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201211 HK Lawyer.Pdf 二零一二年十一月 NOVEMBER 2012 HK$280 HONG KONG LAWYER HONG KONG HONG KONG LAWYER 香港 THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 律師 h k - l a w y e r . org NOVEMBER 2012 2012 封面專題 年 11 專訪包致金法官： 月 在法律界的一生 Cover Story Face to Face With Justice Kemal Bokhary: A Life in Law FUNDS 基 金 FAMILY LAW 家 庭 法 IHL FOCUS 企 業 律 師 焦 點 Unleashing the Qualified Foreign Investor Putting more focus on children: Bonuses – The dangers of 放寬對合格境外投資者的規限 the Children’s Dispute Resolution oral announcements Pilot Scheme 花紅—口頭公佈的危險 ON CHINA 中 國 實 務 更側重於兒童： Dealing with China’s card monopoly 兒童糾紛調解試點計劃 中國電子支付服務市場 香 港 律 師 港 律 香 www.hk-lawyer.org Hong Kong Lawyer 香港律師 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 十一月期刊內容 Jenkin SF Chan 陳少勳 Charles CC Chau 周致聰 Heidi KP Chu 朱潔冰 Steven B Gallagher Julienne Jen 任文慧 Dave Lau 劉子勁 Hans Mahncke George YC Mok 莫玄熾 Anne Scully-Hill Michele Tsang 曾憲薇 Adamas KS Wong 黃嘉晟 Cecilia KW Wong 黃吳潔華 Tony Yen 嚴元浩 THE COUNCIL OF THE LAW SOCIETY OF HONG KONG 香港律師會理事會 14 LAW SOCIETY NEWS Young solicitors and law students taking time out with primary school students President 會長 Dieter LT Yih 葉禮德 年輕律師與法律系學生與小學生一同參與活動 Vice-Presidents 副會長 Stephen WS Hung 熊運信 Ambrose SK Lam 林新強 Council Members 理事會成員 Denis Brock 白樂德 Charles CC Chau 周致聰 Brian Gilchrist 喬柏仁 28 COVER STORY “As a student you Junius KY Ho 何君堯 need to have a good memory for cases – Angela WY Lee 李慧賢 as a barrister it is facts which you need Joseph CW Li 李超華 to remember. But in any case you need Michael J Lintern-Smith 史密夫 a good memory.” Peter CL Lo 羅志力 15 LAW SOCIETY NEWS The Law Society Dragon 「學生須要牢記案例，大律師須要牢記案 馬華潤 Billy WY Ma Boat Team strikes gold 情。說到底，你的記性要很好。」 Amirali B Nasir 黎雅明 律師會的龍舟隊勇奪金牌 Gavin P Nesbitt 倪廣恒 Kenneth SY Ng 伍成業 COVER On the balcony of Justice Bokhary’s office at the CFA 封面 在包致金法官的終審法院辦公室陽台上 Melissa K Pang 彭韻僖 Sylvia WY Siu 蕭詠儀 Thomas ST So 蘇紹聰 Cecilia KW Wong 黃吳潔華 3 EDitor’S Note 編者的話 Huen Wong 王桂壎 4 PRESIDENT’S Message 會長的話 Secretary-General 秘書長 Heidi KP Chu 朱潔冰 6 PUBLISHER’S note 出版者的話 Law Society’s Contact: www.hklawsoc.org.hk 7 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 LAW SOCIETY NEWS 律師會新聞 Thomson Reuters 20 SPECIAL report 特別報告 10/F, Cityplaza 3, Taikoo Shing, Hong Kong Tel: +852 3762 3200 Views from Barcelona - www.thomsonreuters.com AIJA 50th Annual Congress ISSN 1464-6595 28 August to 1 September 2012, Barcelona © Copyright is reserved throughout. No part of AIJA第51屆週年大會於2012年8月28日至9月1日在 this publication can be reproduced in whole or 巴塞羅那舉行 ─ 後感 part without the express permission of the editor. Contributions are invited, but copies of work should 封面專題 be kept, as Hong Kong Lawyer can accept no 28 COVER STORY responsibility for loss. Face to Face With Justice Kemal Bokhary: A Life in Law 專訪包致金法官：在法律界的一生 NOVEMBER 香港 2012 二零一二年十一月 律師 HK$280 Editor 編輯 Vince Chong 張哲寧 [email protected] Chinese Editor 中文編輯 38 FUNDS 基 金 Edmund Cham 湛樹基 Unleashing the Qualified Foreign Investor Design and Production 設計及制作 放寛對合格境外投資者的規限 Gary Wu 胡國輝 Samson Pang 彭振生 44 FAMILY LAW 家 庭 法 Sales and Marketing Director 銷售總監 Jane Lewis 劉真美 Putting more focus on children: Managing Editor 執行主編 the Children’s Dispute Resolution Pilot Scheme Vince Chong 張哲寧 [email protected] 更 側 重 於 兒 童： Publishing Director 出版人 兒童糾紛調解試點計劃 Neerav Srivastava 史立楓 [email protected] 50 IHL FOCUS 企業律師焦點 Hong Kong Lawyer Online Bonuses – the dangers of oral announcements 香港律師在線 Robert Head 花紅—口頭公佈的危險 Rocky So 蘇衍成 中國實務 Translation team 翻譯組: 56 ON CHINA Natalie Lee 李頴琳 Dealing with China’s card monopoly Johnny Au 區仲禮 中國電子支付服務市場 Staff contributors 內部貢獻: Neerav Srivastava 史立楓 62 INDustry INSIGHTS 業界透視 Kamilia Lahrichi 柳秋智 Vivian Leung 梁靜妍 72 CASES IN BRIEF 案例撮要 Kim Leung 梁景文 Special thanks to Reuters News 78 Legislation UPDates 立法新知 特別感謝路透社新聞 For enquiries about advertising contact: 79 professional moves 會員動向 Account Manager 客戶經理 Henry Cheng 鄭裕康 82 AFTER WORK 工餘閒情 [email protected] Tel: +852 3762 3410 Let your cups never rest! - Li Bai For subscriptions contact: 「杯莫停」- 李白 Traffic Administrator統籌 Vivian Leung 梁靜妍 88 the last worD 趣 味 [email protected] Tel: +852 3762 3268 Publisher 出版人 Klaus Pfeifer 范梓樺 [email protected] 82 AFTER WORK “Wine is not supposed to be snobbish. It is supposed to be fun and approachable.” 「葡萄酒本當充滿樂趣、平易近人， 而不是俗不可耐」。 44 FAMILY LAW “The focus is on the best interests of the children as well as the duties and responsibilities of their parents.” 38 FUNDS PRC regulators have relaxed rules to attract more foreign investment. 「側重點為兒童的最佳利益以及有關 父母的義務與責任。」 中國管理者放寬規則以吸引國外投資 EDitor’S note 編 者 的 話 Editor’S Note 編者的話 We at Sweet & Maxwell collected tons of feedback when tasked with 本出版社獲香港律師會委託出版並革新其會刊《香港律 the revamp of Hong Kong Lawyer. Perhaps the three most common 師》，深感榮幸。我們在籌備本期《香港律師》的過程 responses were that it needs: 中，曾徵詢律師業界對這本刊物的看法，並獲多位律師賜 1. more short, snappy and current articles (“because it is after all a 予寶貴的意見和建議，我謹此表示謝意。律師們普遍希望 society/association practitioner’s magazine”); 《香港律師》作出下列改變： 2. a fresh lighter feel in terms of design and layout, as well as livelier 一、 刊登更多簡潔、而有力的文章(「因為畢竟《香港律 photos/art work (“it is not an academic law journal”); 師》主要是供業務繁忙的執業律師閱讀的刊物」)； 3. more content targeted at groups such as in-house lawyers 二、 配合更輕柔的全新版面設計和更生動有趣的照片和插 (“prospective law firm clients”), the pro bono community (“Hong 圖(「《香港律師》並非一本學術期刊)； Kong is a developed jurisdiction and hence needs to give more focus to this”), and the overworked lawyer/business person (“more 三、 加入更多專為企業律師(「律師行的潛在客戶」)、公益 food reviews and travel pieces please, perhaps also an Agony Aunt 社群(「作為成熟的司法管轄區，香港有需要更關注公 column”) 益事務」)及被繁重的工作壓迫得喘不過氣的律師和商 We hear you, and we shall shape Hong Kong Lawyer towards gradually 人(「請刊載更多關於飲食、旅遊等文章，以及考慮增 meeting these responses, both in print and online at www.hk-lawyer. 設信箱式的傾訴和諮詢專欄)等群組而設的內容。 org, while adhering to basic editorial tenets such as provision of 我們明白到各位的訴求，而在堅守基本編輯原則(例如確 balanced views, content integrity and subject relevance. Our website 保文章持平地表達各種觀點、文章內容完善和文章主題 will be up early this month, and please do sign up for our enewsletter at 與法律業界有關等等)的同時，我們將逐步改革《香港律 www.sweetandmaxwell.com.hk/hk-lawyer. 師》印刷本及網上版本(www.hk-lawyer.org)，以迎合廣大 However, we will also need your help, in terms of contribution, to make 讀者的需要。網站將會在本月初開始運作，並在(www. this publication even more relevant to you, the reader. For example, I sweetandmaxwell.com.hk/hk-lawyer)登記接收我們的電子報。 was scouring the internet for legal humour and found that none of these sites - those in English at least – were based in Asia, much less in Hong 我們亦希望各位踴躍為《香港律師》撰文，令本刊與各位 Kong. So why not start a Legal Humour, Hong Kong column right here? 以至廣大讀者更加息息相關。舉例說，不久前我在網上搜 After all, I do have funny lawyer friends who laugh at themselves, albeit 尋一些詼諧的法律故事，而在過程中，我發覺這類網站(或 only from time to time. Alright, that was lame but you get my point. 至少英文網站)無一源於亞洲，更遑論源於香港。我們何不 Which is to call on you to write in to us with original jokes/anecdotes, 就在本刊創設一個屬於香港的「法律趣事」專欄？畢竟， travel pieces and food reviews, or simply issues at work that you feel 我確有一些喜歡不時自我幽默一番的律師朋友。不錯，這 needs to be shared. In return, if you are published, we will put up a 個例子不大貼切，但我相信各位知道我的想法。 profile of you in our all-new Contributors page, a concept well-received 所以，我誠邀各位向我們提供原創的笑話/趣聞、旅遊見 by feedback groups that were shown our proposed version of Hong Kong Lawyer. 聞、食評，或在日常工作過程中遇到的各位認為值得與大 家分享的事情。假如來稿獲本刊刊登，我們將把投稿人的 Please also tell us what you think of this publication or the stories that 簡歷刊載在本刊新設的「投稿者」專頁。這一個由我們構 we have featured, along with suggestions for improvement because, as with everything in life, we aim only to better ourselves. 思的概念，曾得到多方的積極反應。 We hope you enjoy our maiden effort, and all else that is to come. 此外，我們歡迎各位就本刊的內容和其他方面賜予意見和 建議，令本刊能不斷進步，貫徹我們精益求精的宗旨。 Thank you, 誠盼各位喜歡和支持本期及以後每一期的《香港律師》! Vince Chong Editor, Hong Kong Lawyer 張哲寧 Managing Editor, Sweet & Maxwell 《香港律師》編輯 Thomson Reuters Sweet & Maxwell執行主編 [email protected] 湯森路透 www.hk-lawyer.org 3 Hong Kong Lawyer 香港律師 • NOVEMBER 2012 PRESIDENT’S MessaGE 會長的話 Mr. Dieter Yih, President 葉 禮 德，會 長 an expansion of the legal service market but is aware of the potential problems ❝ I would like to commend our Working Party on Qianhai Project on the core values of the legal profession for their hard work and tireless efforts in exploring innovative posed by radical innovations, like ABS ways to capitalize on the opportunities open to Hong Kong legal which allow passive non-lawyer investors practitioners in the development of Qianhai. in business organisations that provide, among other services, legal services. Qianhai is situated in the west of to be sustainable. What is required The Report thus recommends that as Shenzhen enroute of the proposed is a mechanism that enables a closer a first step, partnership associations be railway link between the two airports of bond between the two parties to create allowed to operate as a legal disciplinary Hong Kong and Shenzhen. Since 2001, a seamless integration of talents and practice (“LDP”). The UK model of the state and local government of the opportunities. LDP refers to a law firm which has up PRC have promulgated a series of laws, On this front, the Report recommends to 25% non-lawyer partners.
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