E-book of HKU Law Conference on Experiential Learning and Innovations in Legal Education

The Conference on Experiential Learning and Innovations in Legal Education 2019 was a major teaching and learning conference held at the University of Hong Kong from 18-19 October 2019 as part of the HKU Law's golden jubilee celebrations.  The edited transcripts of the conference proceedings are now available for download from the conference website. They can be accessed here and below.  

Session 1 & 2 – Clinical Legal Education
If you build it, will they come? Innovation and Sustainability in Clinical Legal Education
by Professor Jeff Giddings, Monash University
Current and Future Challenges for Clinical Legal Education
by Professor Peter Joy, Washington University
Experiential Learning in China: A Case Study of Clinical Legal Education
by Dr Pan Xuanming, Sun Yat-sen University
The CLE Programme at HKU: Any room for an Inter-professional Approach?
by Ms Julienne Jen, The University of Hong Kong
Strathclyde Law Clinic: Plugging the Gaps in Access to Justice in Our Community
by Ms Kathleen Laverty, University of Strathclyde Law Clinic
Professionalism in an Age of Dynamic Change? Teaching New Skills via Clinical Legal Education
by Professor Tania Leiman, Flinders University
Advancing Human Rights through Experiential Learning
by Ms Lindsay Ernst, The University of Hong Kong

Session 3 – Simulations in Legal Education
‘Complicitous and Contestatory’: The Hermeneutics of Legal Education and Our Sisyphean Future
by Professor Paul Maharg, York University
Legal Design & Laboratory Models as Next-Gen Experiential Legal Education
by Mr Dan Jackson, NuLawLab, Northeastern University
Online Simulations and Inclusivity – Troubling “Authenticity” in Online Practice-Based Legal Education
by Dr Kristoffer Greaves, UNSW
Simulated Clients are “Live” Clients too! Integrating Standardized Clients into Law Clinic at HKU
by Mr Wilson Chow & Dr Michael Ng, The University of Hong Kong

Session 4 – Technology and Innovations in Legal Education
New Technologies and the Disruption of Legal Education
by Professor Daniel Rodriguez, Northwestern University
中國內地法學實驗教學活動的回顧與展望
by Professor Yang Jianguang, Sun Yat-sen University
The Integration of Technology into Clinical Legal Education: An Exploration of the ‘Virtual’ Law Clinic
by Ms Francine Ryan, The Open University
Using Technology and the Media to Cultivate Authentic Problem-solving Skills in Undergraduate Law Students
by Professor Rick Glofcheski, The University of Hong Kong
LITE Lab@HKU – Future Lawyering to Serve Hong Kong’s Tech Startups, Social Entrepreneurs and Access to Justice
by Mr Brian W Tang, The University of Hong Kong

Session 5 – Experiential Learning and Innovations in Professional Education
An International, Interdisciplinary, Innovative Discussion Platform for Real Estate & Legal Education in HK
by Ms Alice Lee & Dr L H Li, The University of Hong Kong
Experiential Learning and Innovations in Professional Education – Interdisciplinary Roundtable (Li Ka Shing Faculty of Medicine)
by Professor C S Lau, The University of Hong Kong
Experiential Learning and Innovations in Professional Education – Social Work Practice Laboratory
by Dr Elsie Chien, The University of Hong Kong
Experiential Learning and Innovations in Professional Education – Interdisciplinary Roundtable (Faculty of Education)
by Dr Gary Harfitt & Ms Jessie Chow, The University of Hong Kong
Experiential Learning and Innovations in Professional Education – Interdisciplinary Roundtable (Faculty of Dentistry)
by Professor Michael Botelho, The University of Hong Kong

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

HONG KONG LAW JOURNAL

Vol. 50, Part 1 of 2020

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

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

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

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

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

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

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

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

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

Articles

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

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

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

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

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

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

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

China Law 

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

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

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

Book Review
Transparency Challenges Facing China     Michael Dowdle…343

RTHK and HKU Law Faculty Co-Produce “A Legal Journey” (6-episode TV docudrama in English and Cantonese)

The rule of law is a core value of Hong Kong as well as a cornerstone of the city’s prosperity. To uphold this value and safeguard our system, the Faculty of Law has nurtured not only members of the legal profession but also committed community leaders. Through the 6-episode TV docudrama “A Legal Journey” (現身說法), co-produced by RTHK and the Faculty of Law as one of its 50th Anniversary celebration activities, let us trace the journey of local legal education in the past five decades and how it contributes to the legal system and the rule of law in Hong Kong when meeting the challenges of a rapidly changing environment.

 

To mark the occasion, a Premiere of the programme was held at JC Cube, Tai Kwun on 11 March 2019, which was attended by Professor Xiang Zhang, President and Vice Chancellor of the University, representatives from RTHK, members of the profession, many friends and alumni, staff members and students.  “A Legal Journey” was first aired from March 24 to April 28 on RTHK31 and also on TVB Jade from March 27 for six consecutive weeks.  To view all the episodes recorded in Cantonese, click here. The English version was aired from 15 August 2019 on RTHK31 and can be viewed here.  See also the HKU Law 50th Anniversary website.

HKU Law 50th Anniversary Lectures

Professor Scott Veitch, “Sapientia et Virtus – The Contributions of Jurisprudence”

4 Oct 2018. Jurisprudence is the study of law and legal institutions in their social, philosophical, and historical contexts. This lecture is an anniversary celebration of five decades of jurisprudential reflection, engaging with old and new questions that confront lawyers, judges, and citizens. It discusses thinkers familiar to generations of law students such as Hart, Fuller, and Dworkin as well as survey more recent developments in order to address topics of wider contemporary relevance. Professor Veitch holds the Paul KC Chung Professorship in Jurisprudence. Click here to watch the lecture.

Professor Douglas Arner, "Digital Financial Transfromation – Finance, Technology and Regulation"
22 Nov 2018. Over the past decade, technology has transformed finance more rapidly than ever before. This transformation brings with it new regulatory challenges. What factors underlie digital financial transformation? This presentation presents a strategy for developing an ecosystem to support digital financial and economic transformation, based on an analysis of experiences around the world over the past decade. Professor Arner holds the Kerry Holdings Professorship in Law.  Click here to watch the lecture.

Professor Albert Chen, "Five Decades of Constitutional Change in Hong Kong and East Asia: A Macro-historical Perspective"

15 Mar 2019. Inspired by the edited volume The Law in Hong Kong 1969-1989 published in celebration of the 20th anniversary of the law school at HKU, this lecture commemorates its 50th anniversary by reviewing constitutional developments in Hong Kong and its neighbouring Asian jurisdictions in 1969-2019.  Professor Chen holds the Cheng Chan Lan Yue Professorship in Constitutional Law.  Click here to watch the lecture.