements at the German Competition Authority’s international co-operation unit, the European Commission (DG Comp, cartels unit), and Allen & Overy’s German Antitrust unit in Hamburg. 

Julian can be found on LinkedIn, SSRN, and Twitter/X.

HKU Law Welcomes Prof. Adrian Kuenzler

Welcome to Prof. Adrian Kuenzler, who joins the Faculty of Law as an Associate Professor.

Adrian Kuenzler is Associate Professor at the University of Hong Kong Faculty of Law and Affiliate Fellow at the Information Society Project, Yale Law School. His research focuses on technology, innovation policy and competition, and examines problems in antitrust, intellectual property and consumer law from a comparative and interdisciplinary perspective. Adrian graduated from the University of Zürich (M.A., Ph.D.) and from Yale Law School (LL.M., J.S.D.). He has served as a Professor in the Faculty of Law at Zürich University and has held visiting academic positions at New York University School of Law, the Max Planck Institute for Research on Collective Goods, Yale Law School, ETH Zürich, the European University Institute, the Weizenbaum Institute for the Networked Society and Oxford University. Adrian has held visiting professorship positions at Universidad de San Andrés (Buenos Aires) and the University of Münster. He has also been a Robert S. Campbell Visiting Fellow at Magdalen College, Oxford.

Adrian’s research on technology and digital markets is regularly relied on by governments and international organizations in debates around the interplay of competition law and data privacy and his work on how the design of online platforms shapes users’ behavior has been drawn upon by policymakers, think tanks and news outlets in different jurisdictions.

Adrian has received a number of prizes for his teaching and research, including the Young Scholar Prize of the International Association for Philosophy of Law and Social Philosophy and the University of Zürich Certificate of Distinction in Teaching. He has received major research grants and fellowships for his work from the Swiss National Science Foundation and Society in Science, among others. Adrian has also been invited to serve as an independent expert in international court proceedings.

Hong Kong Law Journal (Vol. 53, Part 3 of 2023)

HONG KONG LAW JOURNAL

Vol. 53, Part 3 of 2023

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Analysis

Foreign Law in Common Law Courts of Appeal: From Hong Kong to Jersey and Cayman Islands 

The Hon William Gummow AC...907

Articles

The Legal Response to Drugs and Social Supply: The Case of Hong Kong

Karen A Joe-Laidler, Kate Lowe, Simon NM Young and Tin H Cheung...913

A Tribute to the Late Sir Tl Yang (1929–2023)

Trailblazing the Colonial Judiciary: A Tribute to Hong Kong’s First Chinese Chief Justice

Chen Li...941

China Law

An Examination of the Power of the Central People’s Government to Issue Directives to the Chief Executive under the Hong Kong Basic Law

Fan Xiang...967

At the Crossroads? Assessing SEP Injunctive Relief under Patent Law and Competition Law in China

Bo Yuan and Peicheng Wu...995

OECD/G20 Pillar Two and Tax Laws of China: How to Harmonise? 

Xiaojing Cui and Yuan Liu...1027

Empirical Study of the Role of the Chinese Guiding Case System in Chinese Law 

Dong Yan and Jeffery E Thomas...1057

Focus: The Empirical Turn in Chinese Legal Studies

Introduction

Benjamin M Chen...1081

Empirical Legal Studies Made in China: An Empirical Study on Legal Doctoral Dissertations

Jinhua Cheng...1085

Quantitative Legal Research Based on China’s Adjudication Documents: The End of the Golden Era?

Ke Li and Yang Feng...1119

Problems and Misunderstandings in Chinese Empirical Legal Research: The Example of Papers Involving Judgment Documents 

Yu Zeyang and Yu Mengyao...1141

Monopoly and Fragmentation: Data Collection in Chinese Empirical Legal Study

Qin Ma...1171

The Application and Limitations of Survey Methods in the Quantitative Assessment of Justice in China

Hongqi Wu and Lin Haibin...1195

Trade-off Between “Big Data” and “Small Data”: a Simulation Study on The Application of Random Sampling in Chinese Empirical Legal Studies

Yiwei Xia...1215

Data Still Needs Theory: Collider Bias in Empirical Legal Research

Benjamin M Chen and Xiaohan Yin...1241

How to Do Empirical Legal Studies without Numbers? 

Sida Liu and Sitao Li...1259

Book Review

Haochen Sun, Technology and the Public Interest

Tap Huang...1275