Cora Chan on Law and Authoritarian Transition: Anatomy of Hong Kong’s Post-2019 Constitutional Order (Les Éditions Thémis)

"7th Chevrette-Marx Lectures The Chevrette-Marx Lectures 2025 Law and Authoritarian Transition: Anatomy of Hong Kong's Post-2019 Constitutional Order"

Cora Chan

Les Éditions Thémis

Published in September 2025

Description: In the years since the 2019 protest movement in Hong Kong, China has sought to securitise the territory using numerous legal tools. Through a dissection of Hong Kong's post-2019 constitutional developments, this lecture examines how the prerogative and normative domains of Ernst Fraenkel's “dual state” legal order can interact in ways that both facilitate and impede authoritarianism. In doing so, the lecture not only reveals the varied character of legality in today's Hong Kong; it also illuminates the paradoxical roles played by law in authoritarian transitions. These insights are particularly relevant at a time of global crisis for liberal constitutionalism.

Trevor Wan on Globetrotting Advocates: Foreign Barristers in Hong Kong Courts (AJCL)

"Globetrotting Advocates: Foreign Barristers in Hong Kong Courts"
Trevor Wan
The American Journal of Comparative Law
Published Online: November 2025

Abstract: Foreign barristers, typically King’s Counsel from the United Kingdom, can apply for admission on an ad hoc basis to argue cases before the Hong Kong courts. This Article presents a comprehensive account of this regime of ad hoc admissions, which has not yet been systematically examined by scholars. Building upon, and simultaneously challenging, the theory of market control in the sociology of the legal profession, this Article conceptualizes the system as initially an equilibrium between market demand for high-caliber legal services and market control by the local Bar. The transfer of sovereignty in 1997 prompted a shift in the underlying logic of the regime away from market control to politics. Under the new Chinese Special Administrative Region, the regime became integral to preserving Hong Kong’s global standing. A bundle of political factors, tied to the notion of “foreignness,” began to dictate its trajectory. Furthermore, this Article offers an empirical panorama of ad hoc admissions, documenting the trends and patterns over time, profiles of the foreign barristers, types of cases for which they were engaged, clients involved, and reasons for opposing individual admission applications by the Hong Kong Bar Association, Secretary for Justice, and the Court of First Instance. Last but not least, this Article assesses the ongoing criticisms, politicization, and securitization of the regime, while probing its future in light of changes in the underlying political incentive structure.

Brian Tang spoke at the seminar "Legal AI: Ethics, Opportunities & Risks" organized by the Law Society of Hong Kong's Practice Management Committee

Pictured (from left to right): Mr. Simon Chan, Mr. Brian Tang, and Mr. Alan Chiu 

On 18 November 2025, the Law Society of Hong Kong's Practice Management Committee, hosted the seminar "Legal AI: Ethics, Opportunities & Risks" which brought together Hong Kong law firm leaders to explore how AI is transforming the way lawyers work, and also the ethical, operational, and professional considerations that come with it. Mr. Brian Tang, the Executive Director of Law, Innovation, Technology & Entrepreneurship Lab (LITE Lab@HKU), has been invited to speak at this eminent event.

The seminar featured the managing and senior partners of prominent Hong Kong and international law firms Gallant, EllaLAN and Dorsey & Whitney and discussed the emerging trends, practical challenges, and how law firms can responsibly integrate AI into their practices. It also provided the opportunity to experience the latest advancements in Legal AI technology through live demonstrations and free trial sessions by Microsoft, Thomson Reuters and Lawplus, showcasing how innovative AI tools are being applied in real-world legal settings.

Brian shared how AI is changing the technological and market landscape for skillsets and mindsets required of lawyers to thrive, and highlighted the duty of practice supervision and management that partners had over their human staff lawyers using AI and the growing number of AI agents. For more details, click here to view Brian's LinkedIn post.

For the coming Hong Kong Legal Week 2025, Brian will also speak at the Hong Kong LawTech Fest on 5 December 2025 for the topic "Lawyers & AI - the evolving roles and skillsets for success". Interested parties can register to attend for free here: https://www.legalweek.hk/en/law-tech

Weilin Xiao awarded the Hessel Yntema Prize 2025

Congratulations to Weilin Xiao, whose article “Expansion and Restriction: Divergent Paths Towards Modernizing Family Law in China and Japan, 1868-1930” was awarded the Hessel Yntema Prize 2025 by the American Society of Comparative Law. This article forms the first part of Weilin's doctoral dissertation, which he is currently developing into a book manuscript

Background on the prize: Established in 1991 to honor the first editor in chief of the American Journal of Comparative Law, the Hessel Yntema prize of $1,500 recognizes the “most outstanding” article by a younger scholar under 40 years of age published in a recent volume of the Journal. Please click here for more details regarding the prize.

Yuxia Zhang and John Liu on The Rise of the Chinese Judiciary and Its Limits: Administrative Litigation in the Reform Period (The China Quarterly)

"The Rise of the Chinese Judiciary and Its Limits: Administrative Litigation in the Reform Period"

Yuxia Zhang (PhD Candidate) and John Liu
The China Quarterly
Published Online: May 2025

Abstract: This article analyses the performance of the Chinese judiciary in administrative ligation during the recent period of reform using a dataset of over 1.6 million judicial documents. Contrary to conventional wisdom, we find compelling evidence that the judiciary has become increasingly significant in checking the power of the government. Courts accepted 79 per cent more cases from 2014 to 2020, and plaintiffs’ win rate against the government rose from 33.2 per cent to 42.2 per cent. This increase is even more pronounced in cases with a strong impact on local government, such as those reviewing land expropriations and police penalties. Judicial authority has improved, with chief government officials attending more than 50 per cent of trials as defendants. Our findings illustrate a judiciary that is on the rise, but there are fundamental limits to its ascent. Courts remain silent on citizens’ political rights. Judges are reluctant to conduct substantive reviews of government actions beyond procedural matters. These findings support a tripartite theory for understanding the rule of law in China, where the law and the judiciary are instrumental in routine and even hard cases, but their power rapidly wanes in the face of politics.

Douglas Arner et al on Building Digital Payment Ecosystems: Digital Financial Infrastructure, Financial Inclusion, and the UN Sustainable Development Goals (Cal W ILJ)

"Building Digital Payment Ecosystems: Digital Financial Infrastructure, Financial Inclusion, and the UN Sustainable Development Goals"
Douglas Arner, Sijuade Animashaun, Yixiao Cai, Kuzi Charamba
California Western International Law Journal, Volume 55, Number 1 (2024)
Published online: March 2025

Abstract: This article examines how digital payment innovation and supporting initiatives, such as infrastructure and regulation, can foster micro, small, and medium enterprise (MSME) access to finance. This expanded access in turn supports broader sustainable development as reflected in the United Nations Sustainable Development Goals (SDGs). Achieving these goals requires thoughtful consideration and management of technological and a range of other risks and impacts across jurisdictions and governance levels.

     Digital payment platforms serve as collectors, aggregators and (in some cases) providers of MSME financial and other data. This supports lending, low-cost agent-assisted financial transactions, financial products, and services by conventional banks, micro-finance institutions (MFIs), and non-bank financial institutions. Importantly, the data provided by these platforms can facilitate cash flow analysis and factoring (a form of alternative credit data) in which MSMEs use receivables as collateral (complementing other forms of collateral, such as real properties) to access finance within traditional lending institutions or elsewhere. 

   As consumer confidence in e-commerce platforms boosts the digital presence of MSMEs, new markets for MSMEs (particularly small retail shops, such as “mom-and-pop” stores providing last-mile services to unbanked and underserved segments in remote areas) emerges. Yet, there have been increasing concerns among policymakers and regulators at national, regional, and international levels......(Please click here to read the full text.)

Suhong Yang on The International Organization for Mediation in Hong Kong: A New Chapter in Global Dispute Resolution? (The AsianSIL Voices)

"The International Organization for Mediation in Hong Kong: A New Chapter in Global Dispute Resolution?"
Suhong Yang
AsianSIL Voices
Published online: October 2025

Introduction: Mediation is an important means, for peaceful settlement of international disputes, which is stipulated in various treaties including the UN Charter. The nature of the mediating process promotes the preservation of relationships between the parties and aims to achieve win-win results rather than an adversarial approach where one side must win and the other must lose. On 30 May 2025, the signing ceremony of the Convention on the Establishment of the International Organization for Mediation (IOMed, IOMed Convention, respectively) was held in the Hong Kong Special Administrative Region of the People’s Republic of China after two to three years of preparatory work, during which 33 countries, mostly from Africa, Asia, and Latin-America, signed the IOMed Convention. The Convention entered into force on 29 August 2025, following ratification by China, Nicaragua, and Venezuela. The IOMed became operational on 20 October 2025. Presently, the total number of signatory countries has reached 37. 

The IOMed is the first intergovernmental organization dedicated to resolving international disputes through mediation. It is also the first international organization headquartered in Hong Kong, a development which has the potential to raise the international profile of Hong Kong as a “capital” for mediation in the world, and strengthen the role of Hong Kong as a hub for international dispute settlement, building on its strong foundation in international arbitration.

This blog highlights the potential of IOMed in global dispute resolution, and reflects on critical perspectives to offer constructive suggestions.

(Please click here to view the full article on AsianSIL Voices.)

Hilary So on Estoppel: adopting constructive trust to remedy an unhonoured promise (Trusts & Trustees)

"Estoppel: adopting constructive trust to remedy an unhonoured promise"
Hilary H W So (JD 2024, PCLL 2025)
Trusts & Trustees
Published online: October 2025

Abstract: This article examines the scope for England’s recognition of remedial constructive trusts (RCTs) after reviewing the respective legal positions across common law jurisdictions. Having regard to relevant doctrines, jurisprudence and policy concerns, this article proposes estoppel with the following elements as the proper basis for recognising RCTs under English law: (i) a clear and unequivocal assurance by the promisor, (ii) detrimental reliance by the promisee, (iii) justice in all circumstances, and (iv) an appropriate apportionment by the Court. It further suggests that legislative intervention and proper judicial assessment are appropriate solutions to the general concerns about RCT in insolvency contexts.

Kai Tik Au Yeung on Significance of Coordination: A Comparison between the Cape Town Convention and Hague Securities Convention (AsianJIL)

"Significance of Coordination: A Comparison between the Cape Town Convention and Hague Securities Convention"
Kai Tik Au Yeung (LLB Graduate 2022 and PCLL Graduate 2023)
Asian Journal of International Law
Published online: October 2025

Abstract: The Cape Town Convention is widely regarded as the most successful international convention in terms of ratifications. This essay aims to explore the fundamental reasons behind this success. While it is undeniable that the Cape Town Convention receives substantial industrial support in response to urgent market demands and the innovative protocols it established, this essay argues that this alone does not fundamentally explain its success.

Instead, the underlying reason lies in the Convention’s ability to avoid the trap of a false dichotomy – where one side seeks to convince the other to agree with its viewpoint. Rather, the key is to strive for a viable compromise that accommodates the perspectives of both, or even multiple stakeholders. This proposition will be illustrated by drawing on the social science concept of coordination, through a comparative analysis of the drafting processes of the Cape Town Convention and the Hague Securities Convention.

Adrian Kuenzler on Attuning Big Tech Regulation in Light of Data-Driven Markets (EJPLT)

"Attuning Big Tech Regulation in Light of Data-Driven Markets"
Adrian Kuenzler
European Journal of Privacy Law & Technologies, Special Issue 2025
Published online: October 2025

Abstract: Empirical studies have observed rising concentrations of corporate power. Policymakers, in turn, have envisaged the restructuring of markets by breaking big technology companies up. The Privacy Fallacy persuasively argues that accountability for the consequences of corporate data practices entails creating a new type of tort liability that recognizes the value of privacy. But addressing the effects of digital technologies must also involve competition law, to enable consumers to challenge, contest, or modify their favoured product segments. This involves a sort of influence that enables consumers to meaningfully address the predicaments of digital technologies and making their use more profound.

Julian Nowag on Global Antitrust and Sustainability: Law, Economics, Enforcement (Oxford University Press)

Global Antitrust and Sustainability: Law, Economics, Enforcement
Julian Nowag
Oxford University Press
Published online: September 2025

Abstract: Sustainability is a topic that is also gaining in importance for antitrust and competition authorities. The book investigates how competition law and competition authorities around the world deal with sustainability. It covers, economics, law, and enforcement matters. The book also sets out the basics of the concept of sustainability that are necessary for competition lawyers to work with such matters. It explores what economics has to say about the relationship between sustainability and competition. In the legal part, the book covers numerous jurisdictions ranging from developed to developing countries and the work of established and newer agencies. It investigates how competition law enforcement can foster sustainability and also discusses the legal tools available to ensure that competition law enforcement does not unnecessarily hinder sustainability activities by private actors. In a separate chapter, process matters and enforcement tools are considered, in particular those that are available to competition agencies to foster sustainability.

New book by Eric Ip: Law and Justice in Hong Kong: Principles of the Legal System, Fifth Edition (Sweet & Maxwell)

Law and Justice in Hong Kong: Principles of the Legal System, Fifth Edition
Eric Ip
Sweet & Maxwell
Published in October 2025
507 pp.

Description: Comprehensively revised and updated, the fifth edition of Law and Justice in Hong Kong: Principles of the Legal System provides a comprehensive exploration of the legal framework of the Hong Kong Special Administrative Region of the People’s Republic of China—the sole common law jurisdiction in East Asia.

Incorporating analyses of recent judicial decisions and pivotal legal developments in the post-pandemic era, alongside the emergence of the ongoing artificial intelligence revolution, this edition enables readers to understand the core principles of law and the administration of justice that have shaped Hong Kong’s remarkable transformation from a modest fishing settlement into a premier global financial hub over nearly two centuries.

An indispensable resource for students and candidates preparing for professional examinations in Legal System, Constitutional Law, and Legal Methods, this book also serves as a valuable reference for legal practitioners, jurists, and general readers, both in Hong Kong and beyond, who are intrigued by the dynamics of an internationalised common law system functioning under the sovereignty of the world’s most influential socialist state.

Michael Ng and Florence Mok on Suspicious minds: Chinese nationalism, state security and education in Cold War Hong Kong, 1949-70s (Cold War History)

"Suspicious minds: Chinese nationalism, state security and education in Cold War Hong Kong, 1949-70s"
Florence Mok, Michael Ng
Cold War History
Published online: October 2025

Abstract: Using archival records and leftist memoirs, this article examines how the Chinese Communist Party expanded its influence through left-wing schools in Hong Kong during the Cold War, and documents how the colonial state contended with this ‘security threat’. The CCP utilised Hong Kong’s capitalist environment to its advantage and expanded its influence in the education sector. To avoid provoking retaliatory actions from China, the colonial authorities employed different strategies to constrain left-wing schools, which however were only outcompeted by free compulsory education in the 1970s. This case study contributes to debates about the particularistic forms of Hong Kong’s Cold War.

New Issue of Hong Kong Law Journal (Vol. 55, Part 2 of 2025)

HONG KONG LAW JOURNAL
Vol. 55, Part 2 of 2025

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

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Symposium: The Constitution and the Civil Code in Asia

The Constitution and the Civil Code in East Asia: China, Japan, South Korea and Taiwan
Alec Stone Sweet...153

The Constitutionalisation of Civil Law in South Korea: Practices of Ordinary Courts
Yoon Jin Shin...163

The Development of the Doctrine of Horizontal Effect of Constitutional Rights in Taiwan
Hsiaowei Kuan...191

China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory
James C Fisher...211

The Interaction of the Constitution and the Civil Code in Japan
Keigo Komamura...233

China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory
Chong Bu...253

Constitution Talk in the Chinese Civil Courts: Constructing the Constitution through the Civil Code?
Zhuo Ding...277

Articles

Recognition, Relief and Enforcement of Schemes, Plans and Judgments: Towards a Transnational System of Justice in Cross-Border Insolvency
Geoffrey Ma...299

Justice Reimagined: Innovative Remedies in the Courts
Kemal Bokhary...313

The Interface between Arbitration Clauses and Insolvency Proceedings
Hilary So and Anfield Tam...321

The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong
Michael MK Cheung and Anne SY Cheung...341

Sino-US “Chip War”: Can China’s Semiconductor Fiscal and Tax Policies Effectively Break through Technological Blockade? 
Jingxian Chen and Kexin Zhou...373

Book Reviews

Yanhong Yin, The Idea of a Chinese Arrest Warrant: Surrender of Fugitive Offenders between Mainland China
Paulo Pinto de Albuquerque...397

Bokhary, Witzleb and Srivastava (eds), Tort Law and Practice in Hong Kong
Craig Purshouse...401

Alec Stone Sweet on The Constitution and the Civil Code in East Asia: China, Japan, South Korea and Taiwan (HKLJ)

"The Constitution and the Civil Code in East Asia: China, Japan, South Korea and Taiwan"
Alec Stone Sweet
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.153 - 162

Introduction: In East Asian legal systems, national constitutional law and civil codes are developing in increasingly inter-dependent ways, shaping how lawyers plead and judges resolve certain types of cases, and how doctrinal authorities understand the underlying structure of their respective legal systems. Viewed globally, the “constitutionalisation” of the private law in Asia expands comparative inquiry, inviting scholars to revisit old debates and to consider a new set of questions. In each of the countries under consideration here, the forces driving such processes are complex and multi-dimensional. It is no surprise that in Japan, South Korea and the Taiwan Area, change in how high courts exercise their powers of constitutional judicial review have been crucial to enhancing the salience of rights to the litigation of the civil code. In contrast, the Chinese legal system does not feature a constitutional or supreme court, and judicial review of statute is formally prohibited (but see the discussion of the Supreme People’s Court in Bu and Ding). Nonetheless, the new Chinese Civil Code has revived debates about review — and the juridical status of the Constitution — among Chinese legislators, judges, lawyers and scholars.

Chong Bu on China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory (HKLJ)

"China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory"
Chong Bu (PhD Candidate)
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.253 - 276

Abstract: The concept of a super-statute refers to an ordinary statutory law with constitutional characteristics, distinguished by its function, normative framework and far-reaching impact. Comparative constitutional experiences highlight the global prevalence of super-statutes as a crucial vehicle for constitutional development. This article examines the role of the Civil Code of the People’s Republic of China (PRC) as a super-statute in developing and entrenching constitutional norms through constitutionalisation of private law, particularly in light of the absent judicial enforceability of the country’s formal constitution. The Civil Code serves as an important legal instrument for governance, fulfilling key constitutional roles in regulating governmental behaviour, safeguarding rights, balancing social interests, upholding fundamental values and navigating societal advancement. Through its established co-ordination mechanisms for judicial application, the Civil Code wields a broad and profound influence across China’s political, legal and societal spheres.

Zhuo Ding on Constitution Talk in the Chinese Civil Courts: Constructing the Constitution through the Civil Code? (HKLJ)

"Constitution Talk in the Chinese Civil Courts: Constructing the Constitution through the Civil Code?"
Zhuo Ding (PhD Candidate)
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.277 - 297

Abstract: This article examines the phenomenon of “Constitution Talk” (CT) — explicit references to China’s Constitution in civil court proceedings — to analyze its role in the constitutionalization of the Civil Code. Drawing on empirical data from 2018 civil cases (2017–2024) across three provinces, the study explores how judges and litigants invoke constitutional norms to interpret ambiguous provisions, resolve jurisdictional conflicts and conduct informal judicial reviews. Findings reveal that CT is intensifying, particularly in expropriation and environmental cases, serving as a governance tool to align civil law with constitutional principles. However, its impact is constrained in politically sensitive domains, such as reproductive rights, where courts prioritise policy over constitutional arguments. The study argues that CT reflects a dynamic interplay between legal innovation and state control, offering insights into China’s evolving legal governance under the Civil Code. While CT enhances judicial legitimacy and rights protection, its boundaries underscore the enduring influence of Party policy on constitutional discourse.

Hilary So and Anfield Tam on The Interface between Arbitration Clauses and Insolvency Proceedings (HKLJ)

"The Interface between Arbitration Clauses and Insolvency Proceedings"
Hilary So (PCLL graduate) and Anfield Tam (PCLL graduate)
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.321 - 340

Abstract: This article reviews the line of authorities laid down by the English, Singaporean and Hong Kong courts concerning the approach to stay or dismiss an insolvency petition where the underlying debt is subject to an arbitration clause. While the Hong Kong Approach exhibit logically inconsistencies with its policy preferences by requiring parties to take steps to arbitrate (ie the third Lasmos requirement) before the court’s discretion to stay insolvency proceedings is triggered, the English Approach is overly restrictive with excessive emphasis on the doctrinal mechanism of insolvency law. Accordingly, this article shows preference for the Singaporean Approach, which strikes a fair balance in integrating the policy and doctrinal concerns in relation to arbitration law in the insolvency context, as the basis for Hong Kong’s legal reform. This article concludes by suggesting that the court’s discretion to stay insolvency petitions should generally be exercised unless in so doing an abuse of process would be resulted. Meanwhile, it would be best practice for the parties to spell out in the arbitration clause whether they intend the clause to cover insolvency proceedings in any event.

Michael Cheung and Anne Cheung on The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong (HKLJ)

"The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong"
Michael MK Cheung and Anne SY Cheung
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.341 - 371

Abstract: The principle of equal authenticity seeks to give equal status to Chinese and English legislative texts in Hong Kong. However, challenges arise due to discrepancies between the languages, leading to criticisms of this principle as a legal fiction. Are Hong Kong judges able to maintain equal authority for both language versions of the law? A study of Hong Kong court judgments on s 10B of the Interpretation and General Clauses Ordinance since 1987 finds that while the courts were able to reconcile the two language versions in the majority of cases, the English text was often prioritized in cases of irreconcilable differences since it was enacted first in time. Notably, the Court of Final Appeal’s decision in HKSAR v Chan Chun Kit affirmed this practice, impacting equal authenticity, the rule of law and fairness. The authors propose to repeal and re-enact all authenticated Chinese provisions, or those problematic provisions denounced by the court. At the very least, the public should be alerted that they are reading subsequently authenticated translated texts. Addressing these issues is vital for maintaining the integrity and clarity of legal interpretations in bilingual jurisdictions such as Hong Kong.

The paper is also available on SSRN, please click here.

Book review of Tort Law and Practice in Hong Kong by Craig Purshouse (HKLJ)

"Bokhary, Witzleb and Srivastava (eds), Tort Law and Practice in Hong Kong"
Craig Purshouse
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.401 - 403

Introduction: For the latest edition of this leading reference work, the Honourable Mr Justice Kemal Bokhary NPJ remains as editor-in-chief and is joined by two new general editors: Prof Normann Witzleb of the Chinese University of Hong Kong and Dr Neerav Srivastava of Deakin University (replacing Mr Neville Sarony KC, SC and Prof Dhirendra Srivastava). This formidable team is to be congratulated for assembling a line-up of talented academics and practitioners to produce a comprehensive and erudite account of tort law in Hong Kong.