HKU Legal Scholarship Blog
Follow the research activities and scholarship of the Faculty of Law, The University of Hong Kong
Friday, November 1, 2024
Congratulations to Professor Cora Chan!
Wednesday, October 30, 2024
Trevor Wan on Unshackling from Shadows of the Anisminic Orthodoxy: Reconceptualising Approaches to Ouster Clauses in Hong Kong (AsJCL)
Trevor Wan
Asian Journal of Comparative Law, First View, pp. 1 - 27
Published online: October 2024
Monday, October 28, 2024
Congratulations to Professor Michael Ng!
Saturday, October 26, 2024
HKU Law’s Inaugural ASEAN Academic Fellow Lecture
Speaker: Dr. Sao Socheata
Date: 31 October 2024
Time: 1:00pm – 2:00pm
Venue: Room 824, 8/F, Cheng Yu Tung Tower, Centennial Campus, HKU
Moderator: Prof. Shahla Ali
For Registration, please click here.
About the Speaker:
Friday, October 25, 2024
Edward Lui on A limited case for the closed material procedure: natural justice, open justice and the clear advantage variation (Legal Studies)
"A limited case for the closed material procedure: natural justice, open justice and the clear advantage variation"
Edward Lui
Legal Studies
Published online: October 2024
Wednesday, October 23, 2024
Daisy Cheung on The fatal shooting of a man with mental illness shows Hong Kong police need a better response to such crises (HKFP)
"The fatal shooting of a man with mental illness shows Hong Kong police need a better response to such crises"
Daisy Cheung
Hong Kong Free Press
Published online: October 2024
The recent incident in North Point involving the death of a man with mental disorder at the hands of police responding to an emergency at his home is tragic, but unfortunately not uncommon worldwide.
In jurisdictions all over the world, police often act as first responders in cases involving mental health crises, even though in most cases they severely lack training on how best to support such individuals. A quick search reveals the names of countless vulnerable individuals who met untimely deaths due to interactions with police over just the past year.
As the number of such deaths increase, places around the world are beginning to take a long, hard look at the suitability of police involvement in situations involving people with a mental disability.
Many countries are calling for police reform, and in some cases, even the police themselves have concluded that they may not always be the most appropriate responders, since their presence may be an “escalating factor” itself.
What lessons can Hong Kong learn from the experiences of these countries? First, the issue of police inadequacy in the face of mental health crises must be recognised and squarely confronted, rather than swept under the rug as merely another incident where the fatality was unfortunate, but the use of force justifiable in the circumstances.
Concerns about how police in Hong Kong deal with people with mental disability are not new. In 2015, an autistic individual was wrongfully charged with manslaughter......(Please click here to view full text.)
Monday, October 21, 2024
Yi Tang on General Public Policy Exceptions in International Investment Agreements (IIAs): Opportunities and Challenges in Times of Global Health Crisis (AJWH)
"General Public Policy Exceptions in International Investment Agreements (IIAs): Opportunities and Challenges in Times of Global Health Crisis"
Yi Tang (PhD Candidate)
Asian Journal of WTO & International Health Law and Policy
Published online: Oct 2024
Monday, October 14, 2024
New Issue of Hong Kong Law Journal (Vol. 54, Part 2 of 2024)
Vol. 54, Part 2 of 2024
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)
Kemal Bokhary
Hong Kong Law Journal, Vol. 54, Part 2 of 2024, pp.307 - 313
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
Wednesday, October 9, 2024
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)
Monday, October 7, 2024
New book by Anupama Sharma: Implementation of Rights for Crime Victims in Theory and Practice Lessons from India
Anupama Sharma (PhD graduate)
Routledge
Published in September 2024
224 pp.
Friday, October 4, 2024
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.
Wednesday, October 2, 2024
Weixia Gu became the first Chinese scholar to be appointed to the Academic Council (AC) of the Institute for Transnational Arbitration (ITA)
Weixia Gu and Robin Hui Huang on China’s recognition and enforcement of foreign securities judgments against overseas-listed Chinese companies (OUP)
Robin Hui Huang, Weixia Gu
Journal of International Economic Law, Volume 26, Issue 3, September 2023, Pages 577–594
Published online: 26 May 2023
Monday, September 30, 2024
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.
Wednesday, September 25, 2024
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
Monday, September 23, 2024
Ziying LIANG awarded the HKU Foundation First Year Excellent PhD Award 2023/24 (Interview with Ziying LIANG)
1. What is the topic of your study?
2. What have been your main achievements?
3. How do you feel about receiving this award?
Friday, September 20, 2024
Peter Chau on The Comparative Account of Tort Reparation (Ratio Juris)
Peter Chau
Ratio Juris
Published online: August 2024
Wednesday, September 18, 2024
New Issue of Asia-Pacific Journal on Human Rights and the Law (Volume 25, Issue 2, August 2024)
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
Author: Aman Kumar Sharma and Saroj Bohra
Online Publication Date: 16 Aug 2024Pages: 153–172
Author: Mohd Munzil Muhamad, Wong Hua Siong, and Baraneetharan Kishur Kumar
Online Publication Date: 16 Aug 2024Pages: 173–190
Remoulding Coroner’s Inquests in Hong Kong through the Right to Life
Author: Trevor T. W. Wan
Online Publication Date: 16 Aug 2024Pages: 191–214