DOCSLIB.ORG

HONG KONG LAWYER the OFFICIAL JOURNAL of the LAW SOCIETY of HONG KONG 香港律師會會刊 H K - L a W Y E R

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
HONG KONG LAWYER the OFFICIAL JOURNAL of the LAW SOCIETY of HONG KONG 香港律師會會刊 H K - L a W Y E R 二零一三年十一月 NOVEMBER 2013 HK$280 HONG KONG LAWYER THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 h k - l a w y e r . org COMMERCIAL 商 業 Clicking in Place – The Impact of the New Trade Descriptions Law 蓄勢待發 — 新商品說明法的影響 COMPETITION 競 爭 The New Competition Ordinance – Headache or Opportunity? 新《競爭條例》 — 是帶來了難題還是機會？ 中國實務 N ON CHINA OVEMBER How Hybrid Investments are Taxed in China 2013 中國對混合性投資如何實行徵稅 Justice Zervos: CRIMINAL 刑 事 “If you want to be Sound Interference Found to be Battery - respected, you have to Is the Judgment Sound? (Part 1) respect others.” 法庭裁定聲音干擾構成毆打 — 這判決是否合理？(第一部分) 薛法官： 「如果你要得到別人的尊重， 便必須先懂得尊重別人。」 UP FOR GRABS Three Shopping Vouchers Worth HK$400 Each - See Editor’s Note Cover Story 封面專題 (pg. 4) Face to Face With 專 訪 Kevin Zervos 薛偉成法官 Judge of the Court of First Instance, High Court 高等法院原訟法庭法官 1309003_T06_R2_13/09/2013_ 300dpi pdf 1.4 upload 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 Jenkin SF Chan 陳少勳 十一月期刊內容 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 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 President 會長 Ambrose SK Lam 林新強 16 COVER STORY Vice-Presidents 副會長 Stephen WS Hung 熊運信 Thomas ST So 蘇紹聰 Council Members 理事會成員 Denis Brock 白樂德 Charles CC Chau 周致聰 Brian Gilchrist 喬柏仁 Junius KY Ho 何君堯 Angela WY Lee 李慧賢 Joseph CW Li 李超華 Michael J Lintern-Smith 史密夫 羅志力 Peter CL Lo 30 COMMERCIAL Billy WY Ma 馬華潤 Amirali B Nasir 黎雅明 Gavin P Nesbitt 倪廣恒 Kenneth SY Ng 伍成業 Melissa K Pang 彭韻僖 Sylvia WY Siu 蕭詠儀 36 COMPETITION Cecilia KW Wong 黃吳潔華 Cover: 封面： Huen Wong 王桂壎 At the Foreign Correspondents’ Club Hong Kong 在香港外國記者會 Dieter LT Yih 葉禮德 Secretary-General 秘書長 4 EDITOR’S NOTE [PDF] [HKL online] 編者的話 [PDF] [HKL online] Heidi KP Chu 朱潔冰 6 PRESIDENT’S MESSAGE [PDF] [HKL online] 會長的話 [PDF] [HKL online] Law Society’s Contact: www.hklawsoc.org.hk 與律師會聯繫 Tel: +852 2846 0500 8 CONTRIBUTORS [PDF] [HKL online] 投 稿 者 [PDF] [HKL online] 10 FROM THE COUNCIL TABLE [PDF] [HKL online] 理事會議題 [PDF] [HKL online] Annual Subscription 全年訂閱: HK$3,360 12 LETTER TO HONG KONG LAWYER [PDF] [HKL online] 給《 香 港 律 師 會 》的 信 [PDF] [HKL online] Thomson Reuters 10/F, Cityplaza 3, Taikoo Shing, Hong Kong 14 FROM THE SECRETARIAT [PDF] [HKL online] 律師會秘書處資訊 [PDF] [HKL online] Tel: +852 3762 3200 封面專題 www.thomsonreuters.com 16 COVER STORY [PDF] [HKL online] [PDF] [HKL online] Face to Face With 專 訪 ISSN 1025-9554 Kevin Zervos, Judge of the Court of First Instance, High Court 薛偉成法官，高等法院原訟法庭法官 © Copyright is reserved throughout. No part of this publication can be reproduced in whole or 24 LAW SOCIETY NEWS [PDF] [HKL online] 律師會新聞 [PDF] [HKL online] part without the express permission of the editor. [PDF] [HKL online] 商 業 [PDF] [HKL online] Contributions are invited, but copies of work should 30 COMMERCIAL be kept, as Hong Kong Lawyer can accept no Clicking in Place – 蓄勢待發 — 新商品說明法的影響 responsibility for loss. The Impact of the New Trade Descriptions Law 36 COMPETITION[PDF] [HKL online] 競 爭 [PDF] [HKL online] The New Competition Ordinance – 新《 競 爭 條 例 》— Headache or Opportunity? 是帶來了難題還是機會？ NOVEMBER 2013 二零一三年十一月 HK$280 Managing Editor 執行主編 42 ON CHINA[PDF] [HKL online] 中國實務 [PDF] [HKL online] Vince Chong 張哲寧 How Hybrid Investments are Taxed in China 中國對混合性投資如何實行徵稅 [email protected] [PDF] [HKL online] 刑 事 [PDF] [HKL online] Chinese Editors 中文編輯 46 CRIMINAL Edmund Cham 湛樹基 Sound Interference Found to be Battery – 法庭裁定聲音干擾構成毆打 — Natalie Lee 李頴琳 Is the Judgment Sound? (Part 1) 這判決是否合理？（第一部分） Design and Production 設計及制作 52 INDUSTRY INSIGHTS [PDF] [HKL online] 業界透視 [PDF] [HKL online] Samson Pang 彭振生 [PDF] [HKL online] 案例撮要 [PDF] [HKL online] Sales and Marketing Director 銷售總監 62 CASES IN BRIEF Jane Lewis 劉真美 72 LEGISLATION UPDATES [PDF] [HKL online] 立法新知 [PDF] [HKL online] Commercial and Online Development Director 商業和網絡發展總監 73 PROFESSIONAL MOVES [PDF] [HKL online] 會員動向 [PDF] [HKL online] Robert Head [email protected] 76 AFTER WORK [PDF] [HKL online] 工餘閒情 [PDF] [HKL online] What to Do in Paris with a Baby 暢遊巴黎指南之嬰兒出行篇 Content Development Director 內容發展總監 82 CAMPUS VOICES [PDF] [HKL online] 法學院新聞 [PDF] [HKL online] Neerav Srivastava 史立楓 [email protected] 84 THE LAST WORD [PDF] [HKL online] 趣 聞 Translation team 翻譯組: Info Power Staff contributors 內部貢獻: Carmen Chu 朱慧敏 Vivian Leung 梁靜妍 Rocky So 蘇衍成 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: Gordon Ng 吳子鵬 [email protected] Tel: +852 3762 3223 For subscriptions contact: Traffic Administrator 統籌 42 ON CHINA Vivian Leung 梁靜妍 [email protected] Tel: +852 3762 3268 Publisher 出版人 Klaus Pfeifer 范梓樺 [email protected] All information and views expressed by contributors and advertisements in Hong Kong 46 CRIMINAL Lawyer do not necessarily reflect the official opinion of The Law Society of Hong Kong. Whilst every effort is made to ensure editorial and commercial integrity, no responsibility is accepted by the Publisher or The Law Society of Hong Kong for the accuracy of material appearing in this journal. Members are encouraged to contribute but the Editorial Board of The Law Society of Hong Kong reserves the right to publish only material it deems appropriate. 76 AFTER WORK • November 2013 EDITOR’S NOTE 編者的話 Every instance of change begs the question: is it for the better? 每次作出改變，大家總會問：這改變是好是壞？ In this issue, lawyers tell us that new guidance for hybrid investments 今期有律師跟大家講解內地就混合性投資發出的新指引 over the border will better support how that market works (pg.42). 將如何有助該市場的運作(詳見第44頁)。不過，新修訂 The same optimism cannot be said of say, the new trade descriptions 的商品說明法例卻相反，有專家認為條例原意雖好，但 law, which another expert believes might trip up unwary and honest businesses, in spite of its good intentions (pg.30). So it is too with 可能令粗心大意而誠實的企業意外遭殃(詳見第33頁)。 the impending new competition law – is this a headache or an 即將實施的競爭法亦要面對同樣的利弊問題(詳見第39 opportunity (pg.36), asks another of our esteemed contributors. 頁)，今期有一位資深的撰稿人為我們作深入剖析。 In case law, our authors argue that a recent ruling that says sound 至於案例方面，最近法庭裁定聲音干擾(在別人耳邊吹口 interference (whistling at a person’s ear, without bodily contact) 哨而沒有身體接觸)構成毆打，有作者認為有關裁決必須 constitutes battery must be reviewed by higher authority (pg.46). Otherwise, there may be “far-reaching and unintended” implications. 由上級法院覆核(詳見第49頁)，否則可能引起「深遠且 非預期」的影響。 And in our latest cover interview, our subject just happens to be someone in the midst of change: Justice Kevin Zervos recently moved 事有湊巧，今期專訪的主人翁正身處變化中：前律政司 from the Department of Justice, where he was Director of Public 刑事檢控專員薛偉成最近獲委任為高等法院原訟法庭法 Prosecutions, to the Court of First Instance, where he now sits as 官(詳見第21頁)。 judge (pg. 16). Well, as some say, any change beats stagnancy. What is key 正如有人說，有改變總比沒有改變好。重要的是，我們 and healthy is that outlets such as Hong Kong Lawyer allow for 有像《香港律師》這樣的渠道允許資訊得以自由和負責 information to be exchanged freely and responsibly, so that we can 任地交流，讓大家能夠從中學習並為自己下決定。學海 all learn and make up our minds for ourselves. As Justice Zervos 無涯的道理，相信薛官也會認同。 would agree, we can never learn enough. Talking about information, we also hope that readers will be able 談到資訊這個課題，本刊誠邀廣大讀者參與我們最新 to part with some in our latest online survey at https://www. 的網上調查，網址如下：https://www.surveymonkey. surveymonkey.com/s/65J95N5. This will as usual allow us to fine- com/s/65J95N5。是項調查將有助我們調整《香港律 tune Hong Kong Lawyer in terms of both editorial and advertising 師》在編輯及廣告方面的內容。讀者可以選擇以匿名 content. Readers can respond anonymously or otherwise, and the 方式回應，首五名參與調查並附上聯絡方法的讀者， first three readers to do so with their contact details will receive a HK$400 shopping voucher from a premium department store. The 可獲贈價值400港元的購物禮券，其後七名可獲贈 next seven will each get a White Book Notebook. As to be expected, White Book 筆記本乙本。一如大家所料，上述安排不適 this arrangement excludes relevant personnel such as Thomson 用於相關人員，如湯森路透的員工及其直系家屬。不勝 Reuters staff and their immediate families. Many thanks. 感激！ Vince Chong 張哲寧 Editor, Hong Kong Lawyer 《香港律師》編輯 Managing Editor, Sweet & Maxwell Sweet & Maxwell執行主編 Thomson Reuters 湯森路透 [email protected] 4 www.hk-lawyer.org • November 2013 PRESIDENT’S MESSAGE 會長的話 To build a global network and enhance the profession’s European, North and South American ❝ jurisdictions than those from Asia. international image and capability, the Law Society has been There may be a variety of reasons for actively promoting the culture of reaching out. this phenomenon, including language and cultural diversities, that impact One way is to encourage participation the recent IBA Annual Conference on the membership development of a in international legal conferences. in Boston for example. With many particular organisation. These events create an environment other bar leaders also attending the In the course of attending events that is both rigorous and fun as well as Conference, I was fortunate enough to organised by international scholarly and social. Participants with be able to arrange meetings separately organisations, I have always wondered common interests in specific practice with the President of the Law Council why Hong Kong, being a renowned areas have the opportunity to gather of Australia, the President of the Law international city, is not itself home to and share achievements and problems Society of New South Wales, the an international legal organisation.
Load more

Recommended publications
  • Annual Report 2018
    THE STANDING COMMITTEE ON LEGAL EDUCATION AND TRAINING ANNUAL REPORT 2018 1 January 2018 to 31 December 2018 CONTENTS ANNUAL REPORT 1 ANNEXURE 1: Section 74A of the Legal Practitioners Ordinance 5 ANNEXURE 2: Composition of the Standing Committee on Legal Education and Training 7 ANNEXURE 3: City University of Hong Kong 9 – Report on the LLB Programme City University of Hong Kong 15 – Report on the PCLL Programme City University of Hong Kong 19 – Report on the JD Programme ANNEXURE 4: The Chinese University of Hong Kong 25 – Report on the LLB Programme The Chinese University of Hong Kong 29 – Report on the PCLL Programme The Chinese University of Hong Kong 32 – Report on the JD Programme ANNEXURE 5: The University of Hong Kong 39 – Report on the LLB and JD Programmes The University of Hong Kong 42 – Report on the PCLL Programme ANNEXURE 6: Key Statistics of the 2018/19 LLB, JD and 45 PCLL Programmes ANNEXURE 7: Composition of the Hong Kong Conversion 46 Examination Board ANNUAL REPORT OF THE STANDING COMMITTEE ON LEGAL EDUCATION AND TRAINING (1 January 2018 to 31 December 2018) This is the thirteenth annual report of the Standing Committee on Legal Education and Training (“SCLET”). Section 74A of the Legal Practitioners Ordinance Cap. 159 (“Ordinance”) providing for the establishment of SCLET and its functions is at Annexure 1. Meetings 1. SCLET met on six occasions during the reporting period from 1 January 2018 to 31 December 2018 (“Reporting Period”). Its composition is at Annexure 2. Major Matters Dealt with by SCLET Comprehensive Study on Legal Education and Training 2.
    [Show full text]
  • Sentencing Conference Held by DOJ *********************************
    Sentencing conference held by DOJ ********************************* The Prosecutions Division of the Department of Justice today (January 15) held the Sentencing Conference 2012, which was attended by more than 80 participants, including members of the judiciary, prosecutors, criminal law practitioners and scholars. Entitled "A New Sentencing Regime for Hong Kong?", the conference was the first of its kind organised by the Department of Justice to stimulate discussion on the pros and cons of establishing a sentencing council in Hong Kong and reflect upon the existing sentencing regime with reference to the experience of the Victorian Sentencing Advisory Council. In delivering the welcoming address, the Director of Public Prosecutions, Mr Kevin Zervos, SC, said: "In the pursuit of upholding the rule of law and in serving the interests of justice and the community, a prosecutor must always act fairly and properly. The fundamental task of a prosecutor is to be a minister of justice." He also emphasised the need to protect the public bearing in mind the important public dimension of sentencing and the need to maintain public confidence and support in our criminal justice system. The keynote speaker at the conference was the Dean of Law at the University of Monash, Professor Arie Freiberg, a leading expert on sentencing law in Australia. He is also the Chairman of the Victorian Sentencing Advisory Council. After giving a presentation on the experience of the Victorian Sentencing Advisory Council, Professor Freiberg, together with Mr Clive Grossman, SC, Dr Gerard McCoy, SC, Mr Keith Yeung, SC, Mr Stephen Hung and Professor Simon Young, participated in the panel discussion with Mr Zervos, SC, as the moderator.
    [Show full text]
  • Annual Report 2019
    THE STANDING COMMITTEE ON LEGAL EDUCATION AND TRAINING ANNUAL REPORT 2019 1 January 2019 to 31 December 2019 CONTENTS ANNUAL REPORT 1 ANNEXURE 1: Section 74A of the Legal Practitioners Ordinance 5 ANNEXURE 2: Composition of the Standing Committee on Legal Education and Training 7 ANNEXURE 3: City University of Hong Kong 10 – Report on the LLB Programme City University of Hong Kong 16 – Report on the PCLL Programme City University of Hong Kong 20 – Report on the JD Programme ANNEXURE 4: The Chinese University of Hong Kong 26 – Report on the LLB Programme The Chinese University of Hong Kong 30 – Report on the PCLL Programme The Chinese University of Hong Kong 33 – Report on the JD Programme ANNEXURE 5: The University of Hong Kong 40 – Report on the LLB and JD Programmes The University of Hong Kong 43 – Report on the PCLL Programme ANNEXURE 6: Key Statistics of the 2019/20 LLB, JD and 45 PCLL Programmes ANNEXURE 7: Composition of the Hong Kong Conversion 46 Examination Board ANNUAL REPORT OF THE STANDING COMMITTEE ON LEGAL EDUCATION AND TRAINING (1 January 2019 to 31 December 2019) This is the fourteenth annual report of the Standing Committee on Legal Education and Training (“SCLET”). Section 74A of the Legal Practitioners Ordinance Cap. 159 (“Ordinance”) providing for the establishment of SCLET and its functions is at Annexure 1. Meetings 1. SCLET met on three occasions during the reporting period from 1 January 2019 to 31 December 2019 (“Reporting Period”). Its composition is at Annexure 2. Major Matters Dealt with by SCLET Comprehensive Study on Legal Education and Training 2.
    [Show full text]
  • Sopa-Scoopzhoutarget
    Friday, August 30, 2013 A3 Beam me up LEADING THE NEWS K-pop stars are embracing hologram COMMERCE Oil giants technology to reach a wider audience > L I F E C 7 banned Unwelcome guest Create your dream home Health headache from new Aquino cancels visit to China: Chic, stylish furniture Migraines can cause INVESTMENT TEAMS TO BE REINED IN Beijing says he was never and accessories for permanent brain damage projects invited in the first place discerning buyers and raise risk of strokes Commerce Ministry targets extravagance by delegations sent Foreign direct investment is a Previously, investment jun- key economic indicator used to kets were believed to be immune > LEA D ING T HE N EWS A 3 > 20-PAG E SPE CIA L REP O R T > WORLD A15 to Hong Kong and Macau to seek investment for their regions gauge officials’ performance, and from the campaign against offi- Beijing makes state ................................................ dozens of delegations from local cial extravagance. overstated the number of partici- His remarks followed the flag- governments flock to Hong Kong The The People’s Daily said busi- energy companies pay Daniel Ren pants and the value of deals ship newspaper’s harsh criticism every year to seek such invest- ness delegations stayed in five- [email protected] phenomenon the price for failing to signed during their promotional on Monday of investment dele- ments. star hotels and invited business- activities. gations travelling to Hong Kong. Yao admitted that the delega- reflects a severe men to expensive restaurants, meet pollution targets The Ministry of Commerce has “They were desperate to get This was the first time that a tions played a positive role in level of spending as much as 1,000 yuan pledged to rein in extravagance abig number of foreign business- Communist Party mouthpiece spurring the nation’s economic (HK$1,260) per head for a break- ...............................................
    [Show full text]
  • Final Report of the Consultants
    STANDING COMMITTEE ON LEGAL EDUCATION AND TRAINING COMPREHENSIVE REVIEW OF LEGAL EDUCATION AND TRAINING IN HONG KONG Final Report of the Consultants April 2018 Contents Overview iii 1. Introduction 1 2. The existing structure of legal education and training in Hong Kong 9 3. The reform of legal education and training: International trends and practices 31 4. The academic stage of legal education 59 5. The Postgraduate Certificate in Laws (PCLL) 79 6. The proposal for a ‘Common Entrance Examination’ 104 7. The training contract, pupillage and the overseas qualifying examinations 125 8. Conclusions and summary of recommendations 154 Bibliography 167 Annexures 185 Annex 1 – List of invited stakeholder groups/organisations Annex 2 – List of consultation responses received Annex 3 – Structure of existing PCLL courses Annex 4 – Indicative learner attributes – from LETR (2013) Annex 5 - Law Society of Scotland: PEAT1 outcomes and descriptors Annex 6 – Solicitors Regulation Authority: Legal Practice Course Outcomes (2011) Annex 7 – Observations on two centralised assessment models Annex 8 – Questions to the Law Society on the proposed PCLL Benchmark (Jan. 2018) i OVERVIEW It is not the intention of this overview that it should take the form of an "Executive Summary". No doubt, it will be treated by some as such, but the intention is that the Report should be read, albeit perhaps in stages and, possibly, with concentration on particular matters of interest. At the end of the Report there is a summary of the recommendations, but these should be read in conjunction with the relevant chapters The law has always been important in Hong Kong.
    [Show full text]
  • 2017 Summary Financial Report
    2017 Summary Financial Report This summary financial report 2017 only gives a summary of the information and the particulars of China Shanshui Cement Group Limited’s annual report 2017 released in due course from which the summary financial report is derived. Shareholders may obtain a printed copy of the annual report free of charge by writing to the Company’s share registrars after the publication of the annual report, or read the above two copies on the Company’s website at www.sdsunnsygroup.com and the Stock Exchange’s website at www.hkexnews.hk. Contents (I) Definitions.................................... 2 (II) Corporate Information .......................... 4 (III) Financial and Business Data Summary ............. 8 (IV) Corporate Profile .............................. 10 (V) Management Discussion and Analysis ............. 21 (VI) Report of the Directors .......................... 38 (VII) Share Capital and Shareholdings of Substantial 44 Shareholders and the Directors ................... (VIII) Basic Information on Directors, Senior Management 51 and Employees................................ (IX) Report on Corporate Governance ................. 71 (X) Major Events.................................. 90 (XI) Consolidated Statement of Profit or Loss............ 107 (XII) Consolidated Statement of Profit or Loss and Other 108 Comprehensive Income ......................... (XIII) Consolidated Statement of Financial Position ........ 109 (XIV) Consolidated Statement of Changes in Equity........ 111 (XV) Notes to the Financial Statements
    [Show full text]
  • Hong Kong Bar Association Circular No
    Hong Kong Bar Association Circular No. 245/19 To : All Members & Mess Members of the Bar Association From : Jonathan Chang – Honorary Secretary Date : 3 December 2019 PRACTICE NOTE : NEW PRACTICE WHERE FLAGRANT INCOMPETENCE IS ADVANCED AS A GROUND OF APPEAL Members’ attention is drawn to the Court of Appeal judgment in HKSAR v Apelete [2019] HKCA 1189 whereby a new practice is imposed by the Court where flagrant incompetence of legal representative(s) at trial is advanced as a ground of appeal: 1. An appellate counsel has a duty to satisfy himself that the ground is properly arguable, i.e. there is a palpably sound basis for such allegations to be made, failing which such allegations must never be advanced: see also HKSAR v Li Xiaoxiang (2018) 21 HKCFAR 272 at [31]. 2. In making that assessment, the appellate counsel must look for independent and objective evidence to support the complaint and, save where there are good and compelling reasons not to do so, make full and proper enquiries of the previous legal representatives at trial in relation to the complaint before articulating it as a ground of appeal. The appellate counsel must then add an appropriate certificate in the grounds of appeal that he has complied with this duty when relying on such a ground. 3. Further, a signed waiver of LPP from the applicant in respect of the trial legal representatives and an affirmation in support of the complaint must be filed at the same time as the ground of appeal. 4. If subsequent material comes to light casting doubt on the applicant’s claims, there is a continuing duty on the appellate counsel to evaluate the propriety of the grounds of the complaint.
    [Show full text]
  • Unexplained Wealth – Whose Business? the 36Thcambridge International Symposium on Economic Crime Unexplained Wealth - Whose Business?
    THIRTY-SIXTH INTERNATIONAL SYMPOSIUM ON ECONOMIC CRIME SUNDAY 2nd SEPTEMBER - SUNDAY 9th SEPTEMBER 2018 JESUS COLLEGE, UNIVERSITY OF CAMBRIDGE Unexplained wealth – whose business? The 36thCambridge International Symposium on Economic Crime Unexplained Wealth - whose business? The Thirty-Sixth International Symposium on Economic Crime is the most extensive and ambitious programme that we have so far attempted to put together. The overarching theme is how we can better identify and render accountable unexplained and suspicious wealth. As we increasingly realise that the way in which most of us approach suspect wealth and money laundering lacks efficiency and imposes arguably disproportionate burdens and risks on the financial and business system, it appears a partial answer might be in focusing on the identification of unexplained wealth, but then what do we do? These important and timely issues are pursued in a practical, applied and relevant manner, by those with the benefit of experience from across the world. The symposium, although held in one of the world’s leading universities and recognising the significance of intelligent deliberation, is not a talking shop for those with vested interests – official or commercial. We strive to offer a rich and deep analysis of the real issues and, in particular, threats to our institutions and economies presented by economically motivated crime and misconduct. Therefore, well over 600 experts from around the world will share their experience and knowledge with other participants drawn from policy makers, law enforcement, compliance, regulation, business and the professions. The programme is drawn up with the support of a number of agencies and organisations, and the Organising Institutions and principal sponsors greatly value this global commitment.
    [Show full text]
  • Chinese Women's Migration to Southeast Asia Since 1978
    International21 Shi Xueqin Journal of China Studies Vol. 1, No. 1, January 2010, pp. 216-229 Women, International Migration and Development: Chinese Women’s Migration to Southeast Asia since 1978 Shi Xueqin Xiamen University Abstract The feminization of migration is becoming a significant phenomenon in the era of globalization. Especially in the most populous Asian countries, women’s migration across national borders is emerging as an important social and economic phenomenon and attracting substantial attention. In Asia, China has been a major migrant exporting country for the past centuries, which has generated millions of Diaspora Chinese who are mainly concentrated in the Southeast Asian countries. Since the beginning of the Open and Reform Policy in 1978, Chinese migration to Southeast Asia has been increasing, with the characteristic of feminization which is changing the tradition of Chinese migration being dominated by the Chinese male migrants. On the one hand, female Chinese migration to Southeast Asia represents an important component of women’s international migration, which possesses many common features of women’s migration. On the other hand, Chinese women’s migration to Southeast Asia demonstrates the culture and politics of Chinese migration, which is not only an extension of historical civil association between China and the Southeast Asian countries, but also a result of the normalization of diplomatic relationship and increasingly deepening economic cooperation between China and Southeast Asia. Generally speaking, Chinese female migrants in Southeast Asia play an important role in promoting the development of civil relationship between China and Southeast Asia. However, the issues brought about by Chinese female migrants in Southeast Asia, such as the Chinese doll syndrome as well as errant Chinese tourists, Dr Shi Xueqin 施雪琴, Associate Professor, Faculty of International Relations and Research School of Southeast Asian Studies, Xiamen University; Deputy Director, Institute of Malaysian Studies, Xiamen University, Fujian Province, China.
    [Show full text]
  • Newsletter No
    flap (95 mm) 邊註邊讀 Marginalia 人類不斷從各種角度分析自己的行為，心理、社會、文 化……。1992年諾貝爾獎得主加 里．貝 克 爾 從經濟學觀點 分析經濟學家一般不會考量的社會議題，包括婚姻、家庭、 生育。他的論述啟發了不少後學，早前榮膺計量經濟學會 院士的張俊森教授是其一。張教授接受「……如是說」訪 第四三四期 二零一四年三月十九日 No. 434 19 March 2014 問，向讀者縷述求學路、為學心得和教研抱負。 P2 P3 P10 經營書店當然也是經濟行為，然經營一所大學書店又如何？ 今 天 逛 大 學 書 店，是 愛 書 「在校內感到安全是好 「很 多人以為 經 濟 學只 本期專題〈一個愛書人的自白〉介紹了也是由愛書人管理的 人一次進出中外古今書海 事，但 仍 須 常 備 不 懈 。」 教 學 生 賺 錢，那 是 個 誤 校 園 書店。正 如 貝 克 爾 在 其 諾 貝 爾 講 座 所言，人類 行為，包 的 寫 意 徜 徉。 ‘While it’s good they 解。」 括經濟活動在內，動機不純是利己或收益，而是由各種價 Today, book lovers feel safe, they should ‘It is a general 值觀所驅動的優化選擇。 come to the University be more careful.’ misunderstanding Bookstore for that economics only 《中大通訊》請得大學保安及交通事務處處長黃柏年略談 communicating with teaches students to 校園安全須知，並匯報幾宗校園發生的罪案。罪的風險與 great minds past and make money. ’ 罰的代價，經濟學家自有公式表述。為免成為罪案受害者先 present, East and West. 付出代價，在相對安全的校園還是提高警惕吧。 Social scientists analyse human behaviour using different approaches—psychological, social, cultural…. Nobel Laureate in Economics 1992 Gary Becker applied economic analysis to social issues that economists normally do not scrutinize, such as marriage, family, giving birth. His work inspired many young scholars, including Prof. Zhang Junsen who was recently elected Fellow of the Econometric Society. Professor Zhang tells readers about his academic path and latest research in ‘Thus Spake…’. Operating a bookstore is an economic activity but is it always purely so? This issue’s feature ‘A Book Lover’s Discourse’ introduces a campus bookshop that’s managed by book lovers.
    [Show full text]
  • Speech by Mr Keith Yeung, SC, Director of Public Prosecutions At
    Speech by Mr Keith Yeung, SC, Director of Public Prosecutions at the Closing Ceremony of the “Criminal Law Conference 2017” on Saturday, 20 May 2017 Distinguished guests, ladies and gentlemen, friends, 1. David Leung SC said that he is the person between you and the door. Uncharacteristic of him, he was wrong. It is me. Now we are really towards the end of the programme. And it has been a very very long day. But I am sure, you, like me, are not tired. You have seen me fighting for air time, and I am quite prepared to go on for two more hours. No, of course I am not going to do that. But before I can release you, I still have to do a couple of things. Firstly, of course, I want to thank our guests Judge Young and Professor Ormerod, and our speakers, and all of you, our guests, being here sacrificing a precious Saturday, more and more precious these days, and to be here to share with us your views and give us this tremendous atmosphere. Can I invite you to give yourself a big hand? And secondly, it would be useful if we can have a short stock-take as to what we have discussed today. 2. We started off with the issue of “active case management”. We all know it is closely related to our new Practice Direction 9.3, which is going to come into operation on 12 June this year. I have said this previously, and I adhere to this, that the practice direction is going to be the most important of its kind in the last 20 years.
    [Show full text]
  • Text, Cases Commentary Hong Kong Legal System
    TEXT, CASES and COMMENTARY on the HONG KONG LEGAL SYSTEM Michael John Fisher Hong Kong University Press The University of Hong Kong Pokfulam Road Hong Kong www.hkupress.org © 2019 Hong Kong University Press ISBN 978-988-8390-96-0 (Hardback) ISBN 978-988-8390-97-7 (Paperback) All rights reserved. No portion of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publisher. The copyright in the Judgments HCMP3908/1997 Guido Karl Wenk v Alan Lee Goldstein (16.7.1998) and FACV24/2007 A Solicitor v The Law Society of Hong Kong (13.3.2008) are owned by the Government of the Hong Kong Special Administrative Region (“Government”). The Judgments published in Text, Cases and Commentary on the Hong Kong Legal System are reproduced from those posted on the Judiciary’s website with the permission of the Government. The Government accepts no liability or responsibility for the accuracy or com- pleteness of any of the Judgements being published in Text, Cases and Commentary on the Hong Kong Legal System. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. 10 9 8 7 6 5 4 3 2 1 Printed and bound by Ocean Printing Co. Ltd., Hong Kong, China Contents Table of Cases vi Table of Legislation xi Introduction xv 1. The Development of the Hong Kong Legal System, 1842–1997 1 2. Sources of Hong Kong Law 59 3.
    [Show full text]