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鄔楓教授professor Lutz-Christian Wolff

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鄔楓教授professor Lutz-Christian Wolff 二零一九年五月 MAY 2019 HK$308 COVER STORY 封面專題 Professor MAY 2019 2019 MAY Lutz-Christian 2019年5月 Wolff Incoming Dean, Faculty of Law, The Chinese University of Hong Kong 鄔楓教授 香港中文大學法律學院 候任院長 CRIMINAL LAW 刑事法 PROFESSION 專業導論 DISPUTE RESOLUTION 解決糾紛 Upskirting – Where is the A Pleading Mess The Hong Kong Legal Industry Should Participate in the Law to Cover the Offence? 狀書撰寫的亂象 Greater Bay Area Development with Open Vision and Wide 裙底偷拍–這項罪行受何 Perspective 法例涵蓋？ 香港法律行業須以遠見及廣闊視野參與大灣區發展 porsche_992_Hong_Kong_Lawyer.pdf 1 15/4/2019 7:22 PM C M Y CM MY CY CMY K 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 www.hk-lawyer.org Editorial Board 編輯委員會 Chairman 主席 Huen Wong 王桂壎 Inside your May issue Nick Chan 陳曉峰 Peter CH Chan 陳志軒 五月期刊內容 Charles CC Chau 周致聰 Michelle Cheng 鄭美玲 編者的話 Heidi KP Chu 朱潔冰 3 EDITOR’S NOTE Julianne P Doe 杜珠聯 會長的話 Elliot Fung 馮以德 4 PRESIDENT’S MESSAGE Steven Brian Gallagher 6 CONTRIBUTORS 投稿者 Warren P Ganesh 莊偉倫 Julienne Jen 任文慧 7 DISCIPLINARY DECISIONS 紀律裁決 Karen Lam 藍嘉妍 Byron TW Leung 梁東華 8 FROM THE SECRETARIAT 律師會秘書處資訊 Stella SY Leung 梁淑儀 Adamas KS Wong 黃嘉晟 11 FROM THE COUNCIL TABLE 理事會議題 Tony YH Yen 嚴元浩 封面專題 THE COUNCIL OF THE 14 COVER STORY 專訪鄔楓教授 LAW SOCIETY OF HONG KONG Face to Face with 香港律師會理事會 Professor Lutz-Christian Wolff 香港中文大學法律學院 Incoming Dean, Faculty of Law, The Chinese 候任院長 President 會長 University of Hong Kong Melissa K Pang 彭韻僖 Vice Presidents 副會長 22 LAW SOCIETY NEWS 律師會新聞 Amirali B Nasir 黎雅明 刑事法 Brian W Gilchrist 喬柏仁 32 CRIMINAL LAW CM Chan 陳澤銘 Upskirting – Where is the Law to Cover the 裙底偷拍–這項罪行受何 Offence? 法 例涵蓋？ Council Members 理事會成員 Thomas ST So 蘇紹聰 37 PROFESSION 專業導論 Stephen WS Hung 熊運信 A Pleading Mess 狀書撰寫的亂象 Billy WY Ma 馬華潤 Cecilia KW Wong 黃吳潔華 42 DISPUTE RESOLUTION 解決糾紛 Denis G Brock 白樂德 The Hong Kong Legal Industry Should 香港法律行業須以遠見及 Nick Chan 陳曉峰 Participate in the Greater Bay Area 廣闊視野參與大灣區發展 Serina KS Chan 陳潔心 Development with Open Vision and Wide Warren P Ganesh 莊偉倫 Simon SC Lai 黎壽昌 Perspective Roden ML Tong 湯文龍 Postage Paid 48 INDUSTRY INSIGHTS 業界透視 Permit HONG KONG LAWYER Hong Kong Robert C Rhoda 羅睿德 E No. 5643 THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 Port Paye Jonathan Ross 羅彰南 66 CASES IN BRIEF 案例撮要 Pierre TH Chan 陳達顯 Eric TM Cheung 張達明 78 PRACTICE SKILLS 實踐技能 Karen Lam 藍嘉妍 Careen HY Wong 黄巧欣 82 PROFESSIONAL MOVES 會員動向 Secretary General 秘書長 律師閒情 Heidi KP Chu 朱潔冰 86 LAWYERS AT LEISURE Balancing Between Work and on the Board 船上的工作與生活平衡 Law Society’s Contact: www.hklawsoc.org.hk PRINTED MATTER If undelivered, please return to 與律師會聯繫 Tel: +852 2846 0500 90 CAMPUS VOICES 法學院新聞Unit F, 14/F., Wah Lik Industrial Centre, Annual Subscription 全年訂閱: HK$3,696 459-469 Castle Peak Road, 106 LEGAL TRIVIA QUIZ #56 法律知識測驗#56Tsuen Wan Thomson Reuters Hong Kong Limited 16/F, Cityplaza 3, Taikoo Shing, Hong Kong Tel: +852 2847 2088 www.thomsonreuters.com ISSN 1025-9554 Subscribe to our FREE e-Newsletter © Copyright is reserved throughout. No part of this publication can be reproduced in whole or part without the express permission of for the latest legal trends and developments in the editor. Contributions are invited, but copies of work should be kept, as Hong Kong Lawyer can accept no responsibility for loss. Hong Kong and China HKlawyer-Carr-Sht.indd 2 www.hk-lawyer.org 1 4/29/18 18:21 MAY 2019 二零一九年五月 HK$308 Managing Editor 執行主編 Ranajit Dam 鄧文杰 [email protected] Tel: +65 6870 3393 Lead Editor 編輯 Navin G. Ahuja [email protected] Tel: +65 87667479 / +852 3008 8928 Design and Production 設計及制作 John Agra [email protected] Translation team 翻譯組 InfoPower Tang Mei Kwan Special thanks to Hong Kong Law Reports & Digest and Reuters News 特別感謝 香港法律彙報與摘錄 及 路透社新聞 For marketing/promotion opportunities please contact: Head of Legal Media Business, Asia & Emerging Markets Amantha Chia 謝京庭 [email protected] Tel: +65 6870 3917 For subscriptions contact: PRINT Traffic Administrator 統籌 Dorothy Yu 余文蔚 SUBSCRIPTION [email protected] Tel: +852 2843 6936 AVAILABLE STAY IN THE KNOW All information and views expressed by contributors and advertisements in Hong Kong Hong Kong Lawyer, as the official monthly magazine of the Lawyer do not necessarily reflect Law Society of Hong Kong, provides the legal community with the official opinion of The Law news and insights necessary to keep abreast of the latest trends Society of Hong Kong. Whilst and developments. every effort is made to ensure editorial and commercial integrity, no responsibility is accepted by The magazine focuses on topical, relevant content through the Publisher or The Law Society features and regular sections, and ensures that each issue is of Hong Kong for the accuracy of read and trusted amongst the legal community. To get it online, material appearing in this journal. simply go to www.hk-lawyer.org. Members are encouraged to contribute but the Editorial Board To receive a hard copy of Hong Kong Lawyer, you can make a single of The Law Society of Hong Kong purchase of HKD308 for 1 issue, or HKD3,696 for 12 issues. reserves the right to publish only To proceed with print subscription, please contact material it deems appropriate. Dorothy Yu at: [email protected] 2 www.hk-lawyer.org May 2019 • EDITOR’S NOTE 編者的話 EDITOR'S NOTE 編者的話 More than 110 incidents of mobile phone users attempting to upskirt 據報道，2013年發生了110多起手機使用 were reported in 2013. Upskirting refers to the taking of sexually 者試圖偷拍裙底的事件。偷拍裙底是指在 intrusive photos or videos beneath a person’s clothing without having 沒有獲得某人同意的情況下，在其衣服下 obtained consent, which is a humiliating violation of that person’s 拍攝侵犯性的照片或視頻，而這是對該人 privacy. Although the perpetrators are generally charged for such 私隱的侮辱性侵犯。雖然犯事者一般因犯 wrongdoing, the prosecutors have been relying on a law which was 有此類罪行而被檢控，但檢控官一直依賴 enacted in 1993, ie prior to the advent of mobile phones. The Criminal 的是於1993年（即在流動電話出現之前） Law feature provides an analysis on whether the existing arrangement 頒佈的一項法律。「刑事法」專欄分析了 is adequate in order to tackle upskirting. 現有的安排是否足以對付偷拍裙底的行 為。 When litigation appears to be unavoidable, the parties to the dispute will be required to exchange pleadings such as a statement of claim, 當訴訟似乎是不可避免時，爭議各方將被要 defence, etc. Assuming the traditional route where solicitors are 求交換如申索書和抗辯書等狀書。假如採用 approached for handling the case and subsequently barristers are 傳統的途徑，即找律師處理案件，然後委託 instructed to plead the case, who ought to draft the pleadings? The 大律師為案件申辯，應由誰來起草訴狀？「 Profession feature explores the situation as well as the standard of 專業導概」專題文章探討了香港狀書的情況 pleadings in Hong Kong. 和標準。 One of the flavours of the month is the Guangdong-Hong Kong-Macao 粵港澳大灣區的發展是這個月的亮點之一， Greater Bay Area development given that its economy is estimated to 因據估計，到2030年，其經濟規模將超過 exceed US$3 trillion by 2030. However, how can legal professional get 3萬億美元。然而，既然涉及不同的稅務、 involved since there are different tax, legal and immigration systems 法律和移民制度，法律專業人士將如何參與 involved? The President’s Message and the Dispute Resolution feature 呢？「會長的話」和「解決糾紛」專題分享 share insights on the project. 了對該項目的見解。 There are two final points to share. First, the journal has been 最後還有兩點要分享。首先，雜誌有了新 given a new look with the columns of text looking neater. Is the 的面貌，文字欄看起來更整潔。變化是 STAY IN THE KNOW change for better or worse? Please share your thoughts by emailing 好是壞？請通過電子郵件navin.g.ahuja@ [email protected]. Second, there have been thomsonreuters.com分享你的想法。其次， queries about Hong Kong Lawyer articles which have not appeared 有人對《香港律師》的文章提出疑問，這些 in the journal but are posted online. I would like to remind our 文章沒有出現在雜誌上，但卻張貼在網上。 readers that they can subscribe to our free e-Newsletter (offered 我想提醒我們的讀者，他們可以訂閱我們的 “exclusively online”) to receive regular updates on the latest 免費電子報（「只在網上」提供），定期獲 trends and developments in Hong Kong and China. Please visit 得有關香港和中國最新趨勢和發展的最新消 http://hk-lawyer.org. 息。請訪問http://hk-lawyer.org. Navin G. Ahuja Navin G. Ahuja Editor, Hong Kong Lawyer 《香港律師》編輯 Legal Media Group Thomson Reuters Legal Media Group 湯森路透 www.hk-lawyer.org 3 • May 2019 PRESIDENT’S MESSAGE 會長的話 Greater Bay Area By setting a clear regional development strategy, the State Council’s Outline Development Plan (“Plan”) for the Guangdong-Hong Kong-Macao Greater Bay Area (“Greater Bay Area”) aims at coordinating the cooperation and development holistically among the nine Pearl River Delta Municipalities Hong Kong’s leading position as an lawyer for Hong Kong solicitors. The (including Guangzhou, Shenzhen international centre of finance, trade, OLQE is a special examination set for Zhuhai, Foshan, Huizhou, Dongguan, asset management, transportation, legal practitioners qualified outside Zhongshan, Jiangmen and Zhaoqing aviation and legal and dispute resolution Hong Kong to gain admission as Hong in Guangdong Province, the “nine PRD services is reaffirmed in the Plan. Kong solicitors, giving proper regard municipalities”) and the two Special Leveraging on Hong Kong’s capabilities to the practice experience of the Administrative Regions, Hong Kong in these areas, the Plan supports Hong candidates in their home jurisdictions. and Macao. Kong to be the regional centre for IP The development of the Greater Bay trading, financing for high tech industries Area enhances the flow of capital, talent The Greater Bay Area, covering a total in the Greater Bay Area, mediation and and knowledge creating opportunities area of 56,000 square kilometers, had arbitration with respect to economic of close interaction, exchanges and a combined population of about 70 and trade activities in the Greater Bay collaboration at all levels within the million and gross domestic product at Area, servicing for investment, financing Greater Bay Area.
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