DOCSLIB.ORG

Vol.19 • No.12 • December 2010 HKIS 2010-2011 General Council SURVEYORS TIMES Editorial Board 香港測量師學會2010-2011年度理事會 測量師時代編輯委員會

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Vol.19 • No.12 • December 2010 HKIS 2010-2011 General Council SURVEYORS TIMES Editorial Board 香港測量師學會2010-2011年度理事會 測量師時代編輯委員會 ISSN 1818-2542 Vol.19 • No.12 • December 2010 HKIS 2010-2011 General Council SURVEYORS TIMES Editorial Board 香港測量師學會2010-2011年度理事會 測量師時代編輯委員會 Office Bearers 執行理事 Honorary Editor Dr Paul Ho President 會長 Wong Bay 黃比 義務編輯 何學強博士 Senior Vice President Serena Lau 高級副會長 劉詩韻 Building Surveying Division Jessie Yue Vice President 副會長 Stephen Lai 賴旭輝 建築測量組 虞偉珠 Honorary Secretary 義務秘書 Edwin Tang 鄧海坤 Honorary Treasurer 義務司庫 Simon Kwok 郭志和 General Practice Division Edward Au 產業測量組 區成禧 Council Members 理事 Land Surveying Division Lesly Lam Building Surveying Division 建築測量組 土地測量組 林力山 Chairman 主席 Vincent Ho 何鉅業 Planning & Development Division Ben Chong Vice Chairman 副主席 Robin Leung 梁志添 規劃及發展組 莊永康 Vice Chairman 副主席 Andrew Kung 龔瑞麟 Property & Facility Management Division Professor Eddie Hui General Practice Division 產業測量組 物業設施管理組 許智文教授 Chairman 主席 Francis Ng 吳恒廣 Quantity Surveying Division Gilbert Kwok Vice Chairman 副主席 Chiu Kam-kuen 趙錦權 工料測量組 郭靖華 Immediate Past Chairman 上任主席 Dr Lawrence Poon 潘永祥博士 Young Surveyors Group Phyllis Yuen Land Surveying Division 土地測量組 青年組 阮樂欣 Chairman 主席 Koo Tak Ming 古德明 Vice Chairman 副主席 Lesly Lam 林力山 The SURVEYORS TIMES Editorial Board welcomes views, opinion and editorial submissions. Editorial articles can be in either the English or Council Member 理事 Chan Yue Chun 陳宇俊 the Chinese language and, if published, will appear only in the language Planning & Development Division 規劃及發展組 submitted. The publication of materials will be at the discretion of the Chairman 主席 Raymond Chan 陳旭明 Editorial Board. Please email [email protected] or fax (852) 2868 4612 or by post to: The SURVEYORS TIMES Editorial Board, Suite 801, Jardine Property & Facility Management Division 物業設施管理組 House, 1 Connaught Place, Central, Hong Kong. SURVEYORS TIMES is the Chairman 主席 Gary Yeung 楊文佳 Institute's official monthly newsletter circulated free of charge to all members Vice Chairman 副主席 Edmond Cheng 鄭錦華 of the Hong Kong Institute of Surveyors. Circulation: 7,500 copies. Honorary Treasurer 義務司庫 Alan Wong 黃盛 No part of this publication may be reproduced or transmitted in any form Quantity Surveying Division 工料測量組 or by any means without the written permission of HKIS. The contents of Chairman 主席 Antony Man 文志泉 this publication do not necessarily reflect the views or opinion of HKIS or its members and no liability is accepted in relation thereto. Advertisements Vice Chairman 副主席 Thomas Ho 何國鈞 appearing imply neither endorsement nor recommendation by HKIS. For Honorary Secretary 義務秘書 Keith Yim 嚴少忠 enquiries, please call 2526 3679. Young Surveyors Group 青年組 Chairman 主席 Arthur Cheung 張文滔 「測量師時代編輯委員會」歡迎各界以任何形式提供意見及稿件，來稿 Vice Chairman 副主席 Kenny Chan 陳志雄 可用英文或中文，一旦選用，文章將以原文語言刊出。所有文章出版權 由上述委員會決定。來函可電郵 [email protected] 或傳真 (852) 2868 Technical Grade 技術會員級 4612或郵寄香港中環康樂廣場1 號怡和大廈801室「測量師時代編輯委員 Representative 代表 Chan Kit Ying 陳傑英 會」收。『測量師時代』月刊免費送贈香港測量師學會會員，每期發行量 7,500份。 Ex-Officio Members 當然成員 除非已得香港測量師學會書面同意，本刊內容不得翻印或以任何形式復 Immediate Past President Professor CHAU Kwong Wing 制。文章內容，立場及意見並不代表香港測量師學會。廣告純屬商業活 上任會長 鄒廣榮教授 動，一律不包含香港測量師學會任何認可。如有查詢，請電2526 3679。 Chairman, Board of Education To be elected 待選 教育委員會主席 All rights reserved©2010 版權所有，翻印必究 Chairman, Board of Membership To be elected 待選 The Hong Kong Institute of Surveyors 香港測量師學會 會籍委員會主席 Chairman, Board of Professional To be elected 待選 Designed and printed by Corporate Press (HK) Ltd. Development 專業發展委員會主席 1 Contents 目錄 FromCall forthe articles Editor 編者話on professional surveying practices 2 From the Editor 編者話 Do you have something about professional surveying practice 3 President's Message 會長的話 which can be shared with our members? The Editorial Board would welcome such contributions for publication in 6 HKIS News 學會簡訊 Surveyors Times. • The HKIS Annual General Meeting 2010 Articles can be in English or Chinese and should be submitted in Word format and include the title of the paper and author's • Profiles of HKIS Office Bearers 2010-11 details. For articles in Chinese, a summary in English will • Mr Wong Bay , HKIS President 2010-11 be required. Submissions must not have been published • HKIS Outstanding Final Year Dissertation Awards 2010 previously. Publication of article will be at the discretion of the Editorial Board whose decision shall be final. Please HKIS Dissertation/Thesis Awards for Postgraduate Students email articles to [email protected]. • Joint Mediation Helpline Office (聯合調解專線辦事 處) Pilot Mediation Scheme Service for Owners in Surveying and Built Environment Prospective Compulsory Sale Cases under the Land (Compulsory Sale for Redevelopment) -Call for Papers Ordinance (Cap.545) Surveying and Built Environment is an international peer • MIPIM ASIA 2010 reviewed journal that aims to develop, elucidate, and explore • The Sixth Cross-Strait-Four-Places Land the knowledge of surveying and the built environment; to Conference keep practitioners and researchers informed on current • “中國 • 上海 2010 工程項目管理國際論壇”的體會 issues and best practices, as well as serving as a platform 和感悟 for the exchange of ideas, knowledge, and opinions among • Council members reaching out surveyors and related disciplines. Surveying and Built Environment publishes original 18 HKIS CPD / PQSL Events contributions in English on all aspects of surveying and surveying related disciplines. Original articles are considered 27 Divisional News & Activities 組別簡訊 for publication on the condition that they have not been published, accepted or submitted for publication elsewhere. 33 Education 增值空間 The Editor reserves the right to edit manuscripts to fit articles • New Railway Projects in Hong Kong within the space available and to ensure conciseness, clarity and stylistic consistency. All articles submitted for publication are subject to a double-blind review procedure. 41 Surveying Practice 測量事務 45 Sports and Recreation 運動娛閒 For Submission Guidelines or enquiries, please contact the Editor of the Surveying and Built Environment Editorial 51 Back Cover Board at Suite 801, 8/F Jardine House, One Connaught Place, Central, Hong Kong; email: [email protected], • HKIS Sports Night 2010 telephone (852) 2526 3679 or fax (852) 2868 4612. 2 Wong Bay Presidential Address Institute needs you and you now have more time to serve the Institute.”- a statement which is always in my mind. Honorable Professor Chau and fellow members, Dear friends, many thanks for your encouragement and motivation which has ignited my passion in life. It has The President’s jewel is of mass and it must have injected much energy for my new job ahead. appreciated in value. The tasks and responsibilities for me ahead are also heavy but challenging. First of all I would Three Objectives like to thank President Chau and Serena Lau for their support and nomination. Without their nomination and As a matter of fact I have done volunteer committee work encouragement, I will not have the opportunity to continue for the Institute for quite a long period of time. I was so serving the Institute. lucky that I had the opportunity to work with so many past presidents and councils since its inauguration in 1984. To Few days ago, I was quite worried that as we don’t have refocus our direction, I revisited what was written in the the excitement of voting this year, we may not have Constitution. Briefly, there are three key objectives: sufficient quorum for this AGM. I was proved wrong. Dear 1. Secure the advancement of the knowledge and fellow members, I am most grateful for your presence that expertise of the surveying profession; we have saved the need and effort to re-organize another 2. Promote, support and protect the status and image of AGM. Thank you so much for your support surveyors in Hong Kong; 3. Maintain and promote the usefulness of the profession A year ago when I retired from the Housing Department, for the public advantage. many colleagues advised me not to stop working. “The These objectives are very embracing but crystal clear. 3 We are indebted to our predecessors who had the our knowledge and expertise. We need to expand wisdom, foresight, and commitment towards these our services to meet the demand in various markets objectives. They had focused their energy and time laying including China. We need to ensure our knowledge is a solid foundation for us. My gratitude to Professor Chau updated and Institute will provide good quality CPD. We and the outgoing council for their valuable contribution! must, however, not forget, as a professional institute we With the support of the new council I am confident that always have a social responsibility. We have to do more the Institute will continue to grow, our knowledge and for the advantage of the public. In the year ahead, we expertise to develop and the status of HKIS to enhance. will continue to be sensitive to public and social affairs and our spokespersons will respond timely to issues With the input from the team of divisional leaders, we will concerning our profession and the public: land, buildings, soon have a retreat session to map out the medium and development, construction, property prices and housing long term strategies for the Institute and I look forward to policies etc …. Through more exposure in public affairs, pooling your brains together. Should you have any ideas I hope the image of surveyors will continue to enhance. or proposals for the Institute please do not hesitate to call May I call upon your support and participation in the me or contact the Divisional representatives. The general activities organized by us. council and office bearers will be more than delighted to listen. May I wish
Load more

Recommended publications
  • OFFICIAL RECORD of PROCEEDINGS Wednesday, 15
    LEGISLATIVE COUNCIL ─ 15 December 2010 3775 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 15 December 2010 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG 3776 LEGISLATIVE COUNCIL ─ 15 December 2010 DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P.
    [Show full text]
  • 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.
    [Show full text]
  • Shandong Hongri Acron Chemical Joint Stock Company Limited, a Company Incorporated in the Mainland, Carries on Business As a Manufacturer of Fertilizers
    CACV 31/2011 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 31 OF 2011 (ON APPEAL FROM HCCT NO 45 of 2009) ____________ BETWEEN SHANDONG HONGRI ACRON CHEMICAL Appellant/ JOINT STOCK COMPANY LIMITED Creditor and PETROCHINA INTERNATIONAL Respondent/ (HONG KONG) CORPORATION LIMITED Debtor ____________ Before : Hon Cheung CJHC, Kwan JA and Lam J in Court Date of Hearing : 13 July 2011 Date of Judgment : 25 July 2011 _______________ J U D G M E N T _______________ - 2 - Hon Cheung CJHC: Facts 1. This is an appeal from the order of Saunders J dated 25 January 2011 relating to an application to enforce an arbitral award dated 21 September 2009. 2. The Applicant, Shandong Hongri Acron Chemical Joint Stock Company Limited, a company incorporated in the Mainland, carries on business as a manufacturer of fertilizers. The Respondent, Petrochina International (Hong Kong) Corporation Limited, a local company, is a supplier of chemical products and commodities. The parties entered into a contract dated 4 July 2008 for the supply of lump sulphur with defined specifications. A total of 3,937.448 tonnes of sulphur were supplied under the contract, and USD3,051,522.20 was paid as purchase price. The Applicant accepted and used 126.87 tonnes but rejected the rest (3,810.578 tonnes) as being of the wrong specifications. It claimed for the return of the balance purchase price in the sum of USD2,953,198 in respect of the rejected sulphur. 3. Pursuant to an arbitration clause in the contract, the parties’ dispute was heard by an arbitral tribunal of the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing.
    [Show full text]
  • Annex Curriculum Vitae of the Honourable Mr Justice Johnson LAM Man-Hon 1. Personal Background Mr Justice Johnson LAM Man-Hon (
    Annex Curriculum Vitae of The Honourable Mr Justice Johnson LAM Man-hon 1. Personal Background Mr Justice Johnson LAM Man-hon (Mr Justice Lam) was born in Hong Kong in August 1961 (now 59). He is married and has one child. 2. Education Mr Justice Lam received his education in Hong Kong. He obtained a Bachelor of Laws degree and a Postgraduate Certificate in Laws from the University of Hong Kong in 1983 and 1984 respectively. 3. Legal Experience Mr Justice Lam was called to the Hong Kong Bar in 1984. He was in private practice in Hong Kong since 1985 until he joined the Judiciary as a District Judge in 2001. 4. Judicial Experience Mr Justice Lam was appointed as a District Judge in 2001. He was appointed as a Judge of the Court of First Instance of the High Court in 2003 and a Justice of Appeal of the Court of Appeal of the High Court in 2012. He was appointed as a Vice-President of the Court of Appeal of the High Court on 2 September 2013. 5. Services and Activities related to the Legal Field 2003-2009 President of the Lands Tribunal 2003-2013 Member, Civil Court Users’ Committee 2008-2011 Probate Judge 2009-2015 Member, Civil Justice Reform Monitoring Committee – Core Group 2009-2015 Member, Civil Justice Reform Monitoring Committee 2011-2013 Judge in charge of the Constitutional and Administrative Law List 2012-2015 Member, Accreditation Sub-committee under Secretary for Justice’s (SJ’s) Steering Committee on Mediation 2013-2019 Chairman, Civil Court Users’ Committee Since 2007 Chairman, Working Party on Mediation Since 2010 Chairman, Working Group on Court Record Management under the Committee on Information Technology Since 2012 Member, SJ’s Steering Committee on Mediation Since 2012 Member, High Court Rules Committee Since 2014 Chairman, Working Group on Family Arbitration Since 2017 Chairman, Family Proceedings Court Users’ Committee ________________ 2 .
    [Show full text]
  • Cb(3)695/20-21
    立法會 Legislative Council (issued by email only) LC Paper No. CB(3) 695/20-21 Ref. : CB(3)/M/OR Tel : 3919 3300 Date : 22 June 2021 From : Clerk to the Legislative Council To : All Members of the Legislative Council Council meeting of 7 July 2021 Proposed resolution under Article 73(7) of the Basic Law and section 7A of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) on appointment of a permanent judge of the Court of Final Appeal The Chief Secretary for Administration will move the above proposed resolution (Appendix 1) at the above meeting. The President has directed that the proposed resolution be printed in the terms in which it was handed in on the Agenda of the Council. 2. The speech which the Chief Secretary for Administration will deliver when moving the proposed resolution is in Appendix 2. (Miranda HON) for Clerk to the Legislative Council Encls. Appendix 1 Appendix 2 (Translation) Speech by the Chief Secretary for Administration at the meeting of the Legislative Council on 7 July 2021 Resolution under Article 73(7) of the Basic Law and Section 7A of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) Appointment of Permanent Judge of the Court of Final Appeal Mr President, I move that the motion under my name, as printed in the Agenda, be passed, that is, this Council endorses the appointment of the Honourable Mr Justice Johnson Lam Man-hon as a permanent judge of the Court of Final Appeal (CFA). Constitutional and statutory framework 2. The CFA is the final appellate court in Hong Kong, hearing both civil and criminal appeals.
    [Show full text]
  • JORC Report 2012
    JORC Report 2012 The work of the Judicial Officers Recommendation Commission (“JORC”) is set out in two separate reports. First, a report entitled “Judicial Officers Recommendation Commission” is published to provide an overall account of the JORC, identifying the different levels of court within its responsibility. Secondly, an annual report is published to report on the work of the JORC during the year. This JORC Report 2012 provides an account of the work of the JORC during 2012. In an effort to contribute to the protection of the environment, we will only upload both Reports on our Website. Geoffrey Ma Chief Justice Chairman of the Judicial Officers Recommendation Commission Membership of JORC 1. In 2012, the Chief Executive re-appointed one member of JORC and appointed three new members to JORC for a term of up to two years until 30 June 2014. The membership in 2012 is listed below – Ex officio chairman and member The Honourable Chief Justice Geoffrey MA Tao-li, GBM (Chairman) The Honourable WONG Yan Lung, GBM, SC, JP (Secretary for Justice) (up to 30 June 2012) The Honourable Rimsky YUEN Kwok-keung, SC, JP (Secretary for Justice) (from 1 July 2012) Judges The Honourable Mr. Justice Roberto Alexandre Vieira RIBEIRO (from 1 July 2010 to 30 June 2012) (from 1 July 2012 to 30 June 2014) The Honourable Mr. Justice Louis TONG Po-sun (from 1 July 2010 to 30 June 2012) The Honourable Mr. Justice Andrew CHEUNG Kui-nung (from 1 July 2012 to 30 June 2014) Barrister and solicitor Mr. Rimsky YUEN, SC, JP (barrister) (from 1 July 2011 to 26 June 2012) Mr.
    [Show full text]
  • Hansard (English)
    LEGISLATIVE COUNCIL ─ 19 October 2011 119 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 19 October 2011 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 120 LEGISLATIVE COUNCIL ─ 19 October 2011 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P.
    [Show full text]
  • Report of the Insider Dealing Tribunal of Hong Kong
    REPORT OF THE INSIDER DEALING TRIBUNAL OF HONG KONG On whether insider dealing took place In relation to the listed securities of CHINESE ESTATES HOLDINGS LIMITED Between November 19-21 1996 (both days inclusive) and on other related questions TABLE OF CONTENTS Page Notice signed by Financial Secretary under (i) section 16(2) of the Securities (Insider Dealing) Ordinance CHAPTER ONE INTRODUCTION 1 a. A brief historical perspective 1 b. The interest of the Securities and Futures 7 Commission c. The constitution of the Tribunal 14 d. Legal representation 16 e. The sending out of ‘Salmon’ letters 16 f. The Preliminary Hearing 17 g. Witnesses called during the inquiry 21 h. The length of the inquiry 22 CHAPTER TWO THE LAW 24 PART ONE: GENERAL LEGAL PRINCIPLES 24 a. The standard of proof 24 b. Consideration of factual evidence 32 c. The drawing of inferences 33 d. Good character 33 e. Demeanour 34 PART TWO: A CONSIDERATION OF THE 34 ORDINANCE a. The securities must be those of a ‘listed 35 Page corporation’ b. The person dealing in the securities must be 35 ‘connected’ to the corporation c. The ‘connected’ person must ‘deal in’ the 35 securities (or their derivatives) or else counsel and procure another person to deal in them. d. At the time of ‘dealing’ the ‘connected’ person 36 must be in possession of information which he knows to be ‘relevant information’ PART THREE: RELEVANT INFORMATION 36 a. Not generally known to those persons who are 37 accustomed or would be likely to deal in the securities of the company … b.
    [Show full text]
  • Grand Pacific Holdings Ltd and Pacific China Holdings Ltd (In Liq) (No 1) ———— (Court of Appeal) (Civil Appeal No 136 of 2011) ————
    [2012] 4 HKLRD 1 Grand Pacific Holdings Ltd and Pacific China Holdings Ltd (in liq) (No 1) ———— (Court of Appeal) (Civil Appeal No 136 of 2011) ———— Tang V-P, Kwan and Fok JJA 6–8 March, 9 May 2012 Arbitration — arbitration award — application to set aside under art.34(2) — whether tribunal (a) rendered party unable to present its case and/or (b) departed from agreed procedure, per art.34(2)(a)(ii) and/or (iv) of the UNCITRAL Model Law — whether error undermined due process and hence constituted violation of art 18 of Model Law — principles for exercise of discretion by court to permit enforcement notwithstanding violation — Arbitration Ordinance (Cap.341) (repealed) s.34C(4) — UNCITRAL Model Law on International Commercial Arbitration arts.18, 34(2)(a)(ii), (iv) [UNCITRAL Model Law on International Commercial Arbitration (Arbitration Ordinance (Cap.609) Sch.1) arts.18, 34(2)(a)(ii), 34(2)(a)(iv)] 仲裁 — 仲裁裁決 — 根據第34(2)條申請撤銷 — 仲裁庭是否(a)令致案中 一方不能陳述案情及/或(b)偏離《貿法委示範法》第34(2)(a)(ii)及/或(iv)條 的商定的程序 — 該錯誤是否損害了正當程序因而構成《示範法》第18 條的違反 — 儘管存在違反，法院行使酌情決定權允許強制執行的原則 — 《仲裁條例》(第341章)「已廢除」第34C(4)條 — 國際商事仲裁《貿 法委示範法》第18、34(2)(a)(ii)、(iv)條 [《貿易法委員會國際商事仲裁示範法》（《仲裁條例》（第609 章）附表1） 第18, 34(2)(a)(ii), 34(2)(a)(iv)條] Pacific China (X) and Grand Pacific (Y) (respectively, the claimant and the respondent in the arbitration), entered into an alleged loan agreement (the Agreement). The Agreement was to be construed and governed by the laws of the State of New York. It also provided for arbitration in Hong Kong, pursuant to the Rules of Arbitration of the International Chamber of Commerce (ICC).
    [Show full text]
  • The Doj Newsletter 2019 Issue 1
    THE DOJ NEWSLETTER 2019 ISSUE 1 A NEW OFFICE TO COORDINATE INCLUSIVE DISPUTE AVOIDANCE AND RESOLUTION INITIATIVES The Inclusive Dispute Avoidance and Resolution Office “Our rule of law and common law system (IDAR Office) has been established in DOJ to lead the have together formed a solid foundation for coordination of initiatives to promote Hong Kong Hong Kong’s status as the leading centre for as a leading hub for international legal and dispute international legal and dispute resolution resolution services. services in the Asia-Pacific region. The Headed by its inaugural Commissioner Dr James Ding, establishment of the IDAR Office will help better the IDAR Office will capitalize on the opportunities coordinate and implement various initiatives offered by the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Greater Bay Area plan. that the Department has been undertaking in the areas of dispute avoidance and resolution.” By improving access to justice and promoting inclusive growth and sustainable development, the IDAR Office aims to contribute to the United Nations 2030 Secretary for Justice Teresa Cheng SC Sustainable Development Goals, in particular Goal in her speech at the Ceremonial Opening of 16, which promotes the rule of law, peace, justice and the Legal Year 2019 on 14 January strong institutions. continued on pages 4 and 5 DOJ Newsletter 2019 Issue 1 THE SECRETARY'S ARTICLE ON SPECIAL ECONOMIC ZONES “Special Economic Zones: A Catalyst for International It provides an overview of the historic development Trade and Investment in Unsettling Times?” by of special economic zones across the world and Secretary for Justice Teresa Cheng SC has been discusses the contemporary challenges and published in the Journal of World Investment & Trade, opportunities in relation to the design of the legal Issue 1 (February 2019), Volume 20 and can be viewed infrastructure of special economic zones with here: https://www.doj.gov.hk/eng/public/pdf/2019/ reference to the HKSAR's experience.
    [Show full text]
  • Justice in Focus Issue One 2021
    JUSTICE IN FOCUS ISSUE ONE 2021 Online Version Features Features Message from the Hong Kong Legal Week 2020 01 Hong Kong Legal Week 2020 Secretary for Justice Basic Law 30th Anniversary Legal Summit – Back to Basics 04 Why Hong Kong Series: “Why Hong Kong is Irreplaceable” Webinar 07 Successfully Held Welcome to our 3rd issue of Justice in Focus. Why Hong Kong Series: “Why Arbitrate in Hong Kong” 08 There is much to celebrate and share about the past Secondment Arrangements with International Organisations for Hong Kong 08 six months, especially following a very successful Lawyers – HCCH Hong Kong Legal Week 2020. As the Department Mutual Legal Cooperation with the Mainland 09 of Justice’s annual flagship event, Hong Kong Legal Updates on Other Developments 10 Week 2020 saw an attendance of over 48,000 online viewers during the week’s livestreamed What's New? webinars and events. Happening at the same time LawTech Developments 11 was the official launch of the Hong Kong Legal Hub Closer Legal Connections to the Greater Bay Area and the “Vision 2030 for Rule of Law” initiative, both New Legislation for Fighting COVID-19 12 of which are landmark developments for further Improving the HKSAR’s Electoral System 13 establishing Hong Kong’s status as an international Global and Mainland Connections legal, deal-making and dispute resolution centre. Department of Justice’s Global and Mainland Connections Map 14 In this Issue, we will also cover recent global and The Department Participates in a Series of Events on Online Dispute Resolution 16 Mainland-based
    [Show full text]
  • Mail :: Inbox: [MFA Members] Sept 30, 2011 Foreign Domestic Workers
    Mail :: Inbox: [MFA members] Sept 30, 2011 Foreign Domestic Workers... http://oswebmail4.pacific.net.hk/imp/message.php?actionID=print_mess... Date: Fri, 30 Sep 2011 11:22:45 +0530 [01:52:45 PM HKT] From: sinapan samydorai <[email protected]> To: (Recipient list suppressed) Reply-To: [email protected] Subject: [MFA members] Sept 30, 2011 Foreign Domestic Workers win landmark Hong Kong residency case Maids win right to apply for Hong Kong residency http://www.bangkokpost.com/lite/news/259043/maids-win-right-to-apply-for-hong-kong-residency A Hong Kong court on ruled a law banning foreign maids from settling permanently in the city was unconstitutional, in a landmark case for domestic helpers. Published: 30/09/2011 at 11:32 AM Filipina and Indonesian Migrant Workers' Union members, seen here leaving the High Court, in support of Evangeline Banao Vallejos, a Filipina maid who has lived and worked in Hong Kong since 1986. The court on Friday ruled a law banning foreign maids from settling permanently in the city was unconstitutional, in a landmark case for domestic helpers. The High Court on Friday said immigration laws barring maids -- mostly from the Philippines and Indonesia -- from applying for permanent residency violated Hong Kong's mini-constitution, known as the Basic Law. The legal action, brought by Evangeline Banao Vallejos, a Philippine domestic helper who has lived in Hong Kong since 1986, has cast a spotlight on the financial hub's treatment of its army of 292,000 domestic helpers. "My conclusion is that on the common law interpretation approach the impugned provision is inconsistent with (Hong Kong's Basic Law)," Judge Johnson Lam wrote in a ruling issued Friday.
    [Show full text]