Gu Weixia on A Conflict of Laws Study in Hong Kong–China Judgment Regionalism: Legal Challenges and Renewed Momentum (Cornell Law School Journal)

"A Conflict of Laws Study in Hong Kong–China Judgment Regionalism: Legal Challenges and Renewed Momentum"

Gu Weixia

Cornell International Law Journal

Winter 2020, Volume 52, Issue 4, pp 591-642

Abstract: With the intensifying economic and social dynamics between Hong Kong and Mainland China since the handover in 1997, a comprehensive and effective cross-border judgment recognition and enforcement mechanism is imperative in order for Hong Kong to reinforce its role as a dispute resolution center in the perspective of judgments, in the context of the Belt and Road Initiative, and in the Greater Bay Area. This Article examines in detail the achievements and inadequacies in the current Hong Kong statutory and common law regimes, particularly the Mainland Judgment (Reciprocal Enforcement) Ordinance (Cap. 597), and reveals their tensions and inconsistencies with Mainland regimes and the 2005 Hague Convention on Choice of Court Agreements. Then, the Article provides an exhaustive statistical analysis on cases involving the MJO and explains the evolution to a more pro-enforcement judicial approach towards Mainland judgments in Hong Kong recently. It concludes by looking at the breakthroughs and outstanding issues of the new 2019 Arrangement between Hong Kong and the Mainland, as well as the prospects of Hong Kong in acceding to the 2005 and 2019 Hague Conventions and developing an interregional judgment recognition and enforcement framework. Click here to download the full article.

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. 

HKU Class of 2015 Graduates (Law PhD, SJD and MPhil)

Congratulations to our 7 PhD, 4 SJD and 1 MPhil graduates who will have their degrees conferred upon them at the 194th Congregation on 3 December 2015 at the University of Hong Kong. The newest members of our RPG alumnae family include the following:

1. Dr. Man Ho AU (PhD). Rethinking access regulation from the transaction cost economics perspectives : a comparative analysis of the legal and policy developments for first and next generation access networks in the US, the UK, Australia and Hong Kong.  Supervisor: Richard Wu.  Examiners: Mark Williams (University of Melbourne), Kevin Pun (HKU), Felix Chan (HKU).

2. Dr. Shan CHI (PhD).  Chinese inventiveness criteria and their impacts on industry : inspiration from bio-patents.  Supervisor: Yahong Li.  Examiners: Benjamin Liu (John Marshall Law School), Yun Zhao (HKU), Haochen Sun (HKU).

3. Dr. Li GAO (PhD).  Promoting the development of green technology in China : using patent law as an environmental instrument.  Supervisors: Yahong Li and Jolene Lin.  Examiners: Bryan Mercurio (CUHK), Michael Ng (HKU), Shahla Ali (HKU).

4.  Dr. Evan Corby GIBSON (PhD).  Managing financial stability and liquidity risks in Hong Kong's banking system : what is the optimum supervisory model?  Supervisors: Douglas Arner and Lee Aitken.  Examiners: Michael Taylor (Moody's), Berry Hsu (HKU), Emily Lee (HKU).

5. Dr. Peng HAN (PhD).  An analysis of the changing nature of law and social solidarity in contemporary China : the application of Durkheim's theory of solidarity to Chinese society. Supervisor: Scott Veitch.  Examiners: Zheng Ge (Shanghai Jiaotong), Albert Chen (HKU), Hualing Fu (HKU).

6.  Dr. Jieying LIANG (PhD).  Party autonomy in contractual conflict of laws: a Chinese perspective on the adjudication of the enforceability of choice of law clauses.  Supervisor: Michael Tilbury.  Examiners: Brian Opeskin (Macquarie), Anselmo Reyes (HKU), Xianchu Zhang (HKU).

7.  Dr. Herman Yung Sing TO (PhD).  Microfinance in China - the postal bank and credit cooperatives as key players.  Supervisor: Douglas Arner.  Examiners: Zhou Zhongfei (Shanghai University of Political Science and Law), Say Goo (HKU), Xianchu Zhang (HKU).

8.  Dr. Ida Kwan Lun MAK (SJD).  Institutionalizing the effective use of ADR for the resolution of shareholder disputes in Hong Kong.  Supervisors: Katherine Lynch and Shahla Ali.  Examiners: Kun Fan (CUHK), Yun Zhao (HKU), Anna Koo (HKU).

9.  Dr. Xiao PAN (SJD).  Private non-enterprise institutions in China in an era of charity law reform.  Supervisor: Say Goo.  Examiners: Wei Shen (Shanghai Jiaotong), Douglas Arner (HKU), Hualing Fu (HKU).

10.  Dr. Xue PENG (SJD).  Corporate governance of Chinese privately owned enterprises listed in Hong Kong : an empirical study of three levels of agency problems.  Supervisor: Douglas Arner.  Examiners: David Donald (CUHK), Say Goo (HKU), Xianchu Zhang (HKU).

11.  Dr. Zhongyi TAO (SJD).  Fair use regime in China : findings from an exploration into judicial experiences.   Supervisors: Yahong Li and Po Jen Yap.  Examiners: Irene Calboli (Marquette), Hualing Fu (HKU), Alice Lee (HKU)

12.  Ms Yuchen SONG (MPhil).  Exploring derivative action in Japan and China.  Supervisor: Guanghua Yu.  Examiners: Hui Huang (CUHK), Douglas Arner (HKU).