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Larry Kwok, BBS, JP 郭琳廣，BBS，太平紳士 ISSN 1025-9554 Chairman, Independent Police Complaints Council 獨立監察警方處理投訴委員會主席

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Larry Kwok, BBS, JP 郭琳廣，BBS，太平紳士 ISSN 1025-9554 Chairman, Independent Police Complaints Council 獨立監察警方處理投訴委員會主席 二零一五年十一月 NOVEMBER 2015 HK$280 h k - l a w y e r . org Cover Story Face to Face with Larry Kwok, BBS, JP Chairman, Independent Police Complaints Council 封面專題 專 訪 郭琳廣，BBS，太平紳士 獨立監察警方處理投訴委員會主席 ENVIRONMENTAL LAW 環境法 HUMAN RIGHTS 人權 OFFSHORE 離岸 An Uphill Battle for Sustainable Development: Human Rights are Now “Light Touch” Restructuring Provisional Liquidator: Can Public Interest Litigation Protect the Business Responsibilities Cross-Border Rehabilitation of Bermuda and Natural Environment of Hong Kong? 人權現已成為企業責任 Cayman Islands Companies with Assets in Asia 為可持續發展而進行的爭戰： 「低度干預 」重組臨時清盤人：在亞洲擁有 是否可藉公益訴訟來保護香港的自然環境？ 資產的百慕大和開曼群島公司的跨境復原 Hong Kong Lawyer 香港律師 www.hk-lawyer.org The official journal of The Law Society of Hong Kong (incorporated with limited liability) 香港律師會 (以有限法律責任形式成立) 會刊 HONG KONG LAWYER www.hk-lawyer.org THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 Editorial Board 編輯委員會 Chairman 主席 Huen Wong 王桂壎 Inside your November issue Jenkin SF Chan 陳少勳 Peter CH Chan 陳志軒 十一月期刊內容 Heidi KP Chu 朱潔冰 Steven B Gallagher Warren P Ganesh Minkang Gu 顧敏康 Julienne Jen 任文慧 Dave Lau 劉子勁 Byron Leung 梁東華 George YC Mok 莫玄熾 Anne Scully-Hill Michelle Tsang 曾憲薇 Adamas KS Wong 黃嘉晟 Tony Yen 嚴元浩 THE COUNCIL OF THE LAW SOCIETY OF 14 COVER STORY HONG KONG 香港律師會理事會 President 會長 Stephen WS Hung 熊運信 Vice-Presidents 副會長 Thomas ST So 蘇紹聰 Melissa K Pang 彭韻僖 Council Members 理事會成員 Dieter LT Yih 葉禮德 Junius KY Ho 何君堯 Huen Wong 王桂壎 Peter CL Lo 羅志力 Michael J Lintern-Smith 史密夫 Billy WY Ma 馬華潤 32 ENVIRONMENTAL LAW Sylvia WY Siu 蕭詠儀 Cecilia KW Wong 黃吳潔華 Kenneth SY Ng 伍成業 Joseph CW Li 李超華 Amirali B Nasir 黎雅明 Brian W Gilchrist 喬柏仁 Gavin P Nesbitt 倪廣恒 Denis G Brock 白樂德 Nick Chan 陳曉峰 38 HUMAN RIGHTS Bonita BY Chan 陳寶儀 Mark Daly 帝理邁 4 EDITOR’S NOTE 編者的話 Secretary-General 秘書長 Heidi KP Chu 朱潔冰 6 PRESIDENT’S MESSAGE 會長的話 Law Society’s Contact: www.hklawsoc.org.hk 8 CONTRIBUTORS 投 稿 者 與律師會聯繫 Tel: +852 2846 0500 10 FROM THE COUNCIL TABLE 理事會議題 Annual Subscription 全年訂閱: HK$3,360 12 FROM THE SECRETARIAT 律師會秘書處資訊 Thomson Reuters Hong Kong Limited 14 COVER STORY 封面專題 10/F, Cityplaza 3, Taikoo Shing, Hong Kong Tel: +852 2847 2088 Face to Face with 專 訪 www.thomsonreuters.com Larry Kwok, BBS, JP 郭琳廣，BBS，太平紳士 ISSN 1025-9554 Chairman, Independent Police Complaints Council 獨立監察警方處理投訴委員會主席 © Copyright is reserved throughout. No part of 22 LAW SOCIETY NEWS 律師會新聞 this publication can be reproduced in whole or part without the express permission of the editor. 32 ENVIRONMENTAL LAW 環境法 Contributions are invited, but copies of work should An Uphill Battle for Sustainable Development: 為可持續發展而進行的爭戰： be kept, as Hong Kong Lawyer can accept no Can Public Interest Litigation Protect the Natural 是否可藉公益訴訟來保護香港的自然 responsibility for loss. Environment of Hong Kong? 環 境？ 38 HUMAN RIGHTS 人 權 Human Rights are Now Business Responsibilities 人權現已成為企業責任 NOVEMBER 2015 二零一五年十一月 HK$280 Editor 編輯 44 OFFSHORE 離 岸 Cynthia G Claytor “Light Touch” Restructuring Provisional 「低度干預」重組臨時清盤人：在亞洲擁有 [email protected] Liquidator: Cross-Border Rehabilitation of 資產的百慕大和開曼群島公司的跨境復原 Tel: +852 2847 8053 Bermuda and Cayman Islands Companies with Managing Editor 執行主編 Assets in Asia Ranajit Dam 鄧文杰 50 INDUSTRY INSIGHTS 業界透視 [email protected] Tel: +65 6870 3393 66 CASES IN BRIEF 案例撮要 會員動向 Design and Production 設計及制作 76 PROFESSIONAL MOVES 彭振生 Samson Pang 80 LAWYERS AT LEISURE 律師閒情 為善而跑 Translation team 翻譯組 Runners with a Cause InfoPower 84 LEGAL HISTORY QUIZ 法律史測驗 Joanne Man 萬育儀 Matty Kwong 86 CAMPUS VOICES 法學院新聞 Tang Mei Kwan 88 LEGAL MARKET 職場資訊 Special thanks to An Insider’s View on How AI Will Transform the 「人工智能」將如何促使法律服務範疇轉型 – Hong Kong Law Reports & Digest and Legal Sector 一位業內人士的觀點 Reuters News 特別感謝 香港法律彙報與摘錄 及 路透社新聞 For marketing/promotion opportunities please contact: Henry Cheng 鄭裕康 [email protected] Tel: +852 2847 2016 For subscriptions contact: Traffic Administrator 統籌 Gloria Ng 吳傲宜 [email protected] Tel: +852 2843 6415 Publisher 出版人 Amantha Chia 謝京庭 [email protected] 44 OFFSHORE Tel: +65 6870 3917 All information and views expressed by contributors and advertisements in Hong Kong Lawyer do not necessarily reflect the official opinion of The Law Society of Hong Kong. Whilst every effort is made to ensure editorial and commercial integrity, no responsibility is accepted by the Publisher or The Law Society of Hong Kong for the accuracy of material appearing in this journal. Members are encouraged to contribute but the Editorial Board of The Law Society of Hong Kong reserves the right to publish only material it deems appropriate. 80 LAWYERS AT LEISURE • November 2015 EDITOR’S NOTE 編者的話 In July of this year, a UN intergovernmental group met in Geneva to 在今年7月，聯合國跨政府小組在日內瓦開會，開始著 begin work on a treaty that will impose legally-binding human rights 手一項條約，將向企業施加具有法律約束力的人權義 obligations on businesses. While the treaty may be years away, the 務。雖然該條約的實施與現在可能距離幾年，但在日內 meeting in Geneva demonstrates that governments and civil society are 瓦舉行的會議顯示，各國政府及民間社會正在把公司捲 taking corporate complicity in human rights abuses more seriously. 入侵犯人權視作更嚴重的問題。 As the law in this area is likely to develop rapidly in the coming years, the authors of our Human Rights feature (p. 38) identify key human rights- 由於這方面的法律很可能在未來幾年迅速發展，我們的 related risks for businesses and explain how companies can take specific 人權專欄(第41頁) 作者識別了在企業與人權相關的關鍵 steps to address them. 風險，及解釋公司如何可以採取具體的步驟以解決該等 The November issue also contains an Offshore feature (p. 44) that 風險。 examines the use of restructuring provisional liquidation tools that are available under Bermuda and Cayman Islands laws that have proven 11月號也包含「離岸」專欄(第47頁)，審視了使用百慕 useful for stakeholders in relation to Bermuda and Cayman Islands 達及開曼群島法律的臨時清盤重組工具，該等工具對在 companies publicly listed in Hong Kong. It explains the benefits of using 香港上市的百慕達及開曼群島公司的有關持份者是有用 these restructuring tools and why common law co-operation between 的。它解釋了使用這些重組工具的好處，及解釋為什麼 the offshore Courts and the Hong Kong Courts is highly advantageous 離岸法院和香港法院之間的普通法合作，是對無力償債 to all stakeholders in insolvent companies. 公司的所有持份者極為有利。 The Environmental Law article (p. 32) examines the recent use of environmental public interest litigation in Hong Kong and recommends 環境法文章(第35頁)檢視最近在香港使用的環境公益訴 ways in which it can be more effectively used as a tool to protect the 訟，和建議以何種方式，可以更有效地用於作為一種保 natural environment in Hong Kong. 護香港天然環境的工具。 Also of interest may be the President’s Message (p. 6), which discusses 此外令人感興趣的可能是「會長的話」(第7頁)，該文 salient features of the Government’s proposed Children’s Bill, such as 章討論政府提議的《兒童法案》的特點，如將「父母責 the introduction of the concept of “parental responsibility” into Hong Kong family law. This Bill has been long awaited and should be available 任」的概念引入香港的家事法。該法案是期待已久的立 for comment by the end of 2015. 法，在2015年年底之前應該可推出作評論。 Cynthia G. Claytor Cynthia G. Claytor Editor, Hong Kong Lawyer 《香港律師》編輯 Legal Media Group Legal Media Group Thomson Reuters 湯森路透 [email protected] [email protected] 4 www.hk-lawyer.org LOOKING FOR THE LATEST LEGAL INDUSTRY NEWS, ANALYSIS AND JOBS IN ASIA? ALB is owned by Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals. With its portfolio of leading titles, online services, Law Awards and In-House Legal Summits, ALB provides authoritative and unbiased insights, and unmatched networking and business development opportunities, to legal professionals throughout Asia Pacific. WWW.LEGALBUSINESSONLINE.COM E-newsletter subscription: http://tinyurl.com/9nv2j4l • WEBSITE • LAW AWARDS • DIGITAL ISSUE • IN-HOUSE LEGAL SUMMITS • LEGAL JOBS CENTRE • ALB ASIA • CONFERENCES • ALB CHINA • MASTERCLASSES • CUSTOM EVENTS To find out more, contact Amantha Chia at [email protected] or (65) 6870 3917 • November 2015 PRESIDENT’S MESSAGE 會長的話 Long Awaited Law Reform – Proposed Children’s Bill The Law Reform Commission of Hong be “won” or “lost”. post separation or divorce. One of the Kong’s Report on Child Custody and procedural requirements in CDR is the Introducing the concept of “parental Access was published in March 2005. deployment of Children’s Form (“Form responsibility” into Hong Kong family The main thrust of the report’s 72 J”). The innovation of and the use of law should help address the following recommendations is to introduce the Form J aims to encourage and direct issues: concept of “parental responsibility” into parent’s focus on existing arrangements Hong Kong family law. The Law Society • the importance of fathers continuing and their proposed future arrangements has been keen to see progress in the to have a role in the lives of their for their children. implementation of this law reform. After children which doesn’t stop because The practice of the CDR has currently much lobbying efforts in the past 10 of divorce; been extended for six months till years, we note the Government is finally • rapid social development, now more 31 March 2016. prepared to issue draft legislation on this than 50 percent of women are in the law reform for public consultation. The work force; Parenting Coordination draft legislation, which will be called the • the reality that a majority of mothers Parenting Coordination is a child- Children’s Bill, should be available for are awarded custody of their children focused alternative dispute resolution comments by the end of 2015. while a lesser percentage of fathers process in which a trained professional assists high conflict parents to Custody versus Parental have no realistic chance of obtaining implement their parenting plan. This Responsibility care and control of their children; and dispute resolution method which has Under the current family law, the • the buttressing of gender equality. been practised in other jurisdictions relationship between parents and child The Law Society therefore agrees to and has recently been introduced to Hong is based on the concept of “custody”, supports the introduction of the concept Kong, to help fostering the coordination with emphasis on parents’ “proprietor of “parental responsibility” into Hong between divorcing parents.
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