Director of Administration's Letter Dated 22 May 2019
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WHY HONG KONG Webinar Series
SPONSORS SUPPORTERS MEDIA PARTNER OGEMID WHY HONG KONG webinar series 31 MAY 2021 16:00 - 19:00 (GMT+8) The third edition of the ‘Why Hong Kong’ webinar series – ‘Why Use Hong Kong Law’ will provide major highlights of the substantive law of Hong Kong, presenting an in-depth and well-rounded analysis on the distinctive advantages of using Hong Kong law from different perspectives. Top-tier practitioners will be drawing on their solid experience to shed light upon the unique strengths of Hong Kong law in a broad spectrum of important areas ranging from litigation and restructuring to intellectual property, maritime and construction. Speakers will also bring to the fore unique aspects of Hong Kong law that provides unparalleled promising opportunities for worldwide companies and investors. Renowned for its solid yet transparent legal regime with an infinite number of business opportunities and exceptional dispute resolution service providers, Hong Kong shall remain a leading international business and dispute resolution hub for years to come. FREE REGISTRATION https://zoom.us/webinar/register/WN_FTNJ2Oc1Sv2eSYQvj9oi8g Enquiries For further details, please visit event website [email protected] https://aail.org/2021-why-use-hk-law/ TIME (GMT+8) PROGRAMME Welcome Remarks 16:00–16:05 • Ms Teresa Cheng GBS SC JP Secretary for Justice, Hong Kong Special Administrative Region of the People’s Republic of China Keynote Speech 16:05–16:25 • The Honourable Mr Justice Jeremy Poon Chief Judge of the High Court, Hong Kong Special Administrative Region of -
Margaret Fong 方舜文 Melissa K
二零二一年七月 JULY 2021 HK$308 COVER STORY 封面專題 JULY 2021 2021 JULY Margaret 2021年7月 Fong Executive Director, Hong Kong Trade Development Council 方舜文 香港貿易發展局總裁 DATA PRIVACY 個人資料私隱 SECURITIES LAW 證券法 CIVIL PROCEDURE 民事訴訟程序 Limiting Disclosure of Personal Analysis of The Exchange’s Reform of Submitting to the Jurisdiction Data in the Companies Register the Main Board Profit Requirement – 接受司法管轄 Will Help Curb Doxxing Right Time for Hong Kong To Move On? 限制公司登記冊披露個人資料 港交所改革主板盈利規定之分析 —— 將有助遏止「起底」 香港改革是否正當其時? 100 95 75 25 5 0 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 www.hk-lawyer.org Editorial Board 編輯委員會 Chairman 主席 Huen Wong 王桂壎 Nick Chan 陳曉峰 Inside your July issue Peter CH Chan 陳志軒 七月期刊內容 Charles CC Chau 周致聰 Michelle Cheng 鄭美玲 Heidi KP Chu 朱潔冰 Julianne P Doe 杜珠聯 3 EDITOR’S NOTE 編者的話 Elliot Fung 馮以德 Warren P Ganesh 莊偉倫 4 PRESIDENT’S MESSAGE 會長的話 Julienne Jen 任文慧 Karen Lam 藍嘉妍 6 CONTRIBUTORS 投稿者 Bernard Yue 余志匡 Stella SY Leung 梁淑儀 8 DISCIPLINARY DECISION 紀律裁決 Sauw Yim 蕭艷 Adamas KS Wong 黃嘉晟 12 FROM THE SECRETARIAT 律師會秘書處資訊 Tony YH Yen 嚴元浩 15 FROM THE COUNCIL TABLE 理事會議題 THE COUNCIL OF THE LAW SOCIETY OF HONG KONG 17 COVER STORY 封面專題 香港律師會理事會 Face to Face with 專訪 President 會長 Margaret Fong 方舜文 Melissa K. Pang 彭韻僖 Executive Director, Hong Kong Trade 香港貿易發展局總裁 Development Council Vice Presidents 副會長 Amirali B. Nasir 黎雅明 23 LAW SOCIETY NEWS 律師會新聞 Brian W. Gilchrist 喬柏仁 C. M. Chan 陳澤銘 28 NOTARIES NEWS 香港國際公證人協會新聞 Council Members 理事會成員 30 DATA PRIVACY 個人資料私隱 白樂德 Denis Brock Limiting Disclosure of Personal Data in 限制公司登記冊披露個人資料將 莊偉倫 Warren P. -
URBAN PLANNING and ENVIRONMENTAL LAW QUARTERLYQUARTERLY (Published Since May 1992)
An Association of Asian Commercial Law Firms FRED KAN & CO. Solicitors & Notaries URBAN PLANNING AND ENVIRONMENTAL LAW QUARTERLYQUARTERLY (Published since May 1992) We are confronted increasingly by examples of the government’s reluctance to fairly and resolutely enforce our planning and environment-protection laws: from slow or no reactions to illegal roads in country parks and bending planning laws to accommodate developers’ ambitions, to almost a state of denial of worsening air and water pollution. However, a long-standing record of inadequate penalties for environmental offences also contributes to this sorry state of affairs. The Editors ● WDO CONTENTS WEAK PENALTIES 1st offence - $200,000 and 6 months imprisonment UNDERMINE ENFORCEMENT 2nd (etc) offence - $500,000 and imprisonment for 6 months OF ENVIRONMENTAL LAWS ● WPCO FEATURE: Page We often hear and read criticism of the apparent lack of 1st offence - $200,000 and 6 months imprisonment political will in Hong Kong to monitor and resolutely 2nd (etc.) offence - $400,000 (plus $10,000 per day for WEAK PENALTIES UNDERMINE enforce our environment-protection and planning laws. continuing offence) and 6 months imprisonment Over the years, the UPELQ has from time to time made ENFORCEMENT OF ENVIRONMENTAL the same criticism of Hong Kong’s environmental agencies, ● APCO LAWS ................................................................1 mainly in the context of anti-pollution laws and laws Section 10(7)(a) (failure to comply with abatement designed to protect our natural environment. notice) – fine of $500,000 (plus $100,000 per day for continuing TOWN PLANNING ...........................................3 We make no apology for doing so again. Specifically, in offence) and imprisonment for 12 months. -
FG Hemisphere Associates LLC V. Democratic
CACV 373/2008 & CACV 43/2009 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 373 OF 2008 & NO. 43 OF 2009 (ON APPEAL FROM HCMP NO. 928 OF 2008) BETWEEN FG HEMISPHERE ASSOCIATES LLC Plaintiff (Appellant) And DEMOCRATIC REPUBLIC OF THE CONGO 1st Defendant (Respondent) CHINA RAILWAY GROUP (HONG KONG) 2nd Defendant LIMITED CHINA RAILWAY RESOURCES 3rd Defendant DEVELOPMENT LIMITED CHINA RAILWAY SINO-CONGO MINING 4th Defendant LIMITED CHINA RAILWAY GROUP LIMITED 5th Defendant And SECRETARY FOR JUSTICE Intervener Before: Hon Stock VP, Yeung JA and Yuen JA in Court Dates of Hearing: 28-31 July, 3-4 August 2009 Date of Handing Down Judgment: 10 February 2010 - 2 - J U D G M E N T Hon Stock VP: Introduction 1. In April 2003 arbitral awards were made in France and Switzerland against the Democratic Republic of Congo (DRC). France and Switzerland are parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The plaintiff company has acquired the benefit of those awards and has obtained leave in Hong Kong to enforce the awards and injunctions to prevent third parties transferring assets allegedly due to the DRC. The DRC has claimed immunity from jurisdiction and from the process of execution. The Court of First Instance has set aside leave and the injunctions. This is an appeal from that decision. 2. This appeal addresses the questions whether an application for leave to enforce an arbitral award made under the New York Convention against a State impleads that foreign State; whether the law of Hong Kong requires application of the doctrine of absolute state immunity from jurisdiction and execution, as opposed to the restrictive doctrine; and whether by agreeing to refer a dispute to arbitration in a New York Convention country, to be conducted according to the Rules of the International Chamber of Commerce (ICC), a foreign State which is not a party to the Convention waives such state immunity from jurisdiction and execution to which it is otherwise entitled. -
SCHOOL of LAW NEWSLETTER School of Law City University of Hong Kong
Volume 15 No.1 March 2021 SCHOOL OF LAW NEWSLETTER School of Law City University of Hong Kong CityU School of Law is a premier law school with a history of excellence and the vision to become one of the great law schools in the Asia-Pacific region. The mission of the School is to provide students with an excellent education and to contribute to the advancement of knowledge. Through cooperation with other law schools and professional organizations, the School aims to foster an environment in which both students and staff develop and use their legal knowledge, professional skills and expertise for the benefit of Hong Kong and the region. Our Programmes on offer: Undergraduate and Taught Postgraduate Programmes Bachelor of Laws (LLB) Juris Doctor (JD) Postgraduate Certificate in Laws (PCLL) Master of Laws (LLM) Master of Laws in Arbitration and Dispute Resolution (LLMArbDR) Professional Doctorate Programme Doctor of Juridical Science (JSD) Research Degree Programmes Doctor of Philosophy (PhD) Master of Philosophy (MPhil) For further information, please contact us at 3442-8008 @ [email protected] School of Law School of Law School of Law Website WeChat Facebook Contents 04 Focus of the Issue 06 School News 11 School Events 20 Research Centres 28 Student Achievements 29 Staff Achievements Published by School of Law, City University of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong SAR. Please send your comments to [email protected] @2021 CityU School of Law. All rights reserved. SCHOOL OF LAW — NEWSLETTER — 3 FOCUS OF THE ISSUE Insights from the Inaugural Asian Law Schools Association Deans’ Congress on the Future of Law Schools and Legal Education The Asian Law Schools Association (ALSA) was 3. -
Hong Kong's Civil Disobedience Under China's Authoritarianism
Emory International Law Review Volume 35 Issue 1 2021 Hong Kong's Civil Disobedience Under China's Authoritarianism Shucheng Wang Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Shucheng Wang, Hong Kong's Civil Disobedience Under China's Authoritarianism, 35 Emory Int'l L. Rev. 21 (2021). Available at: https://scholarlycommons.law.emory.edu/eilr/vol35/iss1/2 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. WANG_2.9.21 2/10/2021 1:03 PM HONG KONG’S CIVIL DISOBEDIENCE UNDER CHINA’S AUTHORITARIANISM Shucheng Wang∗ ABSTRACT Acts of civil disobedience have significantly impacted Hong Kong’s liberal constitutional order, existing as it does under China’s authoritarian governance. Existing theories of civil disobedience have primarily paid attention to the situations of liberal democracies but find it difficult to explain the unique case of the semi-democracy of Hong Kong. Based on a descriptive analysis of the practice of civil disobedience in Hong Kong, taking the Occupy Central Movement (OCM) of 2014 and the Anti-Extradition Law Amendment Bill (Anti-ELAB) movement of 2019 as examples, this Article explores the extent to which and how civil disobedience can be justified in Hong Kong’s rule of law- based order under China’s authoritarian system, and further aims to develop a conditional theory of civil disobedience for Hong Kong that goes beyond traditional liberal accounts. -
Cacc 320/2016 [2020] Hkca 184 in the High Court of the Hong
A A B B C CACC 320/2016 C [2020] HKCA 184 D D IN THE HIGH COURT OF THE E HONG KONG SPECIAL ADMINISTRATIVE REGION E COURT OF APPEAL F F CRIMINAL APPEAL NO 320 OF 2016 G (ON APPEAL FROM HCCC NO 84 OF 2016) G H H BETWEEN I HKSAR ResponDent I anD J J GUTIERREZ ALVAREZ Keishu MerceDes Applicant K K L L Before: Hon Poon CJHC, Lam VP anD Macrae VP in Court Dates of Hearing: 6 anD 7 November 2019 M M Date of JuDgment: 25 March 2020 N N O J U D G M E N T O P P Hon Macrae VP (giving the JuDgment of the Court): Q Q 1. On 6 October 2016, the applicant was unanimously convicteD R before Barnes J (“the juDge”) anD a jury of a single count of trafficking in R a Dangerous Drug, namely 1,995 grammes of a solid containing S S 1,664 grammes of cocaine, contrary to section 4(1)(a) anD (3) of the T T Dangerous Drugs OrDinance, Cap 134. On the same Day, she was U U V V A - 2 - A B B sentenced to 25 years’ imprisonment. She now appeals against both C C conviction anD sentence. On 7 November 2019, we reserveD juDgment in this matter anD said we would hand down our juDgment anD the reasons D D therefor in due course. E E Procedural history F F 2. Original perfecteD grounDs of appeal against conviction were G G fileD on 14 March 2017 by the applicant’s then leaDing counsel, H H Mr GerarD McCoy SC. -
Foundation Yearbook 2019
CONTENTS 004 Message from the Chairman 007 Message from the Headmaster 008 Board of Directors 010 Sub-committees 015 Total Funds Raised 016 Endowment Fund 017 Annual Giving 018 Our Projects 020 Investment Report 022 Tiers of Recognition 030 Reunion Class Gifts 036 DBS 150th Anniversary 047 Acknowledgement of Event Sponsors 002 I I 003 MESSAGE from THE CHAIRMAN I am incredibly proud and excited to chair DBS Foundation and witness the 150th Anniversary of the School. The Most Revd. DR. PAUL KWONG Archbishop of Hong Kong Funds raised through various programmes of the Foundation have provided the School with excellent resources to nurture boys and develop them to their full potential. I would like to extend my deepest gratitude to our directors and sub-committee members for their dedication and remarkable efforts throughout the year. I would also like to thank our Old Boys, parents and friends for their continued support and generous contribution. I hope you would enjoy reading this fifth Foundation report and pray that you would continue to support our work. 004 I Photo Credit: Diocesan Media Group of DBS MESSAGE from THE HEADMASTER RONNIE CHENG Class of '83 DBS has a long history of academic excellence and extra-curricular prowess, galvanised by a strong spirit connecting current and past students. We recognise and respect each other's differences within an environment which enables students to excel in their respective areas of strength. The generosity of our Old Boys, parents and friends of DBS, through their contribution to DBS Foundation, has provided the necessary resources which enable students to reach their full potential. -
Members of the International Hague Network of Judges
on International Child Protection 35 Members of the International CANADA Hague Network of Judges The Honourable Justice Jacques CHAMBERLAND, Court of Appeal of Quebec (Cour d’appel du Québec), Montreal (Civil List as of November 2013 Law) ARGENTINA The Honourable Justice Robyn M. DIAMOND, Court of Queen’s Bench of Manitoba, Winnipeg (Common Law) Judge Graciela TAGLE, Judge of the City of Cordoba (Juez de la Ciudad de Córdoba), Córdoba CHILE AUSTRALIA Judge Hernán Gonzalo LÓPEZ BARRIENTOS, Judge of the Family Court of Pudahuel (Juez titular del Juzgado de Familia The Honourable Chief Justice Diana BRYANT, Appeal de Pudahuel), Santiago de Chile Division, Family Court of Australia, Melbourne (alternate contact) CHINA (Hong Kong, Special Administrative Region) The Honourable Justice Victoria BENNETT, Family Court of Australia, Commonwealth Law Courts, Melbourne (primary The Honourable Mr Justice Jeremy POON, Judge of the contact) Court of First Instance of the High Court, High Court, Hong Kong Special Administrative Region AUSTRIA Deputy High Court Judge Bebe Pui Ying CHU, Court of First Dr. Andrea ERTL, Judge at the District Court of Linz Instance, High Court, Hong Kong Special Administrative (Bezirksgericht Linz), Linz Region, Hong Kong BELGIUM COLOMBIA Ms Myriam DE HEMPTINNE, Magistrate of the Court of Doctor José Guillermo CORAL CHAVES, Magistrate of the Appeals of Brussels (Conseiller à la Cour d’appel de Bruxelles), Civil Family Chamber of the Superior Court for the Judicial Brussels District of Pasto (Magistrado de la Sala Civil Familia del Tribunal Superior del Distrito Judicial de Pasto), Pasto BELIZE COSTA RICA The Honourable Justice Michelle ARANA, Supreme Court Judge, Supreme Court of Belize, Belize City Mag. -
Celebrating Our 30Th Anniversary
CityU Design and Production Services UP Volume 12 No.1 Feb 2018 produced by Interviewing Dean Howells Reporting on General Research Fund (GRF) / Early Career Scheme (ECS) Results Celebrating Our 30th Anniversary The Editorial Board would like to thank Agnes Kwok, Esther Wong 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 Volume 11 No. 1 ∙ Feb 2018 Content Volume 11 No. 1 ∙ Feb 2018 1 Focus of the issue 2 30th Anniversary Events 3 School Events 4 Student Achievements 5 Research Centres 6 Staff Achievements Published by School of Law, CityU, Tat Chee Avenue, Kowloon Tong Designed and printed by City University of Hong Kong Press Please send your comments to [email protected] ©2017 CityU School of Law. All rights reserved. Volume 11 No. 1 ∙ Feb 2018 3 FOCUS OF THE ISSUE Interviewing Dean Howells Blueprint for the School of Law Developing a world-class Q. As the leader of CityU Law School for three years now, could research profile you share with us your thoughts on the School’s strategic Q. How have your efforts for development in the years ahead? promoting active research among faculty been faring? A. We have a suite of programmes that work well for Hong Kong and the region. We may make strategic additions, but our main A. We are investing in our own goal is to increase the number of quality students taking our talent and attracting scholars courses. We also want to ensure our teaching is underpinned by from universities in the region quality research and investing in our research is a major priority. -
School of Law N E W S L E T T
Volume 13 No.2 JULY 2019 SCHOOL OF LAW NEWSLETTER School of Law City University of Hong Kong 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 Bachelor of Laws (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 University of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong SAR. -
Director of Administration's Letter Dated 12 May 2021
Enclosure A Press Statement Senior Judicial Appointment: Permanent Judge of the Court of Final Appeal ************************************************************** The Chief Executive, Mrs Carrie Lam, has accepted the recommendation of the Judicial Officers Recommendation Commission (JORC) on the appointment of the Honourable Mr Justice Johnson LAM Man-hon (Mr Justice Lam), Vice-President and Justice of Appeal of the Court of Appeal of the High Court, as a permanent judge of the Court of Final Appeal. Subject to the endorsement of the Legislative Council, the Chief Executive will make the appointment under Article 88 of the Basic Law. Mrs Lam said, “I am pleased to accept the JORC’s recommendation on the appointment of Mr Justice Lam as a permanent judge of the Court of Final Appeal. Mr Justice Lam is an all-rounded appellate Judge who possesses rich experience and expertise in handling civil cases of all types, including in particular public law and constitutional law cases. His judgments are well-reasoned and balanced. They are regularly reported in the law reports and cited in arguments and judgments. He also has extensive experience in steering reforms to improve on the administration of justice. He will be a great asset to the Court of Final Appeal.” Article 90 of the Basic Law provides that the Chief Executive shall obtain the endorsement of the Legislative Council on the appointment of the judges of the Court of Final Appeal. The Government will seek the endorsement of the Legislative Council of the recommended appointment in due course. The curriculum vitae of Mr Justice Lam is at Annex.