School of Law Newsletter – Vol.4 No.1 May 2008 1 Advanced Legal Education for Mainland Judges

Total Page:16

File Type:pdf, Size:1020Kb

School of Law Newsletter – Vol.4 No.1 May 2008 1 Advanced Legal Education for Mainland Judges SchoolSchool ofof LawLaw NewsletterNewsletter School of Law (SLW), City University of Hong Kong Vol.4, No.1, May 2008 Inside Message from the Dean Advanced Legal Education n this age of globalisation, legal education worldwide is for Mainland Judges............ 2 undergoing significant changes and facing unprecedented Agreement with Oxford ........... 3 Ichallenges. Law schools can no longer operate in a Cooperation with UNCTAD ..... 3 traditional way as before and continuous improvements have to be made to cope with the global trend and meet the higher level Distinguished Experts Join of expectations. Against this background, our School of Law has IAB ...................................... 4 taken special measures to respond to these challenges and at the Video-link Seminar with same time to contribute to the development of legal education Yale Law School ................. 6 and training in Hong Kong as well as in the Asia-Pacific region. Eminent Speakers Lecture ..... 7 It gives me great pleasure to report in this Newsletter that our Asia Pacific Law Review School has made significant progress and achievements over the Enters SSCI ........................ 8 past few months. We have invited a number of world renowned Dean Lectures at United scholars from the Yale Law School and University of Oxford Professor Wang Guiguo Nations ................................ 9 and distinguished legal practitioners to join our School as Honourary or Adjunct Professors. Dean Visits the US ................ 10 Also we have concluded three landmark agreements with universities and institutions Focus Groups and Peer overseas and in the Mainland. Review .............................. 11 First, our School signed an agreement with the University of Oxford, as the second initiative School of Law Gears Up under the Global Legal Education and Awareness Project (G-LEAP). The agreement is for LLB in 2012.................. 12 similar to the one with the Monash University and enables our students to study a course for LLB Admission one month at the University of Oxford. The cooperation will provide valuable opportunities Scholarships ..................... 13 for our students to broaden their horizons and experience the Oxford system of education. Law Student Excels in Speech Contest ................ 13 Second, our School signed two exclusive agreements in Beijing with the Supreme People’s Court and the National Judges College for the provision of advanced legal training to PCLL Restructuring .............. 14 Chinese judges. This is the first time that the Supreme People’s Court and the National School of Law Retreat .......... 14 Judges College have collaborated with an academic institution outside the Mainland in Honourary and Adjunct relation to legal training for Chinese judges, in particular for senior judges. Our School Professors ......................... 15 is honoured to have the opportunity to take part in these meaningful projects and will Publications .......................... 15 endeavour to contribute to enhancing professionalism and internationalisation of the judicial system in China. Third, our School signed a Memorandum of Understanding (MoU) with the United Nations Conference on Trade and Development (UNCTAD). The MoU covers training and capacity building in the field of international dispute resolution for policy makers, investors, businessmen and legal service providers. It is the first agreement that UNCTAD has ever signed with a university in the Asia-Pacific region on dispute settlement. All these collaborations will not only expand the learning opportunities of our students, but will also enhance the reputation and international profile of our School. I am grateful to my colleagues and the University management for providing unrelenting support for these initiatives. Professor Wang Guiguo Dean & Professor (Chair) of Chinese and Comparative Law CityU School of Law Newsletter – Vol.4 No.1 May 2008 1 Advanced Legal Education for Mainland Judges Advanced Legal Education and Training for Mainland Judges The School of Law of CityU will thanked CityU for provide advanced legal education and providing training training to serving judges in mainland to mainland judges. China under an agreement signed “CityU is a renowned with the Supreme People’s Court and international tertiary the National Judges College on 29 institution and it is February at the PRC’s Supreme Court also an institution in Beijing. CityU will become the only recognised by judge training base outside mainland the Ministry of China assisting the National Judges Education,” said Mr College in the provision of advanced Wan. “The School of legal training for serving judges. Law at CityU excels with its strong team (Front row, from left to right) Professor Richard Ho & Professor Richard Ho Yan-ki, Acting Mr Wan Exiang of outstanding academics President of CityU, said, “The and its comprehensive institutions in the United States and Supreme Court of the PRC is the top experience in providing training United Kingdom for one month. judicial institution. As a unit of the services. The LLM programme for Supreme Court, the National Judges mainland judges reflects the objective In addition, the School signed another College is responsible for the training of sharing education resources and agreement for “advanced legal training of judges and study of judicial cases. revamping the training programmes of for mainland senior judges”, with a In just ten years, it has grown from the Supreme Court of the PRC.” view to providing judiciary training. an amateur law school and judge The one-month course will be held training centre to a modern, organised This is the first time the Supreme three or four times a year, with 30 and professional law institution. It People’s Court and National Judges to 35 senior judges selected and is the alma mater of senior judges College have collaborated with an recommended by the National Judges with branch units in all 26 provinces, academic institution to provide training College participating in the course in cities and autonomous regions of the for mainland judges at the master’s Hong Kong. mainland.” degree level. In this collaboration, CityU’s School of Law will design Professor Wang Guiguo, Dean “Our School of Law of CityU’s School of Law, said, excels in its strong team “The training of mainland judges of outstanding academics, has now entered a more advanced state-of-the-art teaching and stage. Mainland judges also need to learning facilities and close understand overseas legal systems. ties with renowned overseas Judges who enrol in the programme institutions. Therefore, can study at CityU as well as renowned we will not only enhance overseas institutions, so they can the legal knowledge of compare the different viewpoints mainland judges but also and judicial procedures of overseas help them understand the countries. At the same time, our local viewpoints and practices of law students will benefit from studying international legal systems. (From right) Professor Wang Guiguo, Professor Richard Ho alongside the mainland judges.” & Mr Gu Minkang Mainland judges will have the opportunity to improve their level of professionalism to better a customised LLM programme for Source: CityU News Centre serve China’s civil and economic as many as 30 judges selected and development,” said Professor Ho. recommended by the College under the Mr Wan Exiang, Vice-President of the advice of the Supreme People’s Court. Supreme People’s Court, expressed CityU will also arrange for the students his delight with the collaboration and to enrol in courses at prestigious CityU School of Law Newsletter – Vol.4 No.1 May 2008 2 Agreement with Oxford / Cooperation with UNCTAD School of Law Signs an Agreement with Oxford CityU’s School of Law signed an important, CityU has been actively agreement with the University College, exploring various collaborative and Oxford, UK, under the Global Legal exchange programmes to widen Education and Awareness Project students’ global perspective and (G-LEAP) on 27 February to provide allow them to tackle challenges the law students an opportunity of worldwide,” said CityU Acting studying and living in a foreign President Professor Richard Ho (From left) Professor Adrian Zuckerman, jurisdiction. The agreement reflects Yan-ki. Professor Richard Ho & Professor Wang Guiguo the efforts of the School to provide Chair Professor Wang Guiguo, Dean globalised education through Oxford, joining the School’s G-LEAP. of the School of Law, said it was an cooperation with top institutions. “It is always a dream for students in honour to have the University College, Hong Kong and all over the world to Similar to the agreement with the gain a chance to study at the Oxford Monash University signed in October University,” he said. last year, this new agreement enables CityU law students to spend a month Professor Adrian Zuckerman, studying a course at the University University of Oxford, said the College, Oxford. The programme arrangement placed CityU students will commence in June 2009 and is in a privileged position. “Not only expected to involve 40 CityU law are CityU students fortunate enough students. The School is exploring to study in such a major city as Hong further collaborative opportunities with Kong, the gateway to China, but they other overseas universities. will now have the global edge with access to the University College, “With globalisation in tertiary (From left) Professor Adrian Zuckerman, Professor Richard Ho, Professor Paul Lam &
Recommended publications
  • The Rule of Law in an Evolving Democracy Syed Kemal Bokhary* I
    THE RULE OF LAW IN AN EVOLVING DEMOCRACY Syed Kemal Bokhary* No democratic arrangement is perfect. All are open to abuse. Still democracy’s blessings are self-evident. Hong Kong’s democracy is evolving, and still far from fully realised. Everybody agrees that an increase is needed. But the pace and form of the increase are matters of political controversy. Absent full democracy, can the rule of law prevail? Yes, but only on certain conditions. There has to be independent judicial stewardship of an entrenched constitution. Powers must be properly separated. Human rights must be protected conformably with international norms.1 And the existence of the rule of law must not be treated as justification for delay in democratic development. Without defining the rule of law, these conditions illustrate its nature. I. Judicial Independence and an Entrenched Constitution Our judiciary – as I have previously explained in Hong Kong2, in Mainland China 3 and overseas 4 – is independent. And it is well served by an able profession, a learned academy, a free media and an alert population. Hong Kong’s constitution is entrenched. Initially our constitutional instruments were the Letters Patent and the Royal Instructions. In 1991 they were joined by the Bill of Rights which is modelled on the International Covenant on Civil and Political Rights. Today our constitution is the Basic Law. It came into force upon the handover by which Chinese sovereignty of Hong Kong was resumed on 1 July 1997. By its preamble, the Basic Law declares the “one country, two systems” principle. It is pursuant to this principle that Hong Kong’s system is preserved different from the Mainland’s.
    [Show full text]
  • 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).
    [Show full text]
  • In the Court of Final Appeal of the Hong Kong Special Administrative Region
    FACV No. 17 of 2008 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 17 OF 2008 (CIVIL) (ON APPEAL FROM CACV NO. 248 OF 2006) _____________________ Between : PECONIC INDUSTRIAL DEVELOPMENT LTD Plaintiff (Appellant) - and - LAU KWOK FAI 1st Defendant (Respondent) ALBERT K.K. LUK & CO. (a firm) 2nd Defendant K.F. LAU & CO. (a firm) 3rd Defendant (Respondent) _____________________ FACV No. 18 of 2008 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 18 OF 2008 (CIVIL) (ON APPEAL FROM CACV NO. 245 OF 2006) _____________________ - 2 - Between : PECONIC INDUSTRIAL DEVELOPMENT LTD Plaintiff (Appellant) - and – LAU KWOK FAI 1st Defendant ALBERT K.K. LUK & CO. (a firm) 2nd Defendant (Respondent) K.F. LAU & CO. (a firm) 3rd Defendant _____________________ Court : Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Lord Hoffmann NPJ Dates of Hearing : 9 to 11 February 2009 Date of Judgment : 27 February 2009 J U D G M E N T Mr Justice Bokhary PJ : 1. I agree with the judgment of Lord Hoffmann NPJ. Mr Justice Chan PJ : 2. I agree with the judgment of Lord Hoffmann NPJ. Mr Justice Ribeiro PJ : 3. I agree with the judgment of Lord Hoffmann NPJ. - 3 - Mr Justice Litton NPJ : 4. On 1 June 2006, after trial, the judge ordered Danny Lau to pay to Peconic the sum of HK$350,534,416, leaving the question of interest and cost for later determination. He also gave judgment against the firms Albert K.K.
    [Show full text]
  • In the Court of Final Appeal of the Hong Kong Special Administrative Region
    FACV No. 5 of 2005 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 5 OF 2005 (CIVIL) (ON APPEAL FROM CACV NO. 43 OF 2004) _____________________ Between: TRIPOLE TRADING LIMITED 1st Defendant/Appellant ZHENG LIE LIE 2nd Defendant/Appellant DING PENG 4th Defendant/Appellant - and - PROSPERFIELD VENTURES LIMITED Plaintiff/Respondent _____________________ FACV No. 6 of 2005 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 6 OF 2005 (CIVIL) (ON APPEAL FROM CACV NO. 35 OF 2004) _____________________ Between: DING PENG 1st Defendant/Appellant ZHENG LIE LIE 2nd Defendant/Appellant CHINA PROJECTS LIMITED 5th Defendant/Appellant - and - PANCO INDUSTRIAL HOLDINGS LIMITED Plaintiff/Respondent _____________________ - 2 - Court: Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Lord Hoffmann NPJ Dates of Hearing: 7, 8 and 9 December 2005 Date of Judgment: 5 January 2006 J U D G M E N T Mr Justice Bokhary PJ and Mr Justice Chan PJ : 1. We would allow both appeals and make the orders proposed by Mr Justice Ribeiro PJ and Mr Justice Litton NPJ in their joint judgment, doing so for the reasons given in that joint judgment and in Lord Hoffmann NPJ’s judgment. Mr Justice Ribeiro PJ and Mr Justice Litton NPJ : Introduction 2. These two appeals (heard together) concern the equitable remedies that might properly flow from admitted breaches of fiduciary duties on the part of company directors. 3. There are two plaintiffs. One is Prosperfield Ventures Ltd (“Prosperfield”); the other is Panco Industrial Holdings Ltd (“Panco”).
    [Show full text]
  • Civil) (On Appeal from Cacv No
    FACV No. 11 of 2002 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 11 OF 2002 (CIVIL) (ON APPEAL FROM CACV NO. 186 OF 2002) _______________________ Between: MERCK SHARP & DOHME LIMITED Appellant - and - THE REGISTRAR OF PATENTS Respondent _______________________ Court: Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Silke NPJ and Lord Millett NPJ Date of Hearing: 25 November 2002 Date of Judgment: 5 December 2002 _______________________ J U D G M E N T _______________________ Mr Justice Bokhary PJ: 1. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Chan PJ: 2. I agree with the judgment of Mr Justice Ribeiro PJ. — 2 — Mr Justice Ribeiro PJ: 3. In this appeal, it falls to be considered whether certain sections of the Patents (General) Rules (“the Rules”) are ultra vires. The relevant provisions are those which lay down a one month time-limit for effecting registration of a court order for amendment of a patent made under s 46 of the Patents Ordinance, Cap 514 (“the Ordinance”) and which preclude the Registrar of Patents (“the Registrar”) from granting any extension of time for registration. They are s 39(1) and that part of s 100(2) of the Rules which refers to s 39(1) (together “the relevant rules”). The facts 4. A pharmaceutical patent, namely, European Patent Publication No. EP 0411 668 (“the European Patent”), was filed by the appellant, a United Kingdom company, at the European Patent Office on 3 August 1990.
    [Show full text]
  • The Politics of Constitutional Common Law in Hong Kong Under Chinese Sovereignty
    CORE Metadata, citation and similar papers at core.ac.uk Provided by UW Law Digital Commons (University of Washington) Washington International Law Journal Volume 25 Number 3 Asian Courts and the Constitutional Politics of the Twenty-First Century 6-1-2016 The Politics of Constitutional Common Law in Hong Kong under Chinese Sovereignty Eric C. Ip Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation Eric C. Ip, The Politics of Constitutional Common Law in Hong Kong under Chinese Sovereignty, 25 Wash. L. Rev. 565 (2016). Available at: https://digitalcommons.law.uw.edu/wilj/vol25/iss3/6 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association THE POLITICS OF CONSTITUTIONAL COMMON LAW IN HONG KONG UNDER CHINESE SOVEREIGNTY Eric C. Ip† Abstract: This article studies how the Hong Kong Court of Final Appeal has come to develop a sophisticated judicial gloss on the provisions of the Basic Law, Hong Kong’s constitutional document, in ways unforeseen by the Chinese National People’s Congress that enacted it. The ascendancy of constitutional common law in Hong Kong after the end of British rule is remarkable when considered in light of the continuing denial of democratic self-rule by China’s authoritarian Party-state.
    [Show full text]
  • Christopher Leong
    FEBRUARY 2019 二零一九年二月 HK$308 h k - l a w y e r . org Cover Story 封面專題 Face to Face with 專 訪 Christopher Leong President, LAWASIA 梁肇富 LAWASIA會長 PUBLIC RECORDS 公 共 記 錄 ACCESS TO INFORMATION 索取資料 ARBitratioN 仲裁 An Overview of the An Overview of the Is the Right to Appeal Appealing to Consultation Paper on Consultation Paper on Access the Commercial World? Archives Law to Information 對仲裁裁決的上訴權是否對商業社 概述檔案法諮詢文件 《公開資料》諮詢文件概覽 會具有吸引力? SPONSORSHIP OPPORTUNITIES NOW AVAILABLE! Contact Tracy at [email protected] SAVE THE DATE! to join the mailing list to receive INDIA - February 28 event updates and submission details. MALAYSIA - March 28 Contact Amantha at [email protected] SE ASIA - April 11 for more information on sponsorship and get publicity across the region. CHINA - April 18 JAPAN - June 12 SHARE YOUR ALB MOMENTS ON HONG KONG - September 6 SOCIAL MEDIA #ALBAWARDS INDONESIA - October 10 PHILIPPINES - October 25 KOREA - November 14 WWW.LEGALBUSINESSONLINE.COM/LAW-AWARDS Hong Kong Lawyer 香港律師 www.hk-lawyer.org 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 February issue Nick Chan 陳曉峰 Peter CH Chan 陳志軒 二月期刊內容 Charles CC Chau 周致聰 Michelle Cheng 鄭美玲 Heidi KP Chu 朱潔冰 編者的話 Julianne P Doe 杜珠聯 3 Editor’S Note Elliot Fung 馮以德 4 PRESIDENT’S Message 會長的話 Steven Brian Gallagher Warren P Ganesh 莊偉倫 6 CONTRIButors 投 稿 者 Julienne Jen 任文慧
    [Show full text]
  • FACV No. 15 of 2013 in the COURT of FINAL APPEAL of the HONG
    FACV No. 15 of 2013 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 15 OF 2013 (CIVIL) (ON APPEAL FROM CACV NO. 267 OF 2011) _______________________ Between : GHULAM RBANI Plaintiff (Appellant) and SECRETARY FOR JUSTICE for and on behalf of the Defendant DIRECTOR OF IMMIGRATION (Respondent) _______________________ Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Bokhary NPJ and Lord Walker of Gestingthorpe NPJ Date of Hearing: 25 February 2014 Date of Judgment: 13 March 2014 J U D G M E N T Chief Justice Ma: 1. I agree with the judgment of Mr Justice Ribeiro PJ. -2- Mr Justice Ribeiro PJ: 2. The appellant brought proceedings against the Director of Immigration for damages for false imprisonment claiming that he had been unlawfully detained purportedly under section 32 of the Immigration Ordinance (“IO”).1 His claim was dismissed by HH Judge Leung in the District Court2 and his appeal against that judgment was dismissed by the Court of Appeal.3 Leave to appeal to this Court was given by the Appeal Committee4 on the basis that a point of law of the requisite importance arises on the appeal, namely: “To what extent are the detention powers contained in section 32(2A) of the IO subject to an applicable principle of law barring arbitrary or unlawful detention?” A. The factual background 3. The appellant may be described as a serial over-stayer. He is a Pakistani national and first came to Hong Kong in 1992 using a passport bearing the name “Ghulam Rubbani” and stating his date of birth as 15 April 1971.
    [Show full text]
  • Democratic Republic of the Congo V. FG
    Judgment Summary FACV Nos 5, 6 & 7 of 2010 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS 5, 6 & 7 OF 2010 (CIVIL) (ON APPEAL FROM CACV NOS 373 OF 2008 AND 43 OF 2009) _____________________ Between: DEMOCRATIC REPUBLIC OF THE CONGO 1st Appellant CHINA RAILWAY GROUP (HONG KONG) LIMITED 2nd Appellant CHINA RAILWAY RESOURCES DEVELOPMENT 3rd Appellant LIMITED CHINA RAILWAY SINO-CONGO MINING LIMITED 4th Appellant CHINA RAILWAY GROUP LIMITED 5th Appellant SECRETARY FOR JUSTICE 6th Appellant - and - FG HEMISPHERE ASSOCIATES LLC Respondent _____________________ Coram : Mr Justice Bokhary PJ, Mr Justice Chan PJ Mr Justice Ribeiro PJ, Mr Justice Mortimer NPJ and Sir Anthony Mason NPJ Dates of Hearing : 21-25, 28 & 29 March 2011 Date of Judgment : 8 June 2011 - 2 - J U D G M E N T Mr Justice Bokhary PJ : 1. It has always been known that the day would come when the Court has to give a decision on judicial independence. That day has come. Judicial independence is not to be found in what the courts merely say. It is to be found in what the courts actually do. In other words, it is to be found in what the courts decide. My judgment continues under the following sub-headings :- Paras (1) Core question of law : absolute or restrictive immunity?......... 2 – 5 (2) Facts…………………………………………………………. 6 – 18 (3) Saw J’s ex parte order : enforcement, service and injunctions 19 – 20 (4) Discharged inter partes by Reyes J………………………….. 21 (5) Restored by Court of Appeal subject to a remitter ………….
    [Show full text]
  • Monthly Report HK
    September 2011 in Hong Kong 30.9.2011 / No 93 A condensed press review prepared by the Consulate General of Switzerland in HK Economy + Finance HK in big sell on yuan services: HK Monetary Authority chairman Norman Chan has tried to entice the City of London to co-operate in delivering yuan products and services to Europe. Chan made his appeal at an investment symposium attended by more than 1,700 companies in London. "We believe internationalisation of the yuan will proceed, and it will proceed very quickly. It does not matter whether you are a company or from a bank because there are lots of ways HK can help you to build and develop the off-shore yuan business." Chief Executive Donald Tsang also spoke, encouraging small and medium companies to use HK as a gateway to the mainland and Asia. James Sassoon, commercial secretary to the UK Treasury, said companies must "look East" to sail through the economic slowdown at home and in Europe. Jack So, chairman of the HK Trade Development Council, said the "gloom and doom" in Europe and the US had accelerated the shift of economic power. HK still freest economy, but ranking at risk: HK has again been named the freest economy in the world, but the city could be heading downhill from here on, a Canadian free-market think tank says. For the 33rd consecutive year the city has topped the ranking, but the minimum wage law, the competition law now under debate, and the city's increasing economic ties with the mainland may mean the best is in the past, the Fraser Institute said.
    [Show full text]
  • Secretary of Justice V Yau Yuk Lung Zigo (Court of Final Appeal)
    FACC No. 12 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 12 OF 2006 (CRIMINAL) (ON APPEAL FROM HCMA NO. 107 OF 2006) _____________________ Between: SECRETARY FOR JUSTICE Appellant - and - YAU YUK LUNG ZIGO 1st Respondent LEE KAM CHUEN 2nd Respondent _____________________ Court: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Sir Anthony Mason NPJ Dates of Hearing: 25 and 26 June 2007 Date of Judgment: 17 July 2007 ______________________ J U D G M E N T ______________________ Chief Justice Li: 1. Equality before the law is a fundamental human right (“the right to equality”). Equality is the antithesis of discrimination. The constitutional right to equality is in essence the right not to be discriminated against. It guarantees protection from discrimination. The right to equality is enshrined in numerous international human rights instruments and is widely embodied in the constitutions of jurisdictions around the world. It is constitutionally protected in Hong Kong. 1 2. Discriminatory law is unfair and violates the human dignity of those discriminated against. It is demeaning for them and generates ill-will and a sense of grievance on their part. It breeds tension and discord in society. 3. The question in this appeal is whether s.118F(1) of the Crimes Ordinance, Cap. 200 (“s. 118F(1)”), which criminalises homosexual buggery committed otherwise than in private, is unconstitutional on the ground that it is discriminatory and infringes the constitutional right to equality. The charges 4. The respondents were charged with having committed buggery with each other otherwise than in private, contrary to s.
    [Show full text]
  • Hong Kong Book Catalogue
    2021 Hong Kong July Book Catalogue ENCYCLOPAEDIC WORKS & LOOSELEAF SERVICES Law. In Sync. Title Index Encyclopaedic Works • Atkin's Court Forms Hong Kong • Halsbury's Laws of Hong Kong - Second Edition • The Annotated Ordinances of Hong Kong • The Hong Kong Encyclopaedia of Forms and Precedents Law Reports • Hong Kong Cases • Hong Kong Conveyancing and Property Reports • Hong Kong Family Law Reports • Hong Kong Public Law Reports Looseleafs • Banking Law: Hong Kong SAR and People's Republic of China • Butterworths Hong Kong Personal Injury Service • Criminal Evidence in Hong Kong • Criminal Procedure: Trial on Indictment • Emden's Construction Law Hong Kong • Encyclopaedia of Hong Kong Taxation • Hong Kong Civil Court Practice • Hong Kong Company Law: Legislation and Commentary • Hong Kong Conveyancing • Hong Kong Corporate Law • Hong Kong Employment Law Manual • Hong Kong Employment Ordinance: An Annotated Guide • Hotten and Ho on Family and Divorce Law in Hong Kong • Intellectual Property in Hong Kong • Securities Law: Hong Kong SAR and People's Republic of China • The Professional Conduct of Lawyers in Hong Kong LexisNexis® Hong Kong - Encyclopaedic Works & Looseleaf Services 2021 Atkin's Court Forms Hong Kong ISBN: Update frequency: 9789628105472 6 issues a year Format: Looseleaf set (10 binders); Lexis Advance® Hong Kong (Online) Scan me for details https://www.lexisnexis.com.hk/ACFHK An unrivalled collection of the main procedural documents required in every civil proceeding before the courts in Hong Kong. Your guide through all the essential stages of proceedings, from pre-action to post-judgment, providing a structured and reliable guide to help you plead with confidence. This essential practical encyclopaedia is the authoritative local version Titles Covered: of the UK encyclopaedic work, fully adapted to the needs of the Hong Kong practitioner.
    [Show full text]