Paths of Justice
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VAHONGKONG 15 Hebei V Polytek HKLII
Home | Databases | WorldLII | Search | Feedback I. COURT OF FINAL APPEAL You are here: HKLII >> Databases >> Court of Final Appeal >> 1999 >> [1999] HKCFA 40 Database Search | Name Search | Recent Decisions | Noteup | LawCite | MS Word Format | Chinese Translation | Help A. HEBEI IMPORT & EXPORT CORPORATION V. POLYTEK ENGINEERING CO. LTD. [1999] HKCFA 40; [1999] 1 HKLRD 665; (1999) 2 HKCFAR 111; FACV10/1998 (9 FEBRUARY 1999) FACV000010/1998 FACV No. 10 of 1998 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 10 OF 1998 (CIVIL) (ON APPEAL FROM CACV No. 116 OF 1997) _____________________ Between: HEBEI IMPORT & EXPORT CORPORATION Appellant AND POLYTEK ENGINEERING COMPANY LIMITED Respondent _____________________ Court: Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Bokhary PJ and Sir Anthony Mason NPJ Date of Hearing: 21, 22, 27 and 28 January 1999 Date of Judgment: 9 February 1999 ___________________ J U D G M E N T ___________________ Chief Justice Li : 1. I have read the judgment of Sir Anthony Mason NPJ. I agree with it and the orders he proposes. Mr Justice Litton PJ : Introduction 2. I have had the advantage of reading in draft Sir Anthony Mason NPJ's judgment. As he has set out fully the background to this appeal, it is unnecessary for me to repeat it. History of the proceedings 3. It is important at the outset to bear in mind that the court is here concerned with a Convention award: an award which, in this case, has been determined by a court in the supervisory jurisdiction to have been made in conformity with the rules governing the arbitral process. -
APRES Moi LE DELUGE"? JUDICIAL Review in HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY
"APRES MoI LE DELUGE"? JUDICIAL REvIEw IN HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY Tahirih V. Lee* INTRODUCTION One of the burning questions stemming from China's promise that the Hong Kong Special Administrative Region (HKSAR) would enjoy a "high degree of autonomy" is whether the HKSAR's courts would have the authority to review issues of constitutional magnitude and, if so, whether their decisions on these issues would stand free of interference by the People's Republic of China (PRC). The Sino-British Joint Declaration of 1984 promulgated in PRC law and international law a guaranty that implied a positive answer to this question: "the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong Special Administrative Region of the power of final adjudication."' The PRC further promised in the Joint Declaration that the "Uludicial power" that was to "be vested in the courts" of the SAR was to be exercised "independently and free from any interference."2 The only limit upon the discretion of judicial decisions mentioned in the Joint Declaration was "the laws of the Hong Kong Special Administrative Region and [to a lesser extent] precedents in other common law jurisdictions."3 Despite these promises, however, most of the academic and popular discussion about Hong Kong's judiciary in the United States, and much of it in Hong Kong, during the several years leading up to the reversion to Chinese sovereignty, revolved around a fear about its decline after the reversion.4 The * Associate Professor of Law, Florida State University College of Law. -
The Globalization of Chinese Food ANTHROPOLOGY of ASIA SERIES Series Editor: Grant Evans, University Ofhong Kong
The Globalization of Chinese Food ANTHROPOLOGY OF ASIA SERIES Series Editor: Grant Evans, University ofHong Kong Asia today is one ofthe most dynamic regions ofthe world. The previously predominant image of 'timeless peasants' has given way to the image of fast-paced business people, mass consumerism and high-rise urban conglomerations. Yet much discourse remains entrenched in the polarities of 'East vs. West', 'Tradition vs. Change'. This series hopes to provide a forum for anthropological studies which break with such polarities. It will publish titles dealing with cosmopolitanism, cultural identity, representa tions, arts and performance. The complexities of urban Asia, its elites, its political rituals, and its families will also be explored. Dangerous Blood, Refined Souls Death Rituals among the Chinese in Singapore Tong Chee Kiong Folk Art Potters ofJapan Beyond an Anthropology of Aesthetics Brian Moeran Hong Kong The Anthropology of a Chinese Metropolis Edited by Grant Evans and Maria Tam Anthropology and Colonialism in Asia and Oceania Jan van Bremen and Akitoshi Shimizu Japanese Bosses, Chinese Workers Power and Control in a Hong Kong Megastore WOng Heung wah The Legend ofthe Golden Boat Regulation, Trade and Traders in the Borderlands of Laos, Thailand, China and Burma Andrew walker Cultural Crisis and Social Memory Politics of the Past in the Thai World Edited by Shigeharu Tanabe and Charles R Keyes The Globalization of Chinese Food Edited by David Y. H. Wu and Sidney C. H. Cheung The Globalization of Chinese Food Edited by David Y. H. Wu and Sidney C. H. Cheung UNIVERSITY OF HAWAI'I PRESS HONOLULU Editorial Matter © 2002 David Y. -
Academic Freedom and Critical Speech in Hong Kong: China’S Response to Occupy Central and the Future of “One Country, Two Systems”∗
Academic Freedom and Critical Speech in Hong Kong: China’s Response to Occupy Central and the Future of “One Country, Two Systems”∗ Carole J. Petersen† and Alvin Y.H. Cheung†† I.!!!!!!Introduction .............................................................................. 2! II.!!!!The “One Country, Two Systems” Model: Formal Autonomy but with an Executive-Led System ...................... 8! III. Legal Protections for Academic Freedom and Critical Speech in Hong Kong’s Constitutional Framework ............ 13! IV. University Governance: The Impact of Increased Centralization and Control ................................................... 20! V. !Conflicts between The Academic Community and the Hong Kong and Central Governments ................................ 28! VI. Beijing’s Retribution: Increased Interference in Hong Kong Universities ................................................................ 40! VII. The Disapearing Booksellers ............................................... 53! VIII. Conclusion ........................................................................... 58! *Copyright © 2016 Carole J. Petersen and Alvin Y.H. Cheung. The authors thank the academics who agreed to be interviewed for this article and research assistants Jasmine Dave, Jason Jutz, and Jai Keep-Barnes for their assistance with research and editing. This is an updated version of a paper presented at a roundtable organized by the Council on Foreign Relations on December 15, 2015, and the authors thank the chair of the roundtable, Professor Jerome A. Cohen, and other participants for their comments. The William S. Richardson School of Law at the University of Hawai’i at Manoa supported Professor Petersen’s travel to Hong Kong to conduct interviews for this article. † Carole J. Petersen is a Professor at the William S. Richardson School of Law and Director of the Matsunaga Institute for Peace and Conflict Resolution, University of Hawai’i at Manoa. She taught law at the University of Hong Kong from 1991–2006 and at the City University of Hong Kong from 1989-1991. -
The Yet-To-Be Effective but Effective Tax: Hong Kong's Buyer's Stamp
The Yet-to-be Effective But Effective Tax: Hong Kong’s Buyer’s Stamp Duty as A Critical Case Study of Legislation by Press Release Jianlin Chen ** When a government announces that an existing law will be amended, and that the amendment, when finally enacted by the legislature, will be made effective from the announcement date, it is natural and inevitable that private entities will conduct their activities on the basis of the amended law immediately upon the announcement date, notwithstanding the announcement’s lack of any formal legal effect. This practice of effecting immediate de facto legal changes is known derisively, but perhaps aptly, as “legislation by press release.” This Article utilizes the recent use of legislation by press release to implement the Buyer’s Stamp Duty in Hong Kong as a case study to critically examine the legality and normative considerations of this increasingly common but under-theorized practice. Legally, this Article argues that the prospective notice provided by the initial announcement ensures the practice’s legality in all but an explicit prohibition of retrospective civil legislation. Normatively, this Article highlights the various criteria of clarity, consistency, necessity and political dynamic that affect the desirability of the practice. On a broader note, the formal retrospectivity inherent in the practice - but which does not disrupt the reliance interests of private entities - provides a useful reexamination of the conventional aversion towards retrospective laws. **Assistant Law Professor (University of Hong Kong), JSD Candidate (University of Chicago), LLM (University of Chicago), LLB (University of Singapore). Admitted to the bar in New York and Singapore. -
Review of Sexual Offences Sub-Committee
THE LAW REFORM COMMISSION OF HONG KONG REPORT VOYEURISM AND NON-CONSENSUAL UPSKIRT-PHOTOGRAPHY This report can be found on the Internet at: <http://www.hkreform.gov.hk> April 2019 The Law Reform Commission of Hong Kong was established by the Executive Council in January 1980. The Commission considers for reform such aspects of the law as may be referred to it by the Secretary for Justice or the Chief Justice. The members of the Commission at present are: Chairman: Ms Teresa Cheng, GBS, SC, JP, Secretary for Justice Members: The Hon Chief Justice Geoffrey Ma, GBM The Hon Mr Justice Andrew Cheung, PJ Ms Theresa Johnson, Law Draftsman Ms Christine Fang, BBS, JP Professor Christopher Gane Professor Michael Hor Mr Allan Leung Professor Lin Feng Ms Alexandra Lo, JP Mr Robert Y H Pang, SC Ms Winnie Tam, SC, JP Ms Melissa Wu The Acting Secretary of the Commission is Ms Adeline Wan, Acting Principal Government Counsel and the Commission's offices are at: 4/F East Wing, Justice Place 18 Lower Albert Road Central Hong Kong Telephone: 3918 4097 Fax: 3918 4096 E-mail: [email protected] Website: http://www.hkreform.gov.hk THE LAW REFORM COMMISSION OF HONG KONG REPORT VOYEURISM AND NON-CONSENSUAL UPSKIRT-PHOTOGRAPHY _____________________________________________________ CONTENTS Page Introduction 1 Terms of reference 1 The Sub-committee and its work to date 2 Previous work of the Sub-committee 4 Sexual Offences Records Checks for Child-Related Work 4 Presumption that a Boy under 14 is Incapable of Sexual 4 Intercourse Overall Review of the Substantive -
In the Court of Final Appeal of the Hong Kong Special Administrative Region
FACV Nos. 9 & 10 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS. 9 & 10 OF 2006 (CIVIL) (ON APPEAL FROM CACV NOS. 297 & 298 OF 2004) _______________________ Between: SIEGFRIED ADALBERT UNRUH Plaintiff (Respondent) - and - HANS-JOERG SEEBERGER 1st Defendant (1st Appellant) EGANAGOLDPFEIL (HOLDINGS) LIMITED 2nd Defendant (2nd Appellant) _______________________ Court: Chief Justice Li , Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Mr Justice McHugh NPJ Dates of Hearing: 15, 16 and 18 January 2007 Date of Judgment: 9 February 2007 _______________________ J U D G M E N T _______________________ Chief Justice Li: 1. I agree with the judgment of Mr Justice Ribeiro PJ. — 2 — Mr Justice Bokhary PJ: 2. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Chan PJ: 3. I have read the judgment of Mr Justice Ribeiro PJ in draft. I agree entirely with his comprehensive analysis and conclusions. I too would dispose of these appeals as proposed by him in the concluding paragraph of his judgment. Mr Justice Ribeiro PJ: A. The parties and the issues 4. On 19 September 1992, the plaintiff (“Mr Unruh”) entered into a Memorandum of Agreement (“the MoA”) with the 1st defendant (“Mr Seeberger”). The MoA provides that under certain circumstances, Mr Unruh is to become entitled to payment of a “Special Bonus”. Mr Unruh contends that such entitlement has arisen and, not having been paid, brought proceedings to recover the same from Mr Seeberger and from the 2nd defendant (“Egana”, formerly called Haru International (Holdings) Limited). -
Cb(4)590/12-13(01)
立法會 Legislative Council LC Paper No. CB(4)590/12-13(01) Ref : CB4/HS/1/12 Background brief prepared by the Legislative Council Secretariat Subcommittee on Proposed Senior Judicial Appointments Purpose 1. This paper provides background information on the procedure for endorsement of senior judicial appointments by the Legislative Council ("LegCo") under Article 73(7) of the Basic Law ("BL 73(7)") and gives a brief account of the relevant discussions by LegCo committees. Relevant provisions of the Basic law and the Hong Kong Court of Final Appeal Ordinance (Cap. 484) 2. BL 48(6) confers on the Chief Executive ("CE") the power and function to appoint judges of the courts at all levels in accordance with legal procedures. In accordance with BL 88, judges shall be appointed by CE on the recommendation of an independent commission, namely, the Judicial Officers Recommendation Commission ("JORC"). 3. In the case of the appointment of judges of the Court of Final Appeal ("CFA") and the Chief Judge of the High Court, BL 90 provides that CE shall, in addition to following the procedures prescribed in BL 88, obtain the endorsement of LegCo. Subject to the endorsement of LegCo, CE shall report such appointment to the Standing Committee of the National People's Congress for the record. BL 73(7) correspondingly confers on LegCo the power and function to endorse the appointment of CFA judges and the Chief Judge of High Court. Such procedure is also stipulated in section 7A of the CFA Ordinance. - 2 - JORC Membership 4. Pursuant to BL88 and the JORC Ordinance (Cap. -
Paths of Justice
PATHS OF JUSTICE Johannes M. M. Chan http://www.pbookshop.com Hong Kong University Press The University of Hong Kong Pokfulam Road Hong Kong www.hkupress.hku.hk © 2018 Hong Kong University Press ISBN 978-988-8455-93-5 (hardback) ISBN 978-988-8455-94-2 (Paperback) All rights reserved. No http://www.pbookshop.comportion 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. 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 in Hong Kong, China Preface What is justice? Can justice be done? Jurists and philosophers have been asking these questions for centuries. While there is a huge body of learned work on these questions, no theory can tell what justice is or whether justice has been done in any particular case. At the end of the day, justice perhaps just lies in the hearts of ordinary people. Like the concept of the reasonable man, justice may not be something that can be formulated in abstraction but by and large is something that we recognize when we see it in practice. I have long wanted to write a book to explore these themes through real cases. As an academic lawyer, I have the privilege of being involved in the two related but in fact quite separate worlds of academia and legal practice. -
JORC Report 2003
Ɂࡗؒ̇ ઐᔈկࡗผంй Judicial Officers Recommendation Commission 2003 ͌፣ Contents Ӱک Foreword ................................................................................................................................... i ࠒ Chapter Pages Ɂࡗઐᔈկࡗผؒ̇ 1 The Judicial Officers Recommendation Commission ...................................................... 1 – 7 կࡗผؿɮА 2 Work of the Commission .................................................................................................. 8 – 9 ୄᄗؒࠖؒւʥୄᄗؒ 3 Chief Justice and the Court of Final Appeal .................................................................... 10 – 14 ঢ়೩ؒ 4 High Court ........................................................................................................................ 15 – 21 ਟؒʥɠΔᄗസ୮ਂ 5 District Court and Lands Tribunal ..................................................................................... 22 – 27 സРؒdᄗസ୮ʥϋΐസРؒ 6 Magistrates’ Courts, Tribunals and Coroner’s Court......................................................... 28 – 31 ፣ڃ Appendix α 7 ˂ 1 ˀϭ 2005 α 6 ˂ 30 ˀଊ։ͨ౨ʑ̇ؒɁࡗઐᔈկࡗผ˚ʥկࡗؿᓯዃ 2003 1 Bio-data of the Chairman and Members of the Judicial Officers Recommendation Commission for the current term 1 July 2003 to 30 June 2005........................................ 32 – 35 Έඖ̇ؒᓻϽؿؒց߬ұ 2 Statutory Requirements for Various Judicial Offices ........................................................ 36 – 43 Ӱ Forewordک Ɏcȹዟ͓ An independent Judiciary upholding the rule ofڬΕȹਝԭԹؿࡈ ࠗಋԞ႓ law is of cardinal importance to Hong Kong -
香港特别行政区排名名单 the Precedence List of the Hong Kong Special Administrative Region
二零二一年九月 September 2021 香港特别行政区排名名单 THE PRECEDENCE LIST OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION 1. 行政长官 林郑月娥女士,大紫荆勋贤,GBS The Chief Executive The Hon Mrs Carrie LAM CHENG Yuet-ngor, GBM, GBS 2. 终审法院首席法官 张举能首席法官,大紫荆勋贤 The Chief Justice of the Court of Final The Hon Andrew CHEUNG Kui-nung, Appeal GBM 3. 香港特别行政区前任行政长官(见注一) Former Chief Executives of the HKSAR (See Note 1) 董建华先生,大紫荆勋贤 The Hon TUNG Chee Hwa, GBM 曾荫权先生,大紫荆勋贤 The Hon Donald TSANG, GBM 梁振英先生,大紫荆勋贤,GBS, JP The Hon C Y LEUNG, GBM, GBS, JP 4. 政务司司长 李家超先生,SBS, PDSM, JP The Chief Secretary for Administration The Hon John LEE Ka-chiu, SBS, PDSM, JP 5. 财政司司长 陈茂波先生,大紫荆勋贤,GBS, MH, JP The Financial Secretary The Hon Paul CHAN Mo-po, GBM, GBS, MH, JP 6. 律政司司长 郑若骅女士,大紫荆勋贤,GBS, SC, JP The Secretary for Justice The Hon Teresa CHENG Yeuk-wah, GBM, GBS, SC, JP 7. 立法会主席 梁君彦议员,大紫荆勋贤,GBS, JP The President of the Legislative Council The Hon Andrew LEUNG Kwan-yuen, GBM, GBS, JP - 2 - 行政会议非官守议员召集人 陈智思议员,大紫荆勋贤,GBS, JP The Convenor of the Non-official The Hon Bernard Charnwut CHAN, Members of the Executive Council GBM, GBS, JP 其他行政会议成员 Other Members of the Executive Council 史美伦议员,大紫荆勋贤,GBS, JP The Hon Mrs Laura CHA SHIH May-lung, GBM, GBS, JP 李国章议员,大紫荆勋贤,GBS, JP Prof the Hon Arthur LI Kwok-cheung, GBM, GBS, JP 周松岗议员,大紫荆勋贤,GBS, JP The Hon CHOW Chung-kong, GBM, GBS, JP 罗范椒芬议员,大紫荆勋贤,GBS, JP The Hon Mrs Fanny LAW FAN Chiu-fun, GBM, GBS, JP 黄锦星议员,GBS, JP 环境局局长 The Hon WONG Kam-sing, GBS, JP Secretary for the Environment # 林健锋议员,GBS, JP The Hon Jeffrey LAM Kin-fung, GBS, JP 叶国谦议员,大紫荆勋贤,GBS, JP The Hon -
Multilingual Named Entity Extraction and Translation from Text and Speech
DRAFT COPY ONLY MULTILINGUAL NAMED ENTITY EXTRACTION AND TRANSLATION FROM TEXT AND SPEECH Fei Huang November 2005 CMU-LTI-XXX-XX Language Technologies Institute School of Computer Science Carnegie Mellon University THESIS COMMITTEE Alexander Waibel (Chair) Stephan Vogel Alon Lavie Kevin Knight (USC/ISI) Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy °c 2005 Fei Huang 1 DRAFT COPY ONLY Abstract Named entity (NE), the noun or noun phrases referring to per- sons, locations and organizations, are among the most information- bearing linguistic structures. Extracting and translating named en- tities benefits many natural language processing problems such as cross-lingual information retrieval, cross-lingual question answer- ing and machine translation. In this thesis work we propose an efficient and effective framework to extract and translate NEs from text and speech. We adopt the hidden Markov model (HMM) as our baseline NE extraction sys- tem, and investigate its performance in multiple language pairs with varying amount of training data. We expand the baseline text NE tagger with a context-based NE extraction model, which aims to detect and correct NE recognition errors from automatic speech recognition hypotheses. We also adapt the broadcast news trained NE tagger for meeting transcripts. We develop several language-independent features to capture pho- netic and semantic similarity measures between source and target NE pairs. We incorporate these features to solve various NE trans- lation problems presented in different language pairs (Chinese to English, Arabic to English and Hindi to English), with varying re- sources (parallel and non-parallel corpora as well as the world wide web) and different input data streams (text and speech).