Felix Chan and Chan Wai Sum on Revising the Amount of Statutory Bereavement Awards in Singapore (SJLS)

"On Revising the Amount of Statutory Bereavement Awards in Singapore"
Felix Chan, Chan Wai Sum
Singapore Journal of Legal Studies, September 2023, pp.481-489
Published online: September 2023

Abstract: This comment reviews the amount of damages for bereavement under the Civil Law Act 1909 in Singapore. It is argued that the current award is inappropriately low and needs to be increased. The statutory amount of bereavement damages should be reviewed periodically, taking inflation and changing economic conditions into consideration.

Felix Chan et al on Bringing legal knowledge to the public by constructing a legal question bank using large-scale pre-trained language model (Artificial Intelligence and Law)

"Bringing legal knowledge to the public by constructing a legal question bank using large-scale pre-trained language model"
Mingruo Yuan, Ben Kao, Tien-Hsuan Wu, Michael Cheung, Henry Chan, Anne Cheung, Felix Chan, Yongxi Chen
Artificial Intelligence and Law
Published online: July 2023

Abstract: Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson’s terms. Second, we construct a Legal Question Bank, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender. Given a user’s verbal description of a legal situation that requires a legal solution, CRec interprets the user’s input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public.

Semantic Search and Summarization of Judgments Using Topic Modeling - Case Study of HKLII (new book chapter)

"Semantic Search and Summarization of Judgments Using Topic Modeling"
Tien-Hsuan Wu, Ben Kao, Felix Chan, Anne SY Cheung, Michael MK Cheung, Guowen Yuan, Yongxi Chen
in Erich Schweighofer (ed), Legal Knowledge and Information Systems (IOS Press Ebooks 2021) pp 100-106

Abstract: Online legal document libraries, such as WorldLII, are indispensable tools for legal professionals to conduct legal research. We study how topic modeling techniques can be applied to such platforms to facilitate searching of court judgments. Specifically, we improve search effectiveness by matching judgments to queries at semantics level rather than at keyword level. Also, we design a system that summarizes a retrieved judgment by highlighting a small number of paragraphs that are semantically most relevant to the user query. This summary serves two purposes: (1) It explains to the user why the machine finds the retrieved judgment relevant to the user’s query, and (2) it helps the user quickly grasp the most salient points of the judgment, which significantly reduces the amount of time needed by the user to go through the returned search results. We further enhance our system by integrating domain knowledge provided by legal experts. The knowledge includes the features and aspects that are most important for a given category of judgments. Users can then view a judgement’s summary focusing on particular aspects only. We illustrate the effectiveness of our techniques with a user evaluation experiment on the HKLII platform. The results show that our methods are highly effective.  The chapter is open access and can be accessed here.

Dr Felix Chan et al on How Much Is a Leg Worth in Hong Kong? Proposal for Reforming Personal Injury Compensation (HKLJ)

"How Much Is a Leg Worth in Hong Kong? Proposal for Reforming Personal Injury Compensation"
Felix WH Chan, Wai Sum Chan and Johnny SH Li

Hong Kong Law Journal

2020, Vol. 50, Part 3 of 2020, pp. 983-1004

Abstract: This article examines the rationale for and effectiveness of compensation awarded for pecuniary and non-pecuniary loss in Hong Kong personal injury disputes. Special consideration is given to the assessment of damages for pain, suffering and loss of amenity (PSLA). In addition, the potential use of structured settlements or periodic payment orders (PPOs) as a substitute for (or together with) lump-sum awards is explored. The primary sources of data are the full texts of judgments issued in personal injury cases by the Hong Kong judiciary since 1976. In catastrophic personal injury cases, lump-sum awards hinge on estimates of the claimants' life expectancy and investment returns adjusted for inflation. However, claimants may exhaust their funds by exceeding their projected life expectancy or receiving lower-than-expected investment returns. PPOs provide for regular payments over a claimant's lifetime, adjusted annually based on an inflation index. Reforms focused on PSLA and the use of PPO are recommended.

New Book by Dr Felix Chan et al: Personal Injury Tables Singapore 2021 (Sweet and Maxwell)

Personal Injury Tables Singapore 2021
Dr Wai-sum Chan, 

Dr Felix W.H. Chan, and Dr Johnny S.H. Li
Sweet and Maxwell
Published in March 2021

Book Description: This book contains actuarial tables for use in personal injury and fatal accident cases in Singapore. The value of these tables lies in the scientific basis upon which loss is estimated, and using them is akin to having expert witness evidence to guide the court in its decision.

Key features

• Essential reference information to assist lawyers in determining appropriate compensation levels for losses suffered through personal injury and fatal accident cases.
• Actuarial tables are based on various Life Tables for Singapore Resident Population 1980–2018, published by the Singapore Department of Statistics.
• Clear explanatory notes guide users on the proper and effective use of the tables.
• Adopts life expectancy figures and tables that reflect the proper and true value of money.
• Applies the methodology used in constructing the UK Ogden Tables in the context of unique local circumstances.

New Issue of Hong Kong Law Journal (Vol. 50 - Celebrating 50 Years of Legal Scholarship, Part 3 of 2020)

HONG KONG LAW JOURNAL

Vol. 50, Part 3 of 2020

Editor-in-Chief: Professor Rick Glofcheski

Associate Editor: Professor Albert Chen

Publisher: Sweet & Maxwell

TABLE OF CONTENTS

Analysis

Gay Rights in Hong Kong after Infinger v Hong Kong Housing Authority: A Step Backwards in Principle but a Step Forward in Practice? Kai Yeung Wong ... 831

Claiming Wrongful Diagnosis under the Mental Health Ordinance: The Impossibility of Building a Reasonably Arguable Case Urania Chiu and Daisy Cheung ... 837

Pecuniary Penalties for Anti-Competitive Conduct: Absolutely Deterrent? Alex C.H. Yeung and Joshua Yeung ... 851

The Singapore Convention: Is This the New York Convention for Mediation? Suraj Sajani ... 863

Hong Kong Law Journal: A Citation Analysis Antonia CH Yiu ... 877

Articles

Threats to Hong Kong's Autonomy from the NPC's Standing Committee: The Role of Courts and the Basic Structure Doctrine Surya Deva ... 901

Is Hong Kong's Riot Law "Respectable"? Margaret Ng, Jason Ko and Kin Lau ... 935

Lawful Traditional Right and Sustainability: An Unbalanced Interest in the Customary Ding Right in Hong Kong? Say H Goo and Heather Lee ... 961

How Much Is a Leg Worth in Hong Kong? Proposal for Reforming Personal Injury Compensation Felix WH Chan, Wai Sum Chan and Johnny SH Li ... 983

Re-examining the World Bank's Doing Business Report in the Light of its Pro-deregulation Bias Miriam Anozie, Festus Ukwueze, Louis Enu-Tampie, Benjamin Mukoro, Uju Beatrice Obuka, Obinne Oguejiofor and Ndubuisi Nwafor ... 1005

Treatment Standards of State-Owned Enterprises as Public Entities: A Clash or Convergence across International Economic Laws? Bin Gu and Chengjin Xu ... 1025

Shareholder Control in the Context of Corporate Social Responsibility: A Fundamental Challenge to the Modern Corporation Min Yan ... 1057

China Law

Pre-empting Court–Civil Society Synergy: How China Balances Judicial Autonomy and Legal Activism Yueduan Wang ... 1081

The Change of Government's Role in Reorganisation of Listed Companies in China: A Contrast of the Empirical Evidence in the Periods Between 2007–2013 and 2013–2019 Huimiao Zhao and Wei Cai ... 1107

Legal Personality and the Evolution of the Rule of "Debts-Follow-Assets" in China: Complicating the Theory of Interest Group James Si Zeng ... 1133

Compelling Filial Support: The Experience of the Elderly Law in China's Courts Luxue Yu ... 1155

Chinese Characteristics and Universalist Insolvency Ideals Chuyi Wei, Gerard McCormack and Xian Huang ... 1183

Book Review Law

Criminal Appeals in Hong Kong Amanda Whitfort ... 1215

Felix Chan et al on a Bayesian Approach to Developing a Stochastic Mortality Model for China (Journal of the Royal Statistical Society (Statistics in Society – Series A))

“A Bayesian Approach to Developing a Stochastic Mortality Model for China”

Johnny Siu-Hang Li, Kenneth Q Zhou, Xiaobai Zhu, Wai-Sum Chan and Felix WH Chan

Journal of the Royal Statistical Society (Statistics in Society – Series A)

2019, Vol 182, Issue 4, pp 1523–1560

Summary: Stochastic mortality models have a wide range of applications. For instance, in Hong Kong and England, multipliers used in the assessment of personal injury compensation are calculated using mortality rates from the most recent projections. However, owing to data-related problems, stochastic modelling of mainland Chinese mortality has not been given adequate attention. Stochastic mortality models are particularly important for analysing Chinese mortality, which is subject to rapid and uncertain changes. In this paper, we attempt to use a Bayesian approach to model the evolution of Chinese mortality over time, taking into account all of the problems associated with the data set. 

RGC Awards $4.6 Million in Research Funding to HKU Law 2019/20

Congratulations to our 8 colleagues who were successful in the 2019-2020 round of research grant funding by Hong Kong's Research Grants Council (RGC).  For the first time, two colleagues (Johannes Chan and Frank He) were successful in obtaining the Humanities and Social Sciences Prestigious Fellowship (HSSPF), which provides recipients with the time and funding to pursue research in place of teaching and administrative duties over the course of 12 months.  Five General Research Fund (GRF) projects were funded to study money laundering offending in Hong Kong, law reform implications of disruptive technologies for finance, enforcement of the arbitral awards under the Belt and Road Initiative, elites and judicial power in the age of populism, and the establishment of British admiralty law in Hong Kong 1861 to 1943.  An Early Career Scheme (ECS) project was funded to study political community and the legal status of established states.  The details of the new funded projects are as follows:

HSSPF

• Johannes Chan, Constitutional Review and Judicial Independence underOne Country, Two Systems: Convergence or Divergence?, $508,949
• Frank He, Gendered Divorce Litigation in China, $494,000

GRF

• Simon Young, An Empirical Study of Money Laundering Offending in Hong Kong, $719,984
• Giuliano Castellano, Creating Credit: Law Reforms, Policy Tensions, and Disruptive Technologies, $686,476
• Weixia Gu, Enforcement of Arbitral Awards under the Belt and Road Initiative (BRI): Regional Harmonization of the Public Policy in Context of the BRI Asia, $449,000
• Alex Schwartz, Court Curbing: Elites and Judicial Power in the Age of Populism, $685,320
• Felix Chan, The Establishment and Administration of British Admiralty law in Hong Kong and Other Treaty Ports under the Treaty of Nanking: 1861-1943, $574,000

ECS

• Alex Green, Political Community and the Legal Status of Established States, $455,520

New Book: Personal Injury Tables Hong Kong 2019: Tables for the Calculation of Damages, 5th edn ("Chan Tables")

Personal Injury Tables Hong Kong 2019: Tables for the Calculation of Damages, 5th edn

Neville Sarony, Wai-sum Chan, Felix W H Chan, Johnny S H Li

Sweet and Maxwell,
April 2019

Description: Continually cited in Hong Kong Courts as the “Chan Tables”, they are the authoritative and court-approved tables and provide the definitive starting point for all calculations for personal injury compensation claims in Hong Kong.

“I agree that the Chan Tables should be accepted as the starting point in Hong Kong…” 

  Justice Bharwaney, Chan Pak Ting (No.1) [2012] 1 HKCFI 1584; [2013] 1 HKLRD 643

Personal Injury Tables Hong Kong 2019 updates and revises the essential reference information for calculating damages in personal injury and fatal accident cases. The 2019 edition has been fully updated to take into account revised Hong Kong mortality projections by the Census and Statistics Department (Hong Kong Life Tables 2018-2066 and Hong Kong Population Projections 2017–2066), under which there is an increase in life expectancy. 

     Evaluating damages is no longer a time-consuming and challenging task. Its comprehensive contents include Hong Kong actuarial tables for the calculation of: 

• Inflationary rates for adjusting PSLA
• Wage statistics
• Retail price indices

“The quantification of damages in personal injury cases is not an exact science. Indeed Lord Bridge observed that it will never be so, and explained how the common law courts have been “traditionally mistrustful of reliance on actuarial tables”: Hunt v Severs [1994] 2 AC 350, 365. Lord Pearson placed more trust in the experience of practitioners and judges than relying on tables, as otherwise there would be “a false appearance of accuracy and precision in a sphere where conjectural estimates have to play a large part”: Taylor v O ‘Connor [1971] AC 115, 140. 

These days of judicial skepticism against mathematics and actuarial science are bygone.  It is now clear that our very own Chan Tables, much like the Ogden Tables in England, have become an indispensable part and the starting point of our law in this area (Chan Pak Ting v Chan Chi Kuen [2013] 1 HKLRD 634, [32]), and rightly so. As required by modern standards of civil justice, Hong Kong law now demands greater consistency, predictability, and efficiency in all types of cases. This need is particularly felt in personal injuries cases by reason of their very nature. Tables like the present publication assist greatly in achieving this goal. 

It is noteworthy that the Law Reform Commission’s recent consultation on periodical payments for future pecuniary loss could ultimately lead to some interesting changes in this area of law, and, perhaps, the role and the complexity of the future editions of this work. 

Whatever murky waters that may lie ahead, the general editor and the contributors should be congratulated again for their arduous work thus far, and their efforts to keep this valuable work up to date and relevant for practitioners and the courts alike.” 

  Andrew Cheung, Permanent Judge of the Court of Final Appeal, February 2019

About the Authors: Felix W H Chan is an associate professor in the Faculty of Law, the University of Hong Kong. Neville Sarony QC, SC is a respected and experienced personal injury practitioner in Hong Kong. Wai-Sum Chan is a Professor of Finance at the Chinese University of Hong Kong. Johnny SH Li is a Professor of Actuarial Studies at the University of Melbourne, Australia, and a Professor of Actuarial Science at the University of Waterloo, Canada.

HKU Law Students Excel in Mooting Competitions (Maritime Law and Competition Law)

L-R: A Fung, J Ma, K Lee, F Chan,
R Cheung

The 19th International Maritime Law Arbitration Moot 

Competing against 29 universities from 14 overseas jurisdictions, the HKU Maritime Law Moot Team was awarded the 1st Runner-Up of the Oral Hearings held in Brisbane, Australia from 29 June to 3 July 2018. The 2018 Maritime Law Moot Team consisted of Alex Fung (PCLL), Justin Ma (PCLL), Ferrida Chan (BBA-Law) and Ryan Cheung (LLB), coached by Mr. Ken Lee. 

L-R: K Lee, R Cheung, A Fung, J Ma,
F Chan

    During the group stages, the Team came in 6th overall and later defeated both the National University of Singapore and University of Malaya to advance into the grand finals held in the Federal Court of Australia in Brisbane. Our heartfelt thanks go to Professor Anselmo Reyes, Dr Felix Chan, Mr. Winky So and the previous award-winning team for their comments in various practice sessions; and Mr. Ken Lee, our team coach, for his unwavering support throughout the year. 

HKU Competition Law Team Captured Best Written Pleadings Award 

The HKU Competition Law Team won the Best Written Pleadings Award for the written round on route to the semi-finals of the annual Herbert Smith Freehills Competition Law Moot from 15 to 16 June 2018. Guided by Mr. Thomas Cheng and Mr. Kelvin Kwok, the 2018 Competition Law Moot Team comprised of 4 PCLL students –Yuet Yi Cheng, Law Wai Tsun Hazel, Ng Chun Wai Jonathan and Karen Tsang Nga Yue. The Team advanced to the oral rounds hosted by King’s College London based on the strength of its written memorandum. 

L-R: J Ng, H Law, T Cheng, YY Chen,
K Tsang

     After winning all its moots in the preliminary stage with Wai Tsun Hazel capturing an oralist award, the Team subsequently lost in the semi-finals to KCL which was ultimately the winner of this year’s competition. The Faculty is grateful for the valuable support from team coaches Thomas Cheng and Kelvin Kwok and various practitioners and ex-mooters including Mr. Sunny Chan, Ms. Tiffany Chan, Ms. Jasmine Cheung, Mr. Tommy Cheung, Mr. Byron Chiu, Mr. Joshua Kanjanapas, Mr. Kevin Lau, Mr. Joe Lee, Ms. Rosa Lee, Ms. Allison Wong, and Ms. Stephanie Wong for their kind assistance. 

Felix Chan on Enforcing Inconsistent Foreign Judgments (J Int'l Maritime L)

"Inconsistent Foreign Judgments on Exclusivity of Jurisdiction: Comity and Judicial Deference"
Felix Chan
The Journal of International Maritime Law 
2017, published, Vol.32, Issue 2, pp 91-95
Abstract: A domestic common law court is faced with an application to enforce a judgment issued by foreign court X. However, the judgment issued by court X is apparently inconsistent with another judgment previously rendered by foreign court Y. In addition, the action of court X in issuing the judgment may involve a breach of comity towards court Y. What should the domestic enforcing court do? What factors should the enforcing court consider when deciding whether the enforcement of the judgment rendered by court X is contrary to public policy on grounds of comity? In CompaniaSud Americana De Vapores SA v Hin-Pro International Logistics Ltd [2016] HKCFA 79, Lord Phillips of Worth Matravers sitting in the Hong Kong Court of Final Appeal articulated important principles and guidelines in these areas of private international law and the doctrine of comity. He identified the key factors the enforcing court should consider when evaluating whether the enforcement of a judgment rendered by foreign court X is contrary to public policy on grounds of comity, and whether the judgment of court X is in conflict with another judgment previously issued by foreign court Y on the same issue. Several aspects of Lord Phillips’ reasoning warrant further discussion and elucidation. 

Felix Chan Comments on PST Energy 7 Shipping LLC v OW Bunker Malta LImited [2016] UKSC 23 (Int'l Comp Comm L Rev)

"Rights to consume bunkers before payment: neither as a bailee nor as an owner"
Felix WH Chan
International Company and Commercial Law Review
2017, Vol. 28, Issue 3, pp 104-106

Abstract: In PST Energy 7 Shipping LLC and another v O W Bunker Malta Limited and another [2016] UKSC 23, the Supreme Court was called upon to determine whether the contract for the supply of bunkers was a contract of sale of goods between the bunker supplier and the shipowners under s. 2 of the Sale of Goods Act. Despite all the hallmarks of being a contract of sale of goods, the Supreme Court concluded that the agreement was not a contract of sale of goods. The implications behind the reasoning of the “nanosecond” argument are examined.  Contact the author for a copy of the comment.

Felix Chan Presents at the 9th East Asia Maritime Law Forum in Korea

Felix Chan attended the 9th East Asia Maritime Law Forum in South Korea on 11-12 November 2016. He presented a paper on the principles of English private international law relating to maritime contracts, while Professor Yvonne Baatz of Southampton Law School discussed the possible impact of Brexit on the EU conflict of laws. Other speakers from Waseda University, Kyushu University, Korea University, Dalian Maritime University and Shanghai Maritime University surveyed a range of topics regarding shipping, conflict of laws and admiralty jurisdictions. The forum was co-hosted by Korea University, Korea Maritime Law Association and the Incheon Port Authority of the South Korean Government.

Felix Chan on Assessing Personal Injury Liabilities in China (Asian J L & Eco)

"Assessing Personal Injury Liabilities in China from National to Provincial Level: An International Comparative Analysis"

Felix WH Chan, Wai-Sum Chan, and Johnny SH Li

Asian Journal of Law and Economics,  (2017) Volume 8, Issue 2, p.1-20

Abstract: In a tort-based legal system, when a party is injured as a consequence of another party’s negligence, the party should be provided with sufficient compensation so that he or she may live as fulfilling a life as possible after the injury. The moral objective underlying this supposition is intuitively appealing. It is not surprising, therefore, that this jurisprudential notion is favourably regarded and widely applied in various common law and civilian jurisdictions, despite differences in tradition and culture. Nonetheless, although the two bodies of law share a similar objective in this respect, there are a number of differences in the substantive content of the law and the configuration of the rules. The present authors argue, and provide empirical evidence to support, that there are signs of convergence as both legal systems are in fact applying the same multiplicand-multiplier approach in assessing the quantum of damages. Case studies in mainland China (concerning civil law) and in the United Kingdom and Hong Kong (regarding common law) are adopted as the research methodology to explore the broader implications of this convergence.

RGC Awards $4 Million in Research Grant Funding to HKU Faculty of Law

The Research Grants Council awarded more than $4 million in funding to seven of the Faculty of Law's General Research Fund projects 2016-2017.  The projects cover a wide range of topics: director and shareholder accountability, competition law, cyberbullying and privacy, med-arb in China, trusts for mentally incapacitated persons, personal injury compensation reform, and regulation of trade in endangered wild animals.  Congratulations to the following colleagues:

• Ernest Lim, Rethinking Directorial and Shareholder Accountability, $352,500.
• Kelvin Kwok (with Thomas Cheng as Co-I), Buyer Power under Competition Law: A Theoretical Examination and a Case Study of Hong Kong, $508,496.
• Anne Cheung, Tackling Cyberbullying by Enhancing Privacy Protection: A Comparative and an Interdisciplinary Study, $1,072,190.
• Gu Weixia (with Anselmo Reyes as Co-I), When Local Meets International: The Delicate Art of Med-Arb in China and Its Prospective Reform in a Comparative Context in Asia, $460,000.
• Rebecca Lee (with Lusina Ho as Co-I), Special Needs Trusts for Mentally Incapacitated Persons in Hong Kong: A Proposed Framework, $825,800.
• Felix Chan, Further Reforms in Hong Kong’s Personal Injury Compensation: An Inquisitive Perspective, $590,500. 
• Amanda Whitfort,  A Comparative Evaluation of Hong Kong's Legislative Powers to Regulate Trade in Endangered Wild Animals, $370,500.

New Book: Personal Injury Tables Hong Kong 2016 (Sweet & Maxwell)

Personal Injury Tables Hong Kong 2016: Tables for the Calculation of Damages, 4th edn

Neville Sarony, Wai-sum Chan, Felix WH Chan, Johnny SH Li

Sweet and Maxwell, April 2016

Description: Continually cited in Hong Kong Courts as the “Chan Tables”, Personal Injury Tables Hong Kong 2016 updates and revises the essential reference information for calculating damages in personal injury and fatal accident cases. The 2016 edition has been fully updated to take into account revised Hong Kong mortality projections by the Census and Statistics Department (Hong Kong Population Projections 2015–2064), under which there is an increase in life expectancy. Evaluating damages is no longer a time-consuming and challenging task. Its comprehensive contents include Hong Kong actuarial tables for the calculation of: 

• Inflationary rates for adjusting PSLA
• Wage statistics
• Retail price indices

“The law, like life, moves on. Fresh developments occur. With them, there arise new needs to be met. So the tools by which justice according to law is delivered effectively must be kept in good repair, and upgraded from time to time. That is why the latest edition of this publication has been brought out. This edition will, I am fully confident, continue to provide the valuable service rendered by the previous one. It is the product of a lot of hard work on the part of many persons. Readers will doubtless wish to join me in thanking them one and all.” 

      Kemal Bokhary, Non-Permanent Judge of the Court of Final Appeal, March 2016

About the Authors: Felix W H Chan is an associate professor in the Faculty of Law, the University of Hong Kong. Neville Sarony QC, SC is a respected and experienced personal injury practitioner in Hong Kong. Wai-Sum Chan is a Professor of Finance at the Chinese University of Hong Kong. Johnny SH Li holds the Fairfax Chair in Risk Management at the University of Waterloo, Canada.

   Click here to order the book. 

Anselmo Reyes and Felix Chan Present at the Third Anglo-Chinese Maritime Law & Practice Conference

Prof Reyes and Dr Chan

The Third Anglo-Chinese Maritime Law & Practice in Transition Conference was held across two days on the 20th and 21st, April 2016 in Southampton University and the UK Supreme Court, London. 

     Professor Anselmo Reyes presented a paper entitled “Cross-border Insolvency in Shipping”, while Dr. Felix Chan spoke on “Anti-suit Injunctions: A Comparative Analysis”.

     Eminent speakers and panel chairs included Sir Bernard Eder (former High Court Judge of England and Wales), Mr. Peter MacDonald Eggers QC (7 King’s Bench Walk), Mr. Michael Davey QC (Quadrant Chambers) and Mr. Richard Lord QC (Brick Court Chambers). Topics examined by the speakers included private international law, carriage of goods, marine insurance, shipping guarantees and cross-border claims.

New Issue: SSRN Legal Studies Research Paper Series (HKU)

Vol. 6, No. 1: 14 April 2016

Table of Contents

1. China's Striking Anti-Corruption Adventure: A Political Journey Towards the Rule of Law?

Fu Hualing, The University of Hong Kong - Faculty of Law

2. Anti‐Suit Injunctions and the Doctrine of Comity

Felix Wai Hon Chan, The University of Hong Kong - Faculty of Law

3. The Evolution of Chinese Property Law: Stick by Stick?

Shitong Qiao, University of Hong Kong Faculty of Law

Felix Chan on Anti-Suit Injunctions and the Doctrine of Comity (MLR)

"Anti-suit Injunctions and the Doctrine of Comity"

Felix WH Chan

Modern Law Review

March 2016, Vol. 79, Issue 2, pp 341-354

Abstract: Hin-Pro International Logistics Limited v CSAV [2015] EWCA Civ 401 is an important case in the areas of anti-suit injunctions, contractual interpretation and private international law. Despite the ambiguities surrounding the jurisdiction clause contained in the bills of lading, the Court of Appeal construed the jurisdiction clause as ‘exclusive’ in the context of a ‘contractual background’, and affirmed the continuation of the anti-suit injunction granted by the Commercial Court. It is argued that the approach of applying the common law principles of contractual interpretation to a bill of lading is questionable. The approach used to apply English private international law is problematic in a number of ways. There are legitimate reasons for concern that the doctrine of comity in English private international law may become undermined as a result. 

New Book: Shipping and Logistics Law: Principles and Practice in Hong Kong, 2nd ed (HKU Press)

Shipping and Logistics Law: Principles and Practice in Hong Kong, 2nd Edition
Felix WH Chan, Jimmy JM Ng, Sik Kwan Tai
HKU Press, October 2015

Description: This book provides a general introduction to the basic principles of shipping and logistics law in Hong Kong. It contains many practical examples and illustrations from case law. Extracts of the relevant legislation and sample shipping documents are annexed in this book for reference. In this second edition, the authors have reformatted some of the materials. The book has been reoriented to concentrate on the parts of the legal framework which are most directly relevant to the logistics and maritime industry of Hong Kong. This new edition takes account of a number of new cases, new international conventions (such as the Rotterdam Rules), and significant changes introduced by legislative amendments since the last edition. 

      The book is intended primarily for students and teachers of transport studies and business logistics management and also provides useful guidance to shipowners, carriers, shipping agents, traders, insurers, bankers, logistics managers, arbitrators, mediators, and lawyers who need to acquire a clear understanding of the key principles in a practical context. 

Felix W H Chan is an associate professor in the Faculty of Law, the University of Hong Kong. 

Jimmy J M Ng is an assistant professor in the Department of Logistics and Maritime Studies, Hong Kong Polytechnic University. 

Sik Kwan Tai is a visiting lecturer in the Department of Logistics and Maritime Studies, Hong Kong Polytechnic University. 

“The material in the book is excellent . . . as a textbook for students and teachers of transport study and business logistics management, as well as a book of general interest to traders, bankers, logistics managers and lawyers.” 

—Mary Thomson, barrister and arbitrator

Click here to order the book.