Volume 13 No.2 JULY 2019

SCHOOL OF LAW NEWSLETTER School of Law City University of Contents CityU School of Law was established in 1987 with a mission to become an internationally-renowned centre for research and teaching of law in the INTERVIEWING DEAN Asia-Pacific region. Through cooperation with other law schools and 04 International outlook enhances appeal professional organizations, the School aims to foster an environment in which both students and staff develop and use their legal knowledge, professional SCHOOL OF LAW & CJER skills and expertise for the benefit of Hong Kong. Photo: istockphoto 06 (CENTRE FOR JUDICIAL EDUCATION AND RESEARCH) Programme enhances School of Law’s Our Programmes on offer: standing among the best in Asia

Undergraduate and Taught Postgraduate Programmes ON COLLABORATIONS (LLB) 08 CityU law students take great leap forward Juris Doctor (JD) Postgraduate Certificate in Laws (PCLL) Master of Laws (LLM) PROGRAMME HIGHLIGHTS Master of Laws in Arbitration and Dispute Resolution (LLMArbDR) 10 Hear what our Programme Directors say

Professional Doctorate Programme Doctor of Juridical Science (JSD) ON MOOTING 16 Moot court contest victories put Research Degree Programmes CityU top for legal training Doctor of Philosophy (PhD) Master of Philosophy (MPhil) RESEARCH CENTRES Recent activities and updates For further information, please contact us at 18 3442-8008 [email protected] STUDENT ACHIEVEMENTS Succeeding on all fronts School of Law School of Law 22 WeChat website

STAFF ACHIEVEMENTS 26 Staff publications and presentations

Published by School of Law, City , Tat Chee Avenue, Kowloon, Hong Kong SAR. Designed and printed by South China Morning Post Please send your comments to [email protected] @2019 CityU School of Law. All rights reserved.

SCHOOL OF LAW | NEWSLETTER 3 interviewing dean interviewing dean

International outlook enhances appeal New links in the United States and Europe expand the options for students

ityU’s School of Law to get broader experience, and we have a practice was to employ lots of people to has won plaudits for course structure to make that possible,” look through documents. Now, you can We have a very its strengths in areas Howells says. “They can do courses overseas simply type in search terms and press a ranging from Chinese which are compatible with the Hong Kong button. That may have a big impact, not diverse pool law, maritime law, and system, and there are plenty of options.” least in potentially reducing the demand for commercial law to the The number of choices is steadily junior lawyers. of students. teaching on human increasing. A programme at Fribourg Therefore, it is vital for students to rights and arbitration University in Switzerland has been added understand how technology is changing They want to and the recurring success of student teams in at the Masters level and discussions are the legal environment and the new issues Chigh-profile mooting competitions. under way with Norway’s Bergen University, being dealt with. The school is arranging adapt and to be Another aspect, which contributed which is known for its strength in professional development seminars where significantly to its 45th place in the most maritime law. experts explain why future lawyers need to treated like local recent Times ranking of the world’s top “We believe it is important for students be good at technology, but that is just the law schools, is the development of an to gain a different perspective, to see how first step. students international outlook and the opportunities law is taught and thought about in other “For most people, the use of the apps is that allow students to excel. countries,” Howells says. “They also get getting easier, but to address the legal issues PROFESSOR GERAINT HOWELLS “A large proportion of our students now essential life skills, becoming stronger you have to understand the background, go on G-LEAP (Global Legal Education themselves and gain a better understanding go back to basics and learn about the and Awareness Project) programmes, and of the world.” building blocks,” Howells says. “You have to we are expanding the number of options These links also give more mainland understand the implication of the algorithms, with new links in the US and Europe,” says and overseas students the chance to take what is being used to make computing Professor Geraint Howells, Dean of CityU’s courses at CityU. They see Hong Kong as decisions, and what kinds of controls and School of Law. “In the various rankings, we a great base for gaining Asia experience surveillance there should be. It is a major have shown we do very well in international and learning about common law, and their challenge.” outlook. We take that as an indication we presence stirs classroom debate, creating a He adds that many legal norms can are doing something that is very successful.” more interactive dynamic, which enhances probably be adapted to the tech world. As a Under the G-LEAP programme, students the quality of the learning experience. result, the law itself may not need to change can choose to spend anything from a couple “We have a very diverse pool of students. that much. In some areas, though, new laws of weeks to a semester at partner institutions Those who come for a semester just fit into may have to be formulated, which means Monash University in Melbourne and the programmes here - that’s what they working out how to adapt the system to the University College, Oxford. There are also prefer,” Howells says. “They want to adapt environment and how to apply the law in the internships available at courts in mainland and to be treated like local students. Because new context. China that are combined with study at we have relatively small cohorts, we are able “These are the sort of challenges being Renmin University. to accommodate them.” thrown up,” Howells says. “But we also see The objective is twofold: to give He notes that the area of law and it as a way to build up the reputation of the students an introduction to the academic technology is now very much in the law school as a place where quality research underpinnings and mechanisms of other spotlight as far as general curriculum is going on. We already have research legal systems, but also to develop the all- planning is concerned. There are plans for centres on Chinese comparative law, round experience and personal maturity that new courses on the legal implications of commercial and maritime law, and human comes from facing new challenges in a less ways technology is affecting business and rights. The topics addressed depend on familiar environment. how law firms will have to work differently. where an individual’s interests lie; there is “Usually, students prefer the shorter visits, One good example is discovery. a lot of academic freedom on how research but we are trying to say go for a semester Previously, Howells explains, standard time is spent.”

4 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 5 school of law & cjer (centre for judicial education and research) school of law & cjer (centre for judicial education and research)

Programme enhances School of Law’s The Chinese standing among the programme best in Asia is the only Year-long course for junior Chinese judges mostly follows the standard programme of curriculum for the CityU LLM in common law its kind outside mainland China

PROFESSOR LIN FENG his year marks the Certain aspects of the programme are science) for senior Chinese judges, to 10th anniversary of tailored to meet recognised needs and to enhance understanding of common law and a unique and highly give a fuller understanding of the principles, international law, and the ability to analyse successful LLM practice and procedures adhered to in problems. programme offered common law jurisdictions. It includes a taught component with by CityU’s School of For instance, there is a special course on required subjects, as well as a doctoral Law to train around writing judgements. thesis. For the latter, a number of recent 30 incumbent judges “Over the years, we have seen that topics have focused on the current judicial drawn from cities across mainland China Chinese judges tend to write very simple reforms in China, notably the fast-track Teach year. judgements, which often lack detailed sentencing mechanisms for suspects who Together with a JSD and a short-term reasoning,” Professor Lin says. “They usually admit to minor offences, judges’ liabilities, advanced programme for senior Chinese give facts, applicable laws and a conclusion, and reforms in the jury system and juvenile judges, this marks a far-sighted commitment but miss out the reasoning part, so the courts. to broadening horizons and providing the programme gives extra attention to that.” “We have also started negotiations with highest standards of legal education for There is also an internship, which allows the Guangdong Lawyers Association,” different levels within the profession. Though each individual to spend two weeks with the Lin says. The proposed collaboration it was conceived initially as a “capacity- Hong Kong judiciary. Besides a wide-ranging will be running on a pilot base. If the building” scheme, the demand for places introduction to the local judicial system collaboration is successful, admission and quality of teaching has done much to and how it operates, this stint includes the of students recommended by other legal enhance the school’s international standing opportunity to shadow specific judges as and professional institutions such as the and its reputation as one of the best in Asia. they go about their business in the High All China Lawyers Association will be “The judges have studied the Chinese legal Court and the Court of Appeal. considered. system, so we train them in common law,” It also affords the chance to discuss and In addition, there is an intensive advanced says Professor Lin Feng, Associate Dean of analyse key aspects of a recent case and raise programme for senior Chinese judges, CityU’s School of Law, who visits Beijing any pertinent questions. usually lasting two weeks. The tailor- change with the times. The LLB has already system course to emphasise the importance “The curriculum does not stand regularly to interview nominated candidates. To provide international experience, made content aims to provide cutting-edge added components on Chinese public and of international law and the connections still,” says Lin, who emphasises the “This is the only programme of its kind the LLM includes a one-month visit to the knowledge, diverse perspectives, and a better private law, recognising the fact that many with domestic law within our system.” importance of keeping pace with outside mainland China, and we organise United States, usually in June, to attend understanding of different legal systems. graduates will go on to do cross-border legal For the LLM, which students take after change and offering courses which everything in collaboration with the Supreme lectures at the School of Law of Emory “We see more demand for training from work. their first degree, there is now a stream for promote diversity. “If you take more People’s Court and the National Judges University in Atlanta, Georgia. This is local courts in China. This is a way to The foundation course on legal methods corporate and commercial law introduced students, the quality may drop. Next College.” the starting point for gaining a better further strengthen the relationship between and skills has been significantly strengthened. in recent years. There are also a few joint academic year, we will do more joint The year-long course, largely taught in appreciation of the American legal system, Hong Kong and the Greater Bay Area in the “The two basic skills for any lawyer are appointments where, say, a professor teaching for LLB and JD students. Hong Kong, mostly follows the standard but there is also an emphasis on observing legal services sector. But we don’t want to do how to analyse a case and how to interpret of criminology is shared with CityU’s Overall, we can expand if we want to, curriculum for the CityU LLM in common courtrooms in action. too many of these programmes as our main statutes,” Lin says. “So we have introduced Department of Social and Behavioural but a small cohort each year means we law. The class generally consists of junior As part of the Chinese judges programme, job is still teaching and research.” more lectures and exercises related to that Sciences to open the way to more can provide a better staff-student ratio judges, typically those with less than 10 CityU’s School of Law has also introduced He notes that all courses are under and have revised the Hong Kong legal interdisciplinary teaching. and more opportunities.” years’ professional experience. a three-year JSD (doctor of juridical constant review and, where necessary, must

6 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 7 on collaborations on collaborations

CityU law students take great leap forward New strategies and partnerships create a broader outlook at leading school

n emphasising the value of student terms of its international outlook. Or that the exchanges and collaboration with number of tie-ups with overseas institutions– partner institutions around the whether for student exchanges, summer world, CityU’s School of Law has schools, visiting professor lecture series or a well-thought-out-strategy – and double/joint degrees – continues to grow. there is no doubt it is paying off. For many undergraduates, a leading The essential aim is to create choice is the G-LEAP (Global Legal new opportunities for learning, Education and Awareness Project) Associate Dean for external affairs of CityU’s School of Law Dr Chen Lei (left) and Assistant Dean Dr Ding Chunyan. research and personal development. programme, which allows them to spend IBut in parallel with this, all kinds of one month in summer term at Monash practical benefits accrue, among them a University in Melbourne, or University greater appreciation of diversity, a fuller College, Oxford. understanding of legal systems in other However, there are also numerous other jurisdictions, and better prospects when the tailor-made options at partner law schools in time comes to pin down a full-time job. North America, the UK, Asia and mainland exchange study or internship experiences in way to broaden the curriculum by covering According to Dr Chen Lei, Associate Dean China. And with that comes the opportunity We want to both common law jurisdictions and, ideally additional specialist topics. for external affairs of CityU’s School of Law, not just to broaden the horizons of Hong mainland China. That is seen as a real For instance, the school has introduced a the main idea in any such initiative is to Kong-based students, but also to welcome train future advantage when it comes to dealing with series of shorter one-credit courses taught by start with clear objectives and build the right more LLB or JD students from overseas, and business for major clients.” internationally renowned professors. These framework. to arrange short-term exchanges for faculty leaders in the To that end, the school provides quite usually involve 13 contact hours in four “A priority for us is to give students a members. generous financial support for international sessions for one week, as well as assignments wealth of experience, to let them meet, mingle “For instance, we have recently started legal field in stays – and it has seen a marked increase in and exams. So far, the subjects have included with and work alongside people from different an initiative to attract more students from interest and uptake over the last three years. intellectual property (IP), capital markets backgrounds and cultures,” he says. “So, when Asean countries to take the LLB with us,” Asean countries Previously, local students tended to hold and consumer protection. we choose partners, we look very closely at Chen says. “There is a large pool of talent, back, preferring to remain in their comfort “It is a great way to diversify the everything, from what they can offer, to what and we want to train future leaders in the DR CHEN LEI zone, accumulate credits in Hong Kong, and curriculum and let students hear from they require our students to do.” legal field in Asean countries. Law schools just target a place on the postgraduate PCLL scholars in different fields,” Ding says. Discussions are likely to cover the list of in Hong Kong haven’t yet tapped into that programme. She adds that particular attention is courses and curriculum content, the type potential.” Now, though, well over 80 per cent of also given to the needs and standards of internships available, and the minimum Clearly, schemes like this play a big part in undergraduate students opt to spend some expected of incoming exchange students. number of credits students are expected to promoting diversity, scholarship and cross- time overseas, and doing overseas study has There is an orientation programme, a transfer back to Hong Kong. pollination. But, as Chen acknowledges, almost come to be seen as a basic course specified number of credits calculated on “For any exchange programme, there are there are also down-to-earth practicalities requirement. the basis of reciprocity, and they are eligible broad guidelines, but we want to maximise behind the move to encourage time overseas, “It helps students to appreciate different for internship opportunities, mooting the benefits of the experience for every bearing in mind the vast majority of law cultures, and develops the kind of graduates competitions, and editorial positions with student,” Chen says. “Therefore, we give students plan to go into the legal profession law firms want to hire,” Chen says. the school’s law review and journal. advice, ask them to report back on the and are hoping for offers from the top firms. In this respect, Dr Ding Chunyan, “We survey all exchange students and ask courses they are taking, and exercise a high “Simply put, it is market-driven,” he associate professor and Assistant Dean at for suggestions to improve the programmes.” level of quality control.” says. “When we talk to partners in charge CityU’s School of Law, notes that it makes Ding says. “We emphasise, though, that As a result, it is perhaps no surprise that the of recruitment at Hong Kong law firms, sense to enhance international cooperation learning practicalities is part of the process, latest Times Higher Education Law rankings they are generally looking for LLB or JD at various levels. Doing so not only helps to and we want to see changes at individual put the school number one in the world in graduates with a strong transcript, possessing attract students and researchers, it is also a level.”

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PCLL Bringing teaches law legal students topics to practical life boosts skills LLB’s Postgraduate certificate equips students to handle both the rough appeal and the smooth Real-world illustrations help Ms Theresa Low, PCLL Programme Director, students see issues from all sides Prof Kelvin Low, LLB Programme Director, and and Dr Peter Chan, Programme Associate Director and realise how aspects of the law Ms Anna Lui, Programme Associate Director overlap

or students with their sights set on a career “We teach practicalities and soft skills,” Low says. “For everal notable features have come to define “In tutorials, we teach the law and what happens in in the legal profession, a qualifying law instance, in the courtroom setting, students may act for the the four-year Bachelor of Laws (LLB) at practice,” says Anna Lui, teaching fellow and Associate degree is the first required step. Afterwards, prosecution, the defence or as a witness. And we ask actual CityU’s School of Law. These include the size Director of the LLB programme. “We often mix real-life though, they are expected to complete a judges or practitioners to oversee the case.” of the cohort being restricted to only 60 or so situations into the questions, so students see how the law postgraduate certificate of laws (PCLL). This provides invaluable experience of doing openings, students per intake; the small class sizes that can – and cannot – be applied.” This one-year, full-time programme is examinations in chief, cross examinations, closing result from this and the sense of camaraderie As preparation, a class might be asked to find recent designed to teach essential professional submissions, and of what it feels like to deal with questions this creates; and the various opportunities for examples of, say, negligence cases involving public skills like drafting, interviewing, advocacy and interjections from a . instructive legal placements and horizon- transport, nuisance cases with noisy neighbours, or issues and preparing briefs. And, more broadly, it is preparation for In classes, it is assumed that students already have a good broadening exchanges at leading overseas universities. relating to defamation or privacy. Fthe demands, challenges and general cut and thrust of life as grasp of the law. However, teachers will quickly review certain SUnderpinning all of this is the ability of professors and This helps when analysing the legal principles, but a trainee solicitor or pupil barrister. key principles or, for complex subjects like wills and probate, lecturers to bring each subject to life. also makes for livelier discussions about recommended “We equip students with the practical lawyering skills they may also address some of the more substantive areas. This skill is not just the result of meticulous course strategies and the possible need for other kinds of will need when they go out to start work,” says Theresa Low, “The majority of courses have some kind of interviewing planning, careful research and attention to detail. Rather, it protection. PCLL Programme Director at CityU’s School of Law and or role-play,” explains Dr Peter Chan, formerly a litigator stems from a conscious effort by staff to show, through real- Lui adds that, for any aspiring lawyer, it is essential to a practising barrister who mainly handles arbitration and and now an assistant professor and Associate Director of the world examples and recent news stories, that the study of be able to see from multiple perspectives and to be able to personal injury cases. “They learn through instruction and PCLL programme. “Through these exercises, students learn law is about both theory and practice – and that the job of a present either side of an argument. experience, and the small-group teaching by faculty members to say things in the right way and how to put a client at ease. lawyer is often to find workable solutions where there is no CityU develops these skills through its popular and and outside practitioners is found to be very effective.” These are important skills.” obvious right and wrong. successful G-LEAP (Global Legal Education and Awareness With an annual intake of 210 – roughly half of whom Chan adds that with the help of video recordings, “In every course, we maintain a delicate balance, Project) programme, which provides overseas experience come from overseas – the programme’s main aim is to ensure tutors’ comments and class feedback, students also see the giving students the basic building blocks and getting them and exposure to different ways of teaching. “employability”. Before applying, most students know importance of acting differently when dealing with, say, a interested by teaching from current events,” says professor There are also legal placement electives with leading which branch of the profession they hope to enter. But they financial regulator or a personal injury victim. Kelvin Low, a specialist in land registration and property firms in Hong Kong and judicial bodies in mainland benefit immensely from the all-round training which covers “We teach them to empathise and communicate better,” law. “I use recent headlines to get them to think carefully China. And the comparative law approach is a good way everything from speaking to clients and drafting a summons declares Chan. about the legal side of things like asset negotiations, MTR of exploring how other common law jurisdictions such as or affidavit to writing letters of advice and taking part in construction projects, and rights for buildings.” Singapore and Australia do certain things differently. moot proceedings in the . This approach ensures each topic has direct relevance “I play devil’s advocate to get students to think how best to students. And by highlighting the connections between to deal with difficult issues and to form their own views,” courses, and the overlaps between different areas, students Low says. “I emphasise there are many issues with no do not develop a “silo” mentality about, say, contract or tort obvious right or wrong answers, so it is about values, not law, viewing them in isolation. just logic, and knowing what the choices are.”

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Juris Doctor CityU LLM programme cultivates promotes future critical leaders in thinking law Special course allows students to Master of Laws hones specialist skills switch courses and pursue a career and learning in law

Ms Sara Tsui, JD Programme Associate Director Dr Lin Yu-Hsin, LLM Programme Director

he JD (Juris Doctor) programme “Public speaking plays an important part in almost very year, around 150 students come body. To internationalise the programme, the School also offered by CityU’s School of Law every area of the law, whether you become a barrister from around the world to pursue an invites internationally-renowned professors from around the has a very clear purpose: to allow representing clients in court or an in-house counsel,” says JD LLM degree at CityU, including 30 who world to offer intensive short-term courses each semester. students with a Bachelor’s degree in Programme Associate Director Ms Sara Tsui. “So, we create are part of CityU’s ground-breaking Students gain opportunities to go abroad for exchange or another discipline to change to law an environment where students have to practise that in programme for mainland Chinese judges. joint degrees. Currently, the LLM programme offers three and prepare them for the PCLL and a classroom discussions and moot court sessions, which also Every annual intake represents a diverse joint or dual degree programmes with University of Paris future career in the legal profession. hones their ability to think critically and answer unexpected mix of nationalities, backgrounds and 1, Aix-Marseille University in France and the University of This switch is achieved via a fast- questions.” professional experience. Many CityU Fribourg in Switzerland. Students also have the opportunity paced curriculum which combines theory and practice with In other respects, practical skills are taught in group LLM alumni are now leaders in their field, graduates having to go to selected US law schools for a tailor-made study trip Topportunities for local internships and semesters overseas writing assignments, preparing 2,000 to 5,000-word essays, Egone on to become ministers, heads of mainland courts, and in June every year. at partner schools in Mainland China, Britain, Europe, and in classes on legal method which show, for example, law firm partners. “This is a taught postgraduate programme, but students Australia and the United States. how to draft documents and cite authority. “We not only give our students the best study experience can also write a dissertation, and some coursework Such an approach gives students a global view, with an Students can complete the programme in two years ever but also cultivate them to become the future leaders assignments require independent research,” says Dr Xing understanding of common law and different jurisdictions, but are strongly advised to take three years. Core courses in law. It is a programme designed for law graduates and Lijuan, who was Associate Director of the LLM programme. as well as the technical expertise, forensic thinking and cover all the main aspects of criminal, civil and commercial practising lawyers who want to advance their knowledge “Overall, a lot of the courses are seminar-style to encourage personal skills to go on to successful careers as solicitors and law. But the school also emphasises the benefits of studying in a specialist field,” says Dr Lin Yu-Hsin, LLM Programme discussion of the key issues.” barristers, in government service or in various branches of overseas and doing credit-bearing placements to learn Director. “It focuses on six major areas of expertise, along For students who are trained in civil law jurisdictions, and the corporate world. about the court system in Mainland China or experience with one general stream, and all include relevant legal are therefore unfamiliar with Hong Kong’s common law “We set high academic requirements for entry and the routines of a law firm, a barristers’ chambers, or a big instruction, training in practical skills, and opportunities for system and methodology, there is an extra foundation course candidates must have a good standard of English,” says JD finance company’s legal department. independent research.” before the first semester to bring them up to speed. Programme Director Dr Mark Kielsgard, who notes that “Getting a law degree is a huge commitment of time and Students taking the one-year LLM at CityU’s School of Other than that, the students in each stream take a mix around 100 students are admitted each year. “We are very money, so students must be motivated and ready to jump Law choose to follow one of seven streams, each offering a of core courses and electives to achieve the required total selective in whom we choose and we teach more or less into the deep end from day one,” Dr Kielsgard says. “Many tailor-made curriculum plus opportunities for legal placements of 24 credits. Most courses include group projects and under the British system with lectures, tutorials and small opt for the JD because they feel the need for a change, and overseas study. The specialist streams are in Chinese and presentations and if necessary, faculty members are on hand class sizes which allows for more individual attention.” they have a sense of justice or they have come up against comparative law; international economic law; common law; to offer guidance and encouragement. In tutorials, there is particular focus on developing problems with a legal aspect in the course of their previous maritime and transportation law; intellectual property and “We also teach the skills and abilities needed for a critical thinking. Students are put on the spot and expected employment.” technology law; and corporate and commercial law. future career, such as critical thinking and analytical skills,” to propose or defend a position with well-reasoned As a result, the LLM offers a more diverse range of Lin says. “And to ensure engagement with the local legal arguments, relevant examples and eloquent explanations. choices than comparable programmes elsewhere. And, community, we invite practitioners to give lectures on their in other respects, academic diversity is also seen in the specialist areas and arrange visits to local courts and the multicultural nature of both the faculty and the student legislative body”.

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Striking Doctoral a deal to degrees settle a show dispute breadth outside the of legal courts learning

CityU School of Law arbitration CityU School of Law scholarship for masters mixes academic and practical Dr Christopher To, Master of Laws in mainland judges and general PhD offer Dr Guan Wenwei, JSDCJ Programme Director (left), training to teach how to resolve Arbitration and Dispute Resolution chance to re-examine, ask questions and and Dr Stephen Thomson, Research Degree Coordinator tricky issues (LLMArbDR) Programme Director propose change

n a world where disagreements can arise about construction disputes, financial matters in commercial wo advanced programmes combining key elements of research: doctrinal and theoretical; empirical, anything from contracts and construction claims arrangements to maritime disputes. coursework and original research involving fieldwork, observation of court cases, or interviews; to matters of family law and alleged medical Cases can be complicated by involving multiple parties, leading towards a thesis exemplify the and the social-legal aspect to understand how law affects malpractice, trained experts are needed to help different jurisdictions, and having to interpret the law diversity and quality of options offered policy and functions in society. The JSDCJ Programme’s resolve such issues without resorting to litigation and procedures as well as reviewing case precedents to by CityU’s School of Law. diversification of our legal education facilitates the mutual and the courts. supplement one’s arguments before an arbitral tribunal. The Both promote doctoral-level understanding, as it facilitates Hong Kong legal community’s That is where the master of laws in arbitration teachers include practising solicitors, barristers, structural scholarship in areas of the law understanding of the mainland’s judicial reform and and dispute resolution (LLMArbDR) offered by engineers and business managers who emphasise the which have direct relevance for development when introducing to mainland judiciaries the CityU School of Law comes in. It offers a unique blend of practicalities entailed in reaching an agreement, not just the contemporary society. And they advance knowledge function of the common law in Hong Kong. Iacademic and practical training in the legal concepts and principles. Tand understanding by providing a chance to re-examine In terms of framework and requirements, the separate PhD methods needed to act as an effective arbitrator in domestic “Our students are not just looking for a qualification, underlying theories, question accepted principles, and propose programme is similar, but following restructuring it is now a and international cases. but something they can use in their jobs,” says To, who is an suggested changes for wider consideration. full-time, four-year course for most students. In addition, the two-year part-time course teaches adjunct professor at the School of Law. “They want to learn One programme, the JSDCJ, or Doctor of Juridical Science “For admissions, the emphasis is on the quality of the mediation, adjudication and negotiation, using real-world as much as possible and really understand the subject, so (Chinese Judges), has an annual intake of around 10 and proposal and whether we can provide appropriate supervision sanitised scenarios which reflect the practices and procedures they are able to analyse or prepare a case in future.” takes three to six years to complete. It is tailor-made for senior in that area,” says Dr Stephen Thomson, Associate Professor within the industry and society at large. He also points out one important difference between judges who are often currently president, vice-president, or and Research Degree Coordinator at the School of Law. “The “The teaching materials and course content are devised arbitration and mediation. The former sees a neutral third- division chief of local courts in mainland China, and includes basic requirement is originality; there must something in the by practitioners to ensure they are current and compatible party make a determination which is binding in law and compulsory courses in Hong Kong along with independent thesis that discovers or argues something new and original. with today’s needs,” says Programme Director Christopher internationally enforceable. The latter uses a facilitative work towards a final dissertation. We help students to develop their research capabilities, but the To. “And the learning is very interactive. Lecturers have approach to negotiate and reach a non-binding agreement. The courses cover research methodology, Hong Kong’s work requires a high level of independence.” industry-specific knowledge and use case studies, role plays, Overseeing either, though, requires a high level of knowledge Basic Law, and legal writing. There are topical seminars, visits Research proposals span areas as diverse as constitutional individual presentations and student-led discussions.” and experience. to the ICAC, Legco, the Department of Justice, and the Hong law in Hong Kong, Chinese company law, a comparative A typical intake of 80 students includes lawyers, social “The strength and beauty of the programme is that we Kong judiciary, and two courses taught by the National Judges study of special economic zones, and the World Health workers, doctors, construction engineers, civil servants and are creating a new field of expertise in Hong Kong that will College under the auspices of the Supreme People’s Court. Organization. They can relate to public or private, international business people who already have between five and ten make Hong Kong competitive in the international dispute “For the preliminary defence of their proposal and then or domestic law. years’ professional experience. arena,” To says. researching and writing the thesis, students work closely with “Professors meet with students on a regular basis to In the first year, the focus is on theory; in the second, on Admission is merit-based, though applicants must have their advisers,” says Dr Guan Wenwei, associate professor and gradually refine their research and give it more focus,” the practical side. In this way, students cover key areas like a first degree, or equivalent, and a good standard of English. JSDCJ Programme Director at the School of Law. “We ask for Thomson says. “We are also introducing a qualifying exam commercial contract and tort law, how to address procedural Those whose work involves arbitration or other forms of progress reports every semester to keep track of background towards the end of the first year to make sure time is being and legal issues to an Arbitration Tribunal, and how to draft dispute resolution may be preferred. reading, research plans, and any surveys or interviews done.” spent profitably.” a decision, explain the reasons for it in clear English, and The programme has achieved recognition from a number The programme is taught and written in Chinese, He adds that most PhD students teach in tutorials, providing ensure it is enforceable under law. of professional bodies, including the Chartered Institute of supplemented by English. For the six intakes to date, thesis useful experience for those planning a career in academia, and The varied case studies then introduce them to different Arbitrators and the Hong Kong Institute of Arbitrators, subjects have ranged from criminal law procedures to the notes that the university is generous in its financial provision. types of dispute – and how to resolve them – concerning allowing graduates to practise in the field both in and outside protection of intellectual property rights, mainland family “We attract high-quality applicants, people who have everything from quality of work and design faults in Hong Kong. laws, reorganisation of corporate bankruptcy, and comparative worked for law firms, NGOs, and in different countries,” he studies of common law and Chinese law. says. “There is no standard route for admissions; we are very But whatever the topic, the process should include three open-minded.”

14 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 15 on mooting on mooting

Moot court Mooting is by far the most important contest victories extracurricular activity a law put CityU top student can engage in for legal training DR MARK KIELSGARD How mooting changes students and prepares them for a bright future

he continuing success However, being picked to represent CityU respective roles only decided on the day of the to present their case for or against, before of CityU teams at at one of the big international events takes contest by the toss of a coin. proceeding to counter arguments or cross international moot court something extra. There are long hours of research and lengthy examination. competitions can be put “It is not for the idle curious,” Kielsgard practice sessions – sometimes all-nighters – to All the while, other team members are down to various factors, but says. “Students have to audition for spots improve the force of an argument. The coaches also trying to “read” the judge – generally a one definitely stands out. on the team and impress their would-be also work on vocal delivery, tone, gestures, and professor or practising lawyer – to determine “We train champions, coach. They also have to understand how the ability to think on one’s feet in response to which points are carrying most weight. and the key is the amount much work is involved, because it takes a an unexpected twist or a judge’s intervention. “A judge’s questions can take up a lot of of work we put in,” says Dr Mark Kielsgard, ‘ridiculous’ commitment. While preparing for “We expect a team to do very detailed time, so mooters must be very aware of the Tassociate professor in the School of Law and the competition, they have to forego everything planning for every variable and potential clock; it is a difficult skill to perfect,” Kielsgard Director of Mooting and Advocacy. “I have no except their classes, but they will do this if they outcome,” says Mr David Holloway, assistant says. “So as not to impact on speaking points doubt or hesitation in saying that when we go to a want to be champions.” professor and Mooting Associate Director in or miss out an issue, we recommend having full competition, we are the best prepared team there. For the audition, students are given a the School of Law, who has been in practice and abbreviated versions.” Because of that, we have won ten international basic, though unfamiliar, problem involving for many years as a barrister in London. “They By the end of the process, he adds, some championships in the last eight years against teams international or arbitration law. They do the must go beyond the superficial, understand students are better than practising barristers at from scores of countries.” research, prepare a short memorandum, and legal methods, and be willing to absorb ideas. thinking critically, stepping into an opponent’s Those triumphs have come at prestigious make a 15-minute presentation as if in an They learn technical skills and how to work shoes, and putting an argument in the most events commonly referred to as the Vis, the Vis appellate court. under pressure, but we also teach them how to favourable light. East and the Jessup, as well as at the International “We assess how much effort they have put speak effectively, make eye contact, project their “Mooting is the most reliable preparation Criminal Law Moot Competition in The Hague, into the research, what authorities they have personality, and to enjoy the whole moot court for working in the world of advocacy and case in the Netherlands, where hundreds of teams from cited, and whether they have thought through experience, rather than dreading it.” presentation,” David says. “It turns students around the world take part in the early rounds. their arguments, the likely counter arguments, The usual competition format sees each into excellent speakers with the skills and The broader significance, though, is that each and possible further rebuttals,” Kielsgard nominated speaker given around 20 minutes confidence to deal with any challenge.” new distinction further confirms the school’s status says. “The key I’m looking for is depth of as one of the best in Asia in training students for reasoning.” the practicalities of professional life as a barrister At the initial stage, contenders do not or solicitor. have to be the most fluent speakers, but “Mooting is by far the most important they must be “trainable”. The build-up to a extracurricular activity a law student can engage major competition usually stretches over two in,” says Kielsgard, a former trial lawyer in the semesters and, during that time, the selected United States. “You won’t find any better hands- students – anything from three to seven on experience with regard to writing, drafting depending on the event – begin by analysing instruments, and arguing a case. The benefits are the set case. manifest. Average students can become outstanding, It may be 10 pages long, with a further 30 while our former mooters tend to do extremely well pages of factual information and pleadings. in legal practice with the leading firms and have The central problem is designed to test different published in top-rated academic journals.” areas of the law, including cutting-edge The LLB programme has a mandatory course undecided issues of the day, where a plausible on mooting, which includes an intra-mural team argument can be made for both sides. competition. That ensures everyone acquires the Mooters must prepare to argue as applicant/ essential skills and gains relevant experience. claimant or respondent/defendant, with Mr David Holloway, Mooting Associate Director and his student mooters in Vienna

16 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 17 research centres research centres

Centre for Chinese and Comparative Law (RCCL)

Conference on “Dispute Resolution in Asia and Beyond: Progress and Trends” On 17th and 18th of May 2018, the Centre for Chinese and Comparative Law (RCCL) of the School of Law of City University of Hong Kong organized a two-day conference entitled “Dispute Resolution in Asia and Beyond: Progress and Trends”. This is one of the series of academic events celebrating the 30th anniversary of the School of Law. The objective of this conference was to provide a platform for leading scholars and arbitrators worldwide to share and exchange their opinions concerning the status quo and the future of international dispute resolution, and for the Asian region in particular. Under the central theme of “dispute resolution in Asia”, the conference was further Hong Kong Commercial divided into four sub-themes, namely commercial arbitration, investment arbitration, general trend of dispute resolution and international commercial courts. Third speakers coming from different jurisdictions (including Germany, Hong and Maritime Law Centre Kong, Netherland, mainland China, Malaysia, Netherland, Singapore, South Korea, Switzerland and Taiwan) and different professions (including, scholars, lawyers, judges, (HKCML) arbitrators and arbitration institution senior personnel) participated in this conference to discuss issues related to these four sub-themes from academic, theoretical, as well as Marine Insurance: Risks and Interpretation – II. Insurance for cyber risks- cover, exclusions and practical perspectives. A Chinese-English Law Dialogue interpretation (B Soyer); Throughout the whole conference, the atmosphere was The Workshop on “Marine Insurance: risks and III. The risks of third party aggressors: e.g. terrorists, inspiring and interactive: While the presenters delivered interpretation – A Chinese-English Law Dialogue” held pirates, malicious persons, vandals, saboteurs, violent insightful presentations, other audience also enthusiastically by the HK Commercial and Maritime Law Centre, City thieves, and barrators (P Eggers QC); joined the discussion during the question and answer sessions University of Hong Kong took place at the School of Law IV. Risks in shipbuilding and shipbuilding insurance in by posing critical and thought-provoking questions to our Conference Room in CityU on 23 November 2018. China (J Hu); presenters. The workshop began with the welcoming remarks given V. Causation requirement for covered risks under While issues related to dispute resolution in Asia are by Professor Geraint Howells (Dean, School of Law). Chinese hull insurance clauses (B Chu); numerous and could not be comprehensively covered by in Professor Howells emphasized Hong Kong as a leading VI. The “perils of the seas” under Chinese judicial practice a two-day conference, this conference was still regarded by maritime centre in the world and praised the Hong Kong (W Chang) and Risks and exclusions in marine participants as highly fruitful and constructive because it not Commercial and Maritime Law Centre for being pragmatic insurance contract in China (R Zheng) only provided a platform for people with common interests and forward looking in responding to the development and concerns to get to know each other and exchange views of maritime law. He presented souvenirs and thanked all Invited speakers presented their papers covering a wide and experiences, but also laid an important foundation for participants for their active participation and support. range of topics which brought new insights for participants further discussion. Follow RCCL at: Following the welcoming remarks, Professor Michael in the workshop. Tsimplis (Fellow of Hong Kong Commercial and Maritime The workshop played an important role in exchanging Law Centre) was invited to give an opening remarks for the thoughts and views in marine insurance. Speakers and workshop. participants actively shared opinions and suggestions Seven papers were presented under the theme of “Marine throughout the discussion which offered a good opportunity Insurance: risks and interpretation”, including: for exploring and developing cooperation among universities I. Reading Marine Policies (H Bennett); and judicial sector in the United Kingdom and China. Facebook WeChat

18 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 19 research centres research centres

Centre for Judicial Education and Research (CJER)

Centre for Judicial Education and Research During the two-week Programme, they visited the High successfully held the 13th Advanced Programme Court, the Court of Final Appeal, the Department of for Chinese Senior Judges Justice, the Legislative Council, the Law Society of Hong The 13th Advanced Programme for Chinese Senior Judges Kong, the Correctional Service Department, the Hong was successfully concluded on 31 October 2018. From 18-31 Kong Customs and Exercise Department, the Legal Aid October 2018, meetings and discussions in various forms Department, the Ombudsmen, the Office of the Privacy were arranged for 16 Chinese senior judge participants who Commissioner for Personal Data, the ICAC, the Office of came from 13 provinces, municipalities and autonomous the Commissioner of the Ministry of Foreign Affairs of the regions. Through these judicial exchanges, the senior judge PRC in the HKSAR and the China Legal Service (Hong participants conducted in-depth discussions with the Hong Kong) Ltd. Justice Chu Fun-ling, Justice of Appeal of the Kong legal community and thus further advanced their Court of Appeal of the High Court, Mr Leung Kwanyuen, knowledge in common law and the differences between the President of the Legislative Council, Ms Melissa Pang, two legal systems. President of the , Dr Zhou Lulu, CJER has specially arranged four lectures on Civil Justice Director-General, Department of Treaty and Law, Office and Criminal Justice for the delegation of senior judges. of the Commissioner of the Ministry of Foreign Affairs of Besides Prof Lin Feng’s lecture on the core and hotspot issues the People’s Republic of China in the HKSAR, and Mr Du of Hong Kong Basic Law, we have also invited Mr Wesley Mao, Chairman of the Board, China Legal Service (Hong Wong, SC, Solicitor General; Ms Ng Ling Ling, Government Kong) Ltd. met and exchanged views and ideas with the Human Rights Law and Counsel, Ms Maggie Yang, Deputy Director of Public senior Chinese judges. Prosecutions (I) (Ag), and Ms Fu Yuet Yee, Senior Public Prosecutor and Justice Wally Yeung, Vice-President of the Policy Forum (HRLF) Court of Appeal of the High Court to conduct the lectures on their fields of expertise. Human Rights Law and Policy Forum, Implementing engage with the Chinese Companies on BHR, followed the UN Guiding Principles on Business and Human by Mr Johnson Yeung (Clean Clothes Campaign East Rights in Hong Kong and Mainland China: The Role of Asia) on enforcing brand agreement and experiences in a BHR Network holding corporation accountable, then Ms So Sheung On 1 March 2019, the Human Rights Law and Policy Forum (Labor Education and Service Network) on new models of the School of Law of City University of Hong Kong held for leveraging public procurement purchasing power to the Workshop on ‘Implementing the UN Guiding Principles implement monitoring and remediation in the supply chain on Business and Human Rights in Hong Kong and Mainland of Information and Communication Technology, and finally China: The Role of a BHR Network’ at the School of Law Mr Han Dongfang (China Labour Bulletin) on learning Conference Room. lessons from collective bargaining. The Workshop consisted of two sessions: While the first The second part of the Workshop was a roundtable session was mainly presentations delivered by guest speakers, discussion related to the proposed BHR Network. the second session was a roundtable discussion regarding to Discussions involved possible values that the UNGPs and the potential formation of a Business Human Rights (BHR) BHR lens can bring to the table, especially how a BHR Network here in Hong Kong. Network can be useful for Hong Kong. This includes The Workshop commenced with an introduction to the questions such as what kind of structure and administration UN Guiding Principles on Business and Human Rights should the proposed Network operate in, and what kind (UNGPs) given by Dr Surya Deva (associate professor, of activities and initiatives could the proposed Network School of Law, CityU). He explained the importance of undertake using UNGPs and BHR lens, in order to expand UNGPs under which all countries should take a certain their connection towards other like-minded regional and duty to support and protect the fundamental concept of international networks. human rights. The Workshop ended with a closing remark by Dr Surya After the introduction, it moved on to the presentations Deva, who thanked all the guest speakers and attendees for delivered by guest speakers. It began with Mr Lowell their contributions to the discussion. All attendees agreed Chow (Business and Human Rights Resource Centre) to form a ‘google group’ as the beginning to a potential who presented on the opportunities and limitations to formation of a BHR network.

20 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 21 student achievements student achievements

Law at the University of Oxford in 2017. It Q: What did Rugby teach you about was a valuable opportunity to be taught by leadership and teamwork? We have to professors at such a renowned institute and A: Playing rugby has strengthened my ability Succeeding to experience the studious atmosphere there to communicate and connect with people appreciate in Oxford. of different characters and personalities. As clichéd as it sounds, we could win the match others’ Q: Sevens Rugby is a very challenging sport only if we have played as a team. Though I On All Fronts to succeed in because of the huge demands am not the fastest or strongest in the team, strengths and at it places on participant’s fitness. How were my role as a scrum-half was to read and By Jack Burke * you able to meet the time management control the game. So, we have to appreciate the same time demands of training as a rugby player and others’ strengths and at the same time accept also consistently achieving high grades as an their weaknesses. It is also important to keep accept their LLB student? improving yourself and put the team’s needs A: I think it is important to have the right before your own. weaknesses mind-set and to accept that there are sacrifices that I have to make. Sometimes, Q: What would you say to other students RACHEL HO I might feel stressed for lagging behind in about the value of achieving a work and life tutorials, or I might feel guilty for skipping a balance? training session. I have learned to turn these A: I believe work-life balance is very important negative emotions into motivation to work to our physical and mental health. It is about harder. In practice, I always try to plan ahead taking time off from your hectic schedule and prioritize my to-do list. To have a better and doing what you love – be it exercising, work-life balance, it is helpful to adopt a listening to music, reading a book or cooking. routine in our lifestyle. Personally, I become more productive at work when I perform well in rugby trainings and competitions, and vice versa. So, my advice to other law students is just: leave the library, go and have some fun!

Rachel Yuen Shan Ho (middle), PCLL student and LLB graduate at CityU Law School.

ityU sports teams captain of the CityU Womens 2019 Intra- Q: Rachel, you have been a law student now have a rallying cry varsity championship winning Rugby team. for nearly five years. Can you describe your which is, “Be the Best Dean Geraint Howells commented most beneficial learning experiences during that You Can Be’. here that, “Graduating with a First Class this time? It is a phrase that law degree requires both intelligence and A: I really enjoyed studying the law encourages students to application. It requires social and leadership electives offered here in CityU. On top of be well-rounded and skills to take advantage of that education. the traditional law courses like Criminal successful individuals, Leading a team to victory in an intense and Law and Contract Law, we are given a wide both in the academic and sporting arenas. competitive competition demonstrates that range of electives to pick from, such as Law CRachel Yuen Shan Ho, a student in this year’s Rachel has all those qualities needed to be a and Gender, Animal Law and IP Law. These CityU PCLL, is a student who exemplifies great lawyer and a leader in society.” courses enable us to discover and develop that proud tradition. This year has been a Rachel was kind enough to take some knowledge in areas of law that we are particularly memorable year for Rachel who time out from her busy PCLL schedule to personally interested in, most of which are achieved what is certainly a remarkable (and answer some questions about her impressive quite niche or newly developed. probably a unique) dual achievement, as both achievements and her journey as a successful In addition, I participated in the GLEAP an LLB 1st Class Honours Graduate and the person and law student. Programme and studied EU Competition *Jack Burke is Senior Teaching Fellow at CityU School of Law and Honorary Manager of the CityU Mens and Womens Rugby Teams.

22 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 23 student achievements student achievements

Our High Flyers

First Prize for the ICC International Commercial Mediation Competition – Hong Kong The first International Chamber of Commerce (ICC) Mediation Competition Hong Kong was held in Hong Kong during 12-15 October 2018. Sixteen teams from universities in Hong Kong and the Asia Pacific Region, including countries along the Belt & Road, participated in the competition. Our CityU team (one coach and four students) beat Singapore National University in the Finals and won the First Prize. The winning team was funded by ICC-Hong Kong to compete in the ICC Mediation Competition in Paris during 7-13 February 2019. The ICC Mediation Competition is widely recognized as one of the world’s leading mediation competition for university students bringing many teams together in February each year to the International Chamber of Commerce (“ICC”) in Paris.

Ceremony of 2018/19 Admission Scholarships, Sir Oswald Cheung Memorial Fund PCLL Scholarship & 2017/18 Outstanding Zhu Siyan received the Hong Kong Maritime Law Performance in Mooting Competitions Scholarship 2018/19 The School of Law, City University of Hong Kong (CityU) Mr Mak Yip Shing Andrew, Director of Sir Oswald held the Ceremony of 2018/19 Admission Scholarships, Cheung Memorial Fund, delivered a speech to show support Sir Oswald Cheung Memorial Fund PCLL Scholarship & and share the joy of the scholarship recipients and mooters. 2017/18 Outstanding Performance in Mooting Competitions He also thanked the School for the support of the Fund and on 2 April 2019. The Ceremony was well attended by encouraged the students to join the legal profession and Hong Kong Maritime Law Scholarship award recipients, their family members, distinguished guests, contribute to the society. 2018/19 Certificate Presentation coaches of mooting competitions, relevant programme Mr C.M. Chan, Vice-President of the Law Society of Hong The Hong Kong Maritime Law Scholarship 2018/19 directors and faculty members. Kong shared with the audience that the knowledge and skills Certificate Presentation was held on 20 December 2018. Dean Professor Geraint Howells welcomed all participants of advocacy learnt from the legal study would be beneficial The scholarship recipient was Zhu Siyan. to the Ceremony. He congratulated all the awardees and to students’ lifelong use. The presentation was attended by Professor Geraint thanked the efforts of the school principals, teachers and Mr Philip Dykes SC, Chairman of Hong Kong Bar Howells, Dean of the School of Law and Professor Michael families of the Scholarship recipients. He praised mooters for Association encouraged students to bear in mind the Tsimplis, Fellow of Hong Kong Commercial and Maritime their determination and commitment, extended his heartfelt practicalities when doing advocacy. Law Centre and Professor of the School of Law. congratulations to all the mooters and expressed appreciation After the speeches delivered by the guests, Dr Mark Professor Howells congratulated Ms Zhu on getting the to the coaches and staff involved in mooting. Kielsgard, Director of Mooting, praised the high quality Scholarship. Composition of the Team In order to reward outstanding students who are admitted of the CityU Mooting teams with the great effort, focus Professor Tsimplis wished Ms Zhu would keep active in Coach: Vod K S Chan to the School of Law’s programmes, the School has established and commitment of the mooters. The mooters are the best maritime industry upon completion of the programme. Students: 1) Chan Jeffrey Cheuk-fai (JD) admission scholarships. Four LLB, ten PCLL, three LLM ambassadors of our law school to the legal industry. He Ms Zhu Siyan indicated that she enjoyed the classes and 2) Choi Chung Jing Juno (LLB) and one LLMArbDR students were awarded the 2018/19 also expressed his heartfelt gratitude for the support from has learnt a lot of new knowledge and cases in the classes 3) Lam Oliver Hiu Fung (JD) Admission Scholarships. Our Associate Dean, Professor Lin the University, the Law School, the administrative staff, the that made her more interested in the maritime field. 4) Lau Matthew Chu Ming (JD) Feng and respective Programme Directors presented the coaches and the parents along the way. Admission Scholarship to the programme students. Dean Professor Geraint Howells presented the souvenirs The School was honoured to have the presence of the to all distinguished guests, followed by group photos with following distinguished guests: them.

24 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 25 staff achievements staff achievements

Congratulations to Six Faculty Members Selected Publications awarded General Research Fund (GRF) / Jack Burke Eugene Lim Christoph A. Hafner, Katherine Lynch, Anne Scully-Hill, ‘How Chocolate Wars “Shape” the Law: KitKat, Three-Dimensional John Burke, Rajesh Sharma, “Designing and Evaluating Trade Marks and the Enigma of “Technical Function”’, Hong Kong Early Career Scheme (ECS) Digital Multimedia Resources for Legal English: An Law Journal, Vol. 48, Part 2 of 2018, pp.533 – 554. Interdisciplinary Approach to Innovation”, International The RGC has recently announced the results of the 2019-20 Dr Peter Chan, Dr Stephenson Chow, Dr Ding Chunyan, Journal of Language and Law (JLL) (November 2018), Alexander Loke funding exercise of the General Research Fund (GRF) and Dr Lin Yu Hsin, Dr Julia Tomassetti and Dr Wang Shucheng. pp.142 – 166. “Disagreement over the Illegality Defence”, Journal of Contract Law, Early Career Scheme (ECS). The School of Law continued Competition is fierce and their hard work has paid off. We Vol 35 (2018), 169. to succeed in developing a strong research culture and has congratulate them on their remarkable achievements, and Chow Pok Yin Stephenson obtained six law research grants which indicates that we look forward to their outstanding research outputs. “Commentary on Article 30 of the CRPD: Participation “Hedge Funds: Regulation and Structuring” (with Amit Dhume) have a high quality research environment. in Cultural Life, Recreation, Leisure and Sport” (with in Financial Services Law and Regulation, Tjio, Neo & Lan (eds), Colleagues who did not succeed in this round just narrowly I Bantekas, S Karapapa and E Polymenopoulou) in Academy Publishing (2019) ch 15 (pp.595– 627). The total amount of the six funded projects captured by missed out. They have made considerable efforts in submitting Commentary on the UN Convention on the Rights of the School of Law this year exceeded HK$2.5 million. The high quality proposals. Their work is rarely wasted as it can Persons with Disabilities, I Bantekas, D Anastasiou and M Daniel Pascoe principal investigators are (in alphabetical order) become the groundwork for another bid or research project. Stein (eds), Oxford University Press, (2018) pp.864 – 921. “Making Sense of the Victim’s Role in Clemency Decision-Making” DOI: https://global.oup.com/academic/product/the-un- (2018) International Review of Victimology (with Marie Manikis). convention-on-the-rights-of-persons-with-disabilities- Details of the six funded grants are as follows: 9780198810667?cc=hk&lang=en& Michael Tsimplis “Information Technology in Navigation: Problems in Legal He Tianxiang Implementation and Liability”, (with Papadas, S.), (Accepted/In “To Share Is Fair: The Changing Face of China’s Fair Use press/Filed), Journal of Navigation (2019), pp.1 – 17. Doctrine in the Sharing Economy and Beyond” (with Wang, J.), 35 Computer Law & Security Review, Issue.1 (2019), “The Legal Status and Operation of Unmanned Maritime Vehicles” pp.15 – 28. (with Veal, R. & Serdy, A.), Ocean Development and International Law, published online on 22 Jan 2019. “The UGC Problem in the Copyright Law Amendment Process – From the Comparative Perspective Between Mainland China and Hong Kong” (with Liu, Y.), Law Review, No.1 (2019), pp.123 – 135 ( 刘颖，何天翔：“著作权法修订中的‘用户创造内 容，问题 — 以中国内地与香港的比较为视角，”《法学评论》， 123–135 ). 2019年第1期，第 页

Dr Peter Chan, “Protecting Employees Dr Stephenson Chow, “Self- Dr Ding Chunyan, “Consumer Citizen from Unfair Dismissal in Chinese fulfilment and Human Flourishing: Suits against Food Safety Violations in Courts: An Empirical Study on Serious a Re-examination of Human Rights China” ($455,606). Breach Dismissal Cases” ($424,000). Theories and their Application to the Convention of the Rights of Persons with Disabilities (CRPD)” ($319,484).

Dr Lin Yu-Hsin, “The Politics of Dr Julia Tomassetti, “The Endogeneity Dr Wang Shucheng, “Restrictive Right Corporate Governance in Chinese of Law and Business Practice: to Religious Freedom of Protestant Firms” ($720,415). Transforming All Workers into House Churches in China” ($696,922). ‘Entrepreneurs’” ($282,330).

26 SCHOOL OF LAW | NEWSLETTER SCHOOL OF LAW | NEWSLETTER 27 The Editorial Board would like to thank Ms Agnes Kwok and Ms Judy Xu, as well as members of staff who helped in the preparation of the Newsletter. Dr Peter Chan (Editor-in-Chief), Ms Laveena Mahtani, Dr He Tianxiang