Ryan Whalen et al on Measuring the Value of Trademark Distinctiveness: Evidence From the Market for Bordeaux Wine (JELS)

"Measuring the Value of Trademark Distinctiveness: Evidence From the Market for Bordeaux Wine"
Christopher Buccafusco, Jonathan S. Masur, Ryan Whalen
Journal of Empirical Legal Studies
Published online: September 2025

Abstract: The market value of distinctive trademarks is a fundamental assumption of both trademark law and marketing theory. However, there is little empirical evidence underlying this assumption. We examine the relationship between brand dissimilarity and market prices in the context of the Bordeaux wine market. Using a unique dataset covering thousands of wines and their associated prices and professional ratings, we find that brand distinctiveness is related to higher wine prices. We further show that this relationship persists across the wine quality spectrum, with both lower quality and higher quality wines benefiting from dissimilar marks. Finally, we show that while there is a dissimilarity price premium for lower quality wines, producers who invest in higher quality wines are rewarded with an even greater premium for dissimilar names in absolute dollar terms.

Eric Ip on Planetary health ethics: A Confucian alternative (The Journal of Climate Change and Health)

"Planetary health ethics: A Confucian alternative"
Eric Ip
The Journal of Climate Change and Health, Volume 22
Published online: December 2024

Abstract: Planetary health acknowledges that the disruptions and deterioration of natural systems pose a significant and pressing threat to human beings and the interconnected network of life. The perceived dichotomy between anthropocentrism and ecocentrism is a human construct that reflects the binary thinking that has dominated Western philosophy. The anthropocosmic perspective of Confucian ethics highlights the interdependence between humans, their communities, the environment, and the cosmos, emphasizing that environmental well-being is vital to personal health and wellness. Confucianism also asserts that humans are a product of nature and should embody the principles of life and growth to become compassionate individuals in harmony with the universe. Consequently, human existence is inherently tied to nature, and the deterioration of the environment eventually harms humanity. A Confucian planetary health ethic prioritizes the concept of humanity's oneness with all things. Given that the Earth system now experiences less stable patterns than before, humans must assume accountability for anthropogenic climate change, pollution, and biodiversity loss. We must begin to appreciate that the rest of the biosphere is closely linked to our physical body.

New Issue of Hong Kong Journal of Legal Studies (Volume 18, 2024)

HONG KONG JOURNAL OF LEGAL STUDIES

Volume 18, 2024

Editors-in-Chief: Megan Louie, Prakritee Yonzon

Publisher: University of Hong Kong Faculty of Law

TABLE OF CONTENTS

Foreword
Ms. Olga Boltenko...i

Preface
Megan Louie and Prakritee Yonzon...iv

Rethinking Lasmos: The effect of Arbitration Clauses on Insolvency Proceedings in Hong Kong
Zhang Jiaqi...1

The Anatomy of the Six-Step Sentencing Approach for Drug Trafficking: Consolidating Herry Lane Yusuph, Lee Ming Ho, and Raman Kapusamy
Jonathan Chung Wa Ho, Justin Chan Wan...31

The next step after Sham: Why and how will civil partnerships be introduced in Hong Kong? Further, will same sex marriage be recognized in Hong Kong?
Ip Chin Victoria...65

Curbing Trademark Bullies through Compensation Liability: The Approach of Chinese Judges in the Anti-Counterfeit Bulk Lawsuits of Trademark Infringement
Junsong Feng...89

Pets in Protection Orders: A Comparative Analysis of Four Common Law Frameworks and Recommendations to Expand Hong Kong’s Animal Law Regime
Shi Tao Zhang...121

Zhang Jiaqi on Rethinking Lasmos: The effect of Arbitration Clauses on Insolvency Proceedings in Hong Kong (HKJLS)

"Rethinking Lasmos: The effect of Arbitration Clauses on Insolvency Proceedings in Hong Kong"
Zhang Jiaqi (BBA(Law)&LLB)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 1 - 29

Abstract: When the Companies Court in Hong Kong examines a winding-up petition on insolvency grounds, and the debt that is relied on contains a valid arbitration clause, what is the correct approach for the Court so as to balance all competing interests and achieve a fair and reasonable outcome? This seemingly vanilla question has given rise to enormous debates and uncertainties in a variety of common law jurisdictions, including Hong Kong, Singapore, and the UK. This paper aims to present the development on the area of law, reconcile the competing values underlying arbitration and insolvency, and propose an ideal standard to be adopted by the Hong Kong courts. It also makes observations on judicial practices of Hong Kong courts on this issue since 1997, which may offer some insights to practitioners when drafting agreements which are governed by Hong Kong law and contain an arbitration clause.

Jonathan Chung Wa Ho and Justin Chan Wan on The Anatomy of the Six-Step Sentencing Approach for Drug Trafficking (HKJLS)

"The Anatomy of the Six-Step Sentencing Approach for Drug Trafficking: Consolidating Herry Lane Yusuph, Lee Ming Ho, and Raman Kapusamy"
Jonathan Chung Wa Ho and Justin Chan Wan (BSocSc (Government and Laws) and LLB)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 31 - 64

Abstract: The recent cases of HKSAR v Lee Ming Ho and HKSAR v Raman Kapusamy contribute crucial clarity to the sixstep sentencing approach formulated in HKSAR v Herry Jane Yusuph. This trio of trafficking cases chart a course for Hong Kong’s move away from a prescriptive arithmetical drug sentencing policy, and towards a more discretionary, structured and individualised assessment of culpability. By offering a consolidation of these three cases, we analyse the core rationale adopted by the Hong Kong Court of Appeal, and the potential extension of

such to subsequent cases when the six-step approach operates in tandem with pre-existing sentencing principles. We focus our analysis on the delineation between ‘role and culpability’ and ‘aggravating factors’, the availability of mitigating factors, and the overall proportionality assessment required by the principle of totality.

Ip Chin Victoria on The next step after Sham: Why and how will civil partnerships be introduced in Hong Kong? Further, will same sex marriage be recognized in Hong Kong? (HKJLS)

"The next step after Sham: Why and how will civil partnerships be introduced in Hong Kong? Further, will same sex marriage be recognized in Hong Kong?"
Ip Chin Victoria (BSocSc (Government and Laws) & LLB)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 65 - 87

Abstract: Pursuant to the Court of Final Appeal’s judgment Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28, it is the responsibility of the HKSAR Government to put in place an alternative legal framework that recognises same-sex partnerships with appropriate rights and protections attendant on such recognition within two (2) years. This essay aims to explore questions in relation to how might the Government propose the alternative legal framework, and eventually whether same-sex marriage will be legalised in Hong Kong by comprehensively analysing the judgment of Sham, as well as social and political factors that may influence the Government’s decision.

Junsong Feng on Curbing Trademark Bullies through Compensation Liability (HKJLS)

"Curbing Trademark Bullies through Compensation Liability"
Junsong Feng (LLM)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 89 - 120

Abstract: In mainland China, trademark bullying and anticounterfeiting campaigns are clearly intertwined and are mainly enforced by professional anti-counterfeiters by filing bulk lawsuits against small businesses at the end of the counterfeiting chain. This strategy distorts the original purpose of anti-counterfeiting efforts. This paper compares this issue to the situation in the United States and analyses the Chinese judiciary’s current response through a quantitative analysis of publicly available court documents. The measures envisaged by the judiciary are to utilise the rules of statutory damages and the legitimate source defense to direct the battle of the anti-counterfeiting campaign to the source of counterfeit. This paper analyses this judicial response and makes suggestions for its improvement.

Shi Tao Zhang on Pets in Protection Orders: A Comparative Analysis of Four Common Law Frameworks and Recommendations to Expand Hong Kong’s Animal Law Regime (JKJLS)

"Pets in Protection Orders: A Comparative Analysis of Four Common Law Frameworks and Recommendations to Expand Hong Kong’s Animal Law Regime"
Shi Tao Zhang (Exchange Student)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 121 - 147

Abstract: As women’s liberation and animal rights gain more popularity in mainstream discourse, the intersection of intimate partner abuse and animal cruelty has emerged as a novel area of law. What happens when one’s significant other hurts their pet during family disputes? If a victim of domestic violence applies for a protection order, can their pet be covered by it as well? This article focuses on the legal recourses and social resources that are available in four common law jurisdictions: the United States, Canada, the United Kingdom, and Hong Kong. Starting with an overview of the connection between animal abuse and domestic violence, it then explores the legal framework and community resources available to victims of domestic violence who want to include their animal in a protection order against their abuser and who want to be sheltered alongside their trusted pet in the United States, Canada, and the United Kingdom. An analysis of the normative principles that underlie these legal regimes is then used to determine the prevailing attitude of the law towards animals. Finally, an overview of Hong Kong’s legal regime on the topic highlights the urgent need for reform and gives way to recommendations formulated through the examination of empirical studies and comparative legal perspectives.

Yun Zhao and Mingyan Nie on Creating a lunar-centric legal regime to preserve peaceful and sustainable uses of cislunar space: Proposing initial measures (Acta Astronautica)

"Creating a lunar-centric legal regime to preserve peaceful and sustainable uses of cislunar space: Proposing initial measures"
Mingyan Nie, Yun Zhao
Acta Astronautica, Volume 236, pp. 856 - 868
Published online: July 2025

Abstract: Cislunar space, the significant region beyond Earth geostationary orbit, has become a focal point for leading spacefaring nations like the United States and China, which are developing infrastructure to support their lunar missions. These nations are establishing national policies and strategies to advance their interests in cislunar space; however, existing international legal frameworks, designed primarily for Earth-orbit and near-Earth activities, are inadequate to address the complex challenges of preserving peaceful and sustainable operations in this region. The 1967 Outer Space Treaty, foundational to current space law, sets a ‘dual-track’ system for peaceful use of outer space and the Moon. Yet, the interconnected nature of cislunar and lunar activities complicates efforts to maintain peace in cislunar space. Additionally, while the Outer Space Treaty and related soft laws offer general principles to prevent harmful interference, they fall short in addressing the unique demands of cislunar space. In response to these emerging challenges, this paper advocates for the creation of a lunar-centric legal regime tailored to the specific conditions of cislunar space. Such a regime should incorporate stricter regulations that address new developments in cislunar and lunar activities and should build upon existing outer space laws. As initial steps, this paper proposes strengthening the ‘exclusively peaceful purposes’ principle, establishing clear implementation rules to safeguard exclusively peaceful uses, refining the ‘due regard’ principle, and creating cislunar-specific Traffic Management and space debris mitigation guidelines to enhance sustainability. Moreover, fostering cooperation between the U.S. and China is crucial. These nations must work together to develop a framework of mutually recognized rules to prevent escalating competition and potential conflicts, ensuring that cislunar space remains a peaceful and sustainable domain.

Lusina Ho and Felix Chang on Intestacy and Inequality Under China’s Revised Succession Law (AJCL)

"Intestacy and Inequality Under China’s Revised Succession Law"
Felix Chang, Lusina Ho
The American Journal of Comparative Law, Volume 72, Issue 3, Fall 2024, pp. 487–527
Published online: June 2025

Abstract: This Article assesses how Chinese intestacy laws augment and redress wealth inequality. In 2021, China’s first civil code took effect, reforming, among other things, the decades-old Succession Law. Focusing on the Intestacy Rules within the Revised Succession Law, we show how the prioritization of testamentary freedom and intrafamilial wealth preservation undercuts the Chinese Communist Party’s goal of curbing inequality, especially as espoused under common prosperity.

Because China does not assess an estate tax, the Revised Succession Law stands as the body of law that most directly governs the intergenerational transmission of wealth. Further, because estate planning is still new in China, intestacy remains prevalent, so the Intestacy Rules have an outsized effect on wealth distribution. Yet only a small subset of the Rules effectuates redistribution; even then, wealth is primarily moved around within a household or kinship unit. Against this backdrop, we advance three modest proposals to enlist the Intestacy Rules in the effort to curtail the intergenerational stickiness of inequality, while recognizing that without an estate tax and other affirmative steps by the government, the prospect of impactful redistribution is slim.

Yun Zhao et al on Mechanical Responsiveness: China’s Online Petition System (The China Quarterly)

"Mechanical Responsiveness: China’s Online Petition System"
Jieren Hu, Xuan Gong, Yun Zhao
The China Quarterly, Volume 262, pp. 293-309
Published online: May 2025

Abstract: Using quantitative analysis and qualitative in-depth interviews conducted in China in 2022–2024, this study explores a new form of grievance expression and dispute resolution adopted by the Chinese Communist Party (CCP): the online petition. While digital technology can receive and handle public complaints more efficiently, local officials under intense top-down pressure and increased accountability often only address citizens’ demands performatively to satisfy the political needs of their superiors. The study of “mechanical responsiveness” reveals that the CCP’s reinforced scrutiny of petitioners as well as local officials not only fails to prevent and resolve disputes at the source but also may lead to increased social discontent and pent-up resentments in the long run when the government fails to live up to its promises. Citizens will also lose faith in the institution and become politically disengaged if grassroots officials are always trying to curry favour with their superiors and avoid punishment rather than address public demands.

Daniel Bell and Qianfan Zhang on Which Political System Is Appropriate for China? An Exchange on Electoral Democracy and Political Meritocracy (Dao)

"Which Political System Is Appropriate for China? An Exchange on Electoral Democracy and Political Meritocracy"
Daniel Bell, Qianfan Zhang
Dao, Volume 24, pp. 199–226
Published online: April 2025

Abstract: Which political system is appropriate for China in the foreseeable future? In this dialogue between two scholars with different interpretations of the Confucian tradition, Zhang Qianfan 張千帆 argues that political leaders should be selected by means of electoral democracy, whereas Daniel A. Bell argues that they should be selected according to superior ability and virtue. They justify their arguments by appealing to contrasting views on human nature, political culture, and the role of the state, and draw some practical implications from Confucian-inspired moral and political theories.

New Issue of Hong Kong Law Journal (Vol. 55, Part 1 of 2025)

HONG KONG LAW JOURNAL
Vol. 55, Part 1 of 2025

Editor-in-Chief: Prof. Eric C Ip
Deputy Editor-in-Chief: Prof. Trevor Wan

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Articles

Knowing Receipt of Shares in a Foreign Non-Common Law Company: Byers v Saudi National Bank
WMC Gummow AC...1

Whose Role? Judicial vs Legislative Protection of Minority Rights
Kemal Bokhary...5

In the Name of Public Interest: Challenging the Coroner’s Failure to Hold a Death Inquest in Hong Kong
Trevor TW Wan...11

Conditional Discharge, Statutory Interpretation and the Mental Health Review Tribunal
Daisy Cheung and Edward Lui...29

Courts and the Legislative Assembly in the Macau SAR Constitutional Crisis (2005–2009)
Luis WK Wong...47

Study on the Preventive Mechanisms for Food Safety Incidents in Hong Kong and Macao: Comparative Perspectives
Ting Zhou, Zimao Xie and Jingwen Chen...77

Can Musical Elements be Copyrightable? Rethinking the Boundaries of Copyright Protection
Xuan Shen...101

Stamp Duty in Hong Kong (1981–2024): The Evolution Waltz
Wilson Chow and Josiah Chung Ming Chan...101

Trevor Wan on In the Name of Public Interest: Challenging the Coroner’s Failure to Hold a Death Inquest in Hong Kong (HKLJ)

"In the Name of Public Interest: Challenging the Coroner’s Failure to Hold a Death Inquest in Hong Kong"
Trevor Wan
Hong Kong Law Journal, Vol. 55, Part 1 of 2025, pp.11 - 28

Abstract: Section 20 of the Hong Kong Coroners Ordinance (Cap 504) empowers the Secretary for Justice and any other properly interested persons to apply to the Court of First Instance for an order that a death inquest be held if “a coroner has failed to hold an inquest which ought to be held”. In Leung Shuk Ling and others v Coroner [2023] 4 HKLRD 264, the Court of Appeal for the first time outlined the proper approach to a s 20 application whereby the “public interest” is implicated. This article presents a critical analysis of the reasoning in Leung Shuk Ling, focusing on the legal and statutory basis of the “public interest” factor as well as the necessary limits that should be placed upon it.

Daisy Cheung and Edward Lui on Conditional Discharge, Statutory Interpretation and the Mental Health Review Tribunal (HKLJ)

"Conditional Discharge, Statutory Interpretation and the Mental Health Review Tribunal"
Daisy Cheung and Edward Lui
Hong Kong Law Journal, Vol. 55, Part 1 of 2025, pp.29 - 48

Abstract: This article examines the Hong Kong Mental Health Review Tribunal’s powers in relation to the imposition of conditional discharge orders under s 59E(2) of the Mental Health Ordinance (Cap 136). The wording of s 59E(2) refers back to s 42B of the Mental Health Ordinance, the primary legislative provision governing the conditional discharge regime. There remains ambiguity, however, regarding the scope of the Tribunal’s powers in relation to such matters as the factors that the Tribunal is to consider when deciding whether to impose a conditional discharge order. Section 59E(3) of the Mental Health Ordinance, for example, provides additional factors beyond those contained in s 42B for the Tribunal to consider. In this article, we examine this ambiguity, presenting three different options as to how the interaction between ss 42B and 59E(3) might be interpreted. We then argue that the first of these options is the correct interpretation. We also examine the role that the s 59E(3) factors play within this interpretation, and in particular the implications that the s 59E(3) factors may in turn have for s 42B.

Wilson Chow and Josiah Chung Ming Chan on Stamp Duty in Hong Kong (1981–2024): The Evolution Waltz (HKLJ)

"Stamp Duty in Hong Kong (1981–2024): The Evolution Waltz"
Wilson Chow and Josiah Chung Ming Chan
Hong Kong Law Journal, Vol. 55, Part 1 of 2025, pp.127 - 152

Abstract: Apart from the schedular income taxes imposed under the Inland Revenue Ordinance (Cap 112), stamp duty stands out as the only other major type of tax levied in Hong Kong. Although the current Stamp Duty Ordinance (Cap 117) (SDO) was enacted in 1981, stamp duty is indeed the oldest of the taxes administered by the Inland Revenue Department. It holds significant importance in terms of fiscal revenue generation. Initially and largely modelled on the Stamp Act 1891 (UK), the SDO was less complicated until recent extensive revisions since 2010, particularly concerning real estate transactions in Hong Kong. This article examines the evolution of stamp duty in Hong Kong, focusing on its application to real estate transactions, starting from the inception of the SDO to date. The history of land-related stamp duty has seen changes in the stages of transactions subject to duty and the duty rates, as well as the introduction of new stamp duty categories. “One step forward, one step sideways and one step back” is arguably an apt description of those changes. It also raises the question of how far those changes have effectively achieved their intended goals in the wider context of regulating housing affordability in the real estate market. In the wake of recent social unrest in Hong Kong and the impact of the COVID-19, there is a call for the government to explore outside the box for fresh approaches and perspectives to address current challenges.

International Criminal Justice in the Contemporary Asia-Pacific Region

    The University of Hong Kong (HKU)’s Faculty of Law and Centre for Comparative and Public Law (CCPL) held a workshop entitled “International Criminal Justice in the Contemporary Asia-Pacific Region” on 12 and 13 September 2025. The Workshop was conceived and overseen by Dr Suhong Yang and Professor Simon Young. As a key activity celebrating the 30th anniversary of CCPL, it was organised with the support of the Hong Kong International Legal Talents Training Academy (HKILTTA). After the welcome remarks by Professor Young and HKILTTA Director Dr Ling Yang, Judge Daqun Liu (China, UN International Residual Mechanism for Criminal Tribunals), Judge Raul Cano Pangalangan (Philippines, International Criminal Court (ICC)), and Judge Chang-ho Chung (South Korea, ICC) delivered their keynote speeches. The workshop featured prominent scholars and practitioners across Asia, Australia, Europe, and America, including Judge Nina HB Jørgensen (Norway, Kosovo Specialist Chambers), Judge Margaret M deGuzman (United States, UN International Residual Mechanism for Criminal Tribunals), Dr James Ding (HKSAR Department of Justice), Professor Sarah Williams (University of New South Wales), and many more. The High Court of Hong Kong also hosted a visit for the workshop participants, during which participants observed part of a criminal jury trial.

    The event was a great success with brilliant papers presented by speakers and insightful comments from assigned discussants. The workshop included six panels, addressing the following areas: domestic prosecutions and universal jurisdiction, ICC and Asia Pacific States, perspectives in China and Hong Kong SAR, hybrid courts and alternative justice, international criminal justice and public international law, and responsibilities and punishment. A detailed programme can be found here. The organisers and participants plan to publish the papers in an edited collection by a leading international publisher. This workshop not only advances the research on international criminal justice and the Asia-Pacific Region, but also serves to reinforce Hong Kong’s profile as an international legal hub.

RGC funded Collaborative Research Project on Mitigating Legal and Climate Risk in Asia Pacific Infrastructure Development

Congratulations to the research team awarded a RGC Collaborative Research Fund (CRF) Grant of $2 million for the project "Mitigating Legal and Climate Risk in Asia Pacific Infrastructure Development".  The project began in June 2025 for a duration of 36 months. It aims to develop a framework for assessing the sources of legal risk associated with infrastructure investment projects resulting in legal disputes. 

It is led by Prof. Shahla Ali of University of Hong Kong Faculty of Law and includes Co-Principal Investigators from HKU Law (Prof. Ying Zhu), HKU Social Sciences (Prof. David Palmer and Prof. Hui Li), and PolyU Construction and Environment (Prof. Tarek Zayed), and collaborator from HKU Institute for the Humanities and Social Sciences (Ms. ZiWei Fan).  This is another good example of an interdisciplinary collaborative research project. There are few law-related projects supported by the CRF fund, so well done to the team and hopefully we will see more CRF collaborations with legal academics in Hong Kong.

New book by Stefan Lo and ELG Tyler on the Butterworths Hong Kong Company Law Handbook (27th edition)

Butterworths Hong Kong Company Law Handbook (27th edition)
ELG Tyler, Stefan Lo
LexisNexis
Published in June 2025

Abstract: The Butterworths Hong Kong Company Law Handbook - 27th Edition aims to deal with the intricacies of the Companies Ordinance (Cap 622) in an easily accessible form. This Handbook reproduces the text of the Ordinance as currently in force along with section-by-section annotations and examines relevant case law and significant judicial decisions. The annotations also provide definitions of words and phrases, discussions on practical aspects and contentious issues with reference to each section and other authoritative materials including cross-jurisdictional references. As this series has been cited with authority in over one hundred court cases in the Hong Kong Court of First Instance, Court of Appeal and Court of Final Appeal, this Handbook will no doubt be an invaluable source of information for practitioners, legal advisers, company secretaries, students and anyone interested in the laws governing companies in Hong Kong.

Stefan Lo on Privacy (New book chapter)

"Privacy"

Stefan Lo

in Hon Mr Justice Bokhary, Normann Witzleb, Neerav Srivistava (eds), Tort Law and Practice in Hong Kong (4th edition, Sweet and Maxwell, April 2025), Chapter 21
Published in April 2025

Abstract: This chapter examines tort actions protecting privacy of persons under the common law, with a focus on the tort of misuse of private information. This tort has developed significantly in the United Kingdom in the past two decades. Although there is little case authority on the tort in Hong Kong, there are some observations of the Hong Kong courts supporting the existence of the tort in Hong Kong. Apart from this tort, the chapter also examines how other torts can effectively protect privacy, including the tort of nuisance as set out by the UK Supreme Court in Fearn v Board of Trustees of the Tate Gallery [2024] AC 1.