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 & Oxford,” he said. education becoming increasingly Professor Wang Guiguo Source: CityU News Centre
CityU and UNCTAD Launch Joint International Dispute Settlement Project becoming a legal hub The School of Law of CityU in regard to dispute has signed a Memorandum of settlement. “CityU is Understanding (MoU) with the dedicated to providing United Nations Conference on Trade students with high quality and Development (UNCTAD) on 10 legal education to meet March on enhancing capacity building an increasing demand in the field of international dispute for experts in dispute settlement. This MoU on international settlement, to better serve dispute settlement is the first (From left) Professor Richard Ho, Dr Supachai Panitchpakdi, the community and the agreement of its kind that UNCTAD Dr Norman Leung & Professor Wang Guiguo region,” Dr Leung said. has signed with a university in the Professor Richard Ho Yan- Asia-Pacific region. Chancellor of CityU, said that in facing the challenges of internationalisation, ki, Acting President of CityU, said Dr Norman Leung Nai-pang, Pro- Hong Kong was striding towards the University had attained a new
CityU School of Law Newsletter – Vol.4 No.1 May 2008 3 Distinguished Experts Join IAB
milestone. “CityU has extended its legal education and professional extensive international partnership training,” he added. network, further strengthening the UNCTAD is the principal organ foundations of the University’s of the United Nations for the internationalisation, while integrated treatment of trade and simultaneously raising the University’s development and interrelated issues status among international peers,” in the areas of finance, technology, Professor Ho said. investment and sustainable “With Hong Kong’s CityU working development. The UNCTAD towards becoming a regional hub for Project on Dispute Settlement professional education and training in Dr Supachai Panitchpakdi promotes effective integration this area, I believe that this MoU will of developing countries into the During the ceremony, Professor (Chair) reinforce our common aim to enhance multilateral trading system through Wang Guiguo, Dean of the School of expertise on dispute settlement development and dissemination of Law said that the School of Law was in international trade, investment specialised information, promotion very honoured to have the opportunity and intellectual property, and on of research on related international to cooperate with UNCTAD. “On behalf international commercial arbitration in and regional issues and through of the School, I would like to express the Asia-Pacific region. I look forward promoting the rules and practices of my sincere gratitude to UNCTAD for to a fruitful collaborative relationship,” institutionalised dispute settlement. their trust and support as well as their Dr Supachai Panitchpakdi, Secretary- recognition of our contribution to Source: CityU News Centre General of UNCTAD said.
Distinguished Experts Join CityU Law School’s International Advisory Board
The School of as they highlighted the Law at CityU University’s societal has invited and international three dis- connections. “It tinguished does not simply experts signify that CityU to join the is interconnected International with universities Advisory beyond Hong Kong. Board (IAB). This interconnectivity Dr Xiao Yang, Dr Xiao Yang Judge Sang-hyun Song Mr George Tam Siu-ping reaches into the local former President community,” he said. of the Supreme People’s Court, is Their expertise in the legal and Educating the public to have an appointed as the Honourary Chairman education fields enhance the quality awareness of the rule of law is one of IAB, the Hon Sang-hyun Song, of teaching and research at the of the School’s major roles, said Judge of the International Criminal School, further exemplifying CityU’s Professor (Chair) Wang Guiguo, Court in The Hague, and Mr George dedication to nurturing students Dean of the School of Law. “A central Tam Siu-ping, Principal of Wah Yan with the requisite knowledge of the feature of Hong Kong is that it is a College Hong Kong, are appointed as globalised world. society governed by rule of law, so the members of IAB. Professor Richard Ho Yan-ki, we need the guidance of lawyers and A conferment ceremony was held on Acting President of CityU, said the judges. At the same time, society must 6 May. appointments were very significant provide the right environment for this
CityU School of Law Newsletter – Vol.4 No.1 May 2008 4 Distinguished Experts Join IAB
committee to the and International Legal Studies at Korean Supreme Court Harvard Law School; and Ministry of Justice, • Mr Philip Dykes SC, a practising he participated in the barrister (Senior Counsel) in Hong reform of the national Kong who was elected Chairman of litigation system and in the Hong Kong Bar Council in 2005 particular of its Penal and 2006; Code, and the Court Rules of Criminal • Professor Timothy Endicott, Procedure and criminal Professor of Legal Philosophy court processes. and Dean of the Faculty of Law, University of Oxford; Mr George Tam has • Professor Daniel R Fung, former been the Principal of Solicitor-General of the Hong Kong Wah Yan College Hong Special Administrative Region; Kong since 1996. He (From left) Professor Richard Ho, Mr George Tam & • Professor Hoong Phun Lee, Sir Professor Wang Guiguo has served Hong Kong education for more than John Latham Professor of Law and thirty years, and has Deputy Dean of the Faculty of Law to happen. Our job is to build this been active in helping to formulate at Monash University, Australia; environment in which the rule of law the Grant Schools Council’s role can flourish,”said Professor Wang. • Mr Andrew Liao, a practising in implementing the 3+3+4 policy barrister (Senior Counsel) in Dr Xiao Yang, the former Chief of secondary and post-secondary Hong Kong and a member of the Justice and President of the Supreme education. Executive Council of the HKSAR People’s Court of the People’s Government; The IAB was formed in 2007, Republic of China, has also served as comprising renowned professors from • Professor Stephen P Marks, Procurator-General of the Guangdong Harvard, Yale and Oxford universities François-Xavier Bagnoud Professor Provincial People’s Procuratorate, and experienced legal practitioners, of Health and Human Rights at Deputy Procurator-General of the to help the School cope with the Harvard University; Supreme People’s Procuratorate, challenges of a globalised legal and Minister of Justice. While • Professor Mitsuo Matsushita, education environment. The IAB held serving as the Minister of Justice, Professor of Law at Seikei its inaugural meeting and a roundtable Dr Xiao reformed the system, University and Professor Emeritus discussion on “Globalisation and successfully transforming the status at University of Tokyo, Japan; Legal Education” last year. of lawyers from legal workers to • Professor Gerard McCoy, Adjunct legal practitioners who serve the Chairmen of the IAB include: Professor at University of needs of the country. He set up the • Dr Simon Ip Sik-on, a solicitor, Canterbury in New Zealand; first criminal reporting centre for educator and a notary public who • Professor Christopher McCrudden, the general public, the first bureau has served at a number of local Professor in Human Rights Law in dedicated to fighting corruption and tertiary institutions. He was a the Faculty of Law, University of established a legal aid system in legislative councillor (1991–1995) Oxford; China. He also masterminded reform and President of the Law Society of of the prison system. Dr Xiao was • Professor Noh-young Park, Hong Kong (1987–1989); conferred Honourary Doctor of Laws Professor of International Law and at CityU in 2004. • Dr Michael J Moser, an attorney-at- Vice-President of Korea University, law and a partner with O’Melveny Seoul; and The Hon Sang-hyun Song is a Judge & Myers LLP, has been named • Professor W Michael Reisman, in the International Criminal Court at among the top 500 lawyers in the Myres S McDougal Professor of The Hague, The Netherlands. He was Asia-Pacific region by Asia Pacific International Law at Yale Law elected for a three-year term from the Legal 500. School. Asian Group of States and has been assigned to the Appeals Division since Other board members include: 2003. He was Professor of Law at • Professor William Alford, Henry L Seoul National University from 1972 Stimson Professor of Law and Vice- to 2007. As a member of the advisory Dean of the Graduate Programme Source: CityU News Centre
CityU School of Law Newsletter – Vol.4 No.1 May 2008 5 Video-link Seminar with Yale Law School
Pilot Video-link Seminar with Yale Law School
Video-link Seminar with Professor Michael Reisman
The School of Law at CityU held a a global perspective and learning He then delivered a talk entitled Law video-link seminar with Yale Law experience in the study of law. Teaching Skills and Methodology School on 19 February at 9:30am and shared his valuable experience “Through such virtual seminars, (Hong Kong time). It was the first with his teaching counterparts in it is easier for the School of Law virtual seminar conducted by both Hong Kong. The seminar was highly to get world-class professors to schools. Professor Michael Reisman, interactive with a lively exchange of teach our students. Otherwise, such Myres S. McDougal Professor views on teaching law. distinguished scholars might not be of International Law at Yale Law able to spend time with us, given Professor Reisman has agreed to School and a member of the School’s their busy schedules. This also teach a course on a weekly basis International Advisory Board, means that our students will have the through video conferencing in was the guest speaker. The virtual opportunity to learn from world- the coming academic year. The seminar is indicative of CityU’s class professors, without having to School of Law has also invited global outlook and continuing leave the CityU campus. We hope two professors from the University pursuit of excellence. this project will eventually develop of Oxford to teach in Semester The virtual seminar was a pilot into a situation whereby our students A, 2008/09. They are Professor run of the School’s initiative to could sit in the classes of Yale, Roger Hood, Emeritus Professor of invite renowned professors from Oxford and other top law schools Criminology, and Professor Adrian prestigious law schools to teach and interact with their students,” Zuckerman, Professor of Civil its students. It is also an important said Professor (Chair) Wang Guiguo, Procedure. step in delivering world-class legal Dean of the School. education to CityU students. The “This is a historic moment for the School of Law’s principal objective creation of a virtual university in the is to support and improve legal globalised world,” said Professor Source: CityU News Centre education and training in Hong Reisman at the start of the seminar. Kong, and to provide students with
CityU School of Law Newsletter – Vol.4 No.1 May 2008 6 Eminent Speakers Lecture
Judge Song Delivers Eminent Speakers Lecture on the Independence of the International Criminal Court
and contemporary procedures of the ICC clearly reflect jurisprudence of the the independence of the ICC as an ICC, with a special focus organ and that of its office bearers. on safeguards against The independence of the ICC is further political influence. The strengthened by a Code of Judicial speaker highlighted Ethics adopted in 2005. the history of the Judge Song explained how the ICC has establishment of the been developing its own jurisprudence ICC and the fragmented while dealing with situations and attempts made by the cases which had come up to the ICC international organisations Judge Sang-hyun Song in the last five years (e.g., situations and community to set up in the Democratic Republic of Congo, n the School of Law’s Eminent Uganda, Central African Speakers Lecture Series, the Republic and Darfur). He Ifirst public lecture for 2008 was stated that judges have delivered by Hon. Judge Sang-Hyun unearthed many ICC rules Song, Judge of the International which are “constructively Criminal Court (ICC) at The Hague, ambiguous” and require The Netherlands. The lecture was judicial interpretation. On held on 10 April at the High Court of such issues, Judge Song the HKSAR. The venue befitted the noted that the ICC has speaker as well as the topic. It was
an international court which had jurisdiction to try war criminals and those alleged with having committed genocide and crimes against humanity. The constitution of the International Criminal Tribunal for Rwanda and former Yugoslavia (ICTR and ICTY) by the UN Security Council in the 1990s further provided an impetus for the adoption of the Rome both a privilege and a treat for the Statute in July 1998 and constitution of (From left) Judge Sang-hyun Song & listeners. Judge Song, who is assigned the ICC in February 2003. Professor Wang Guiguo to the Appeals Division of the ICC, The four organs of the ICC are: the tried to balance the interests of the was warmly greeted by the School’s Presidency; the Chambers (comprising victims and the rigours of the rules of Dean, Professor Wang Guiguo, and the Appeal Chamber, Trial Chamber and procedure. Judge Song expressed the lecture was well received by the faculty, Pre-Trial Chamber); the Office of hope that in view of the mechanisms students and guests. the Prosecutor; and the Registry. The of independence in place and given the The title of the lecture was working of ICC is regulated by the evolving jurisprudence, the ICC should “Independence of the ICC and Rome Statute, the Rules of Procedure be able to deliver justice to victims Safeguards against Political Influence”. and Evidence, and the Regulations of of international crime, genocide and Judge Song presented a detailed the Court. Judge Song emphasized crimes against humanity. insight into the structure, workings that the functions, powers, rules and By Ms Charu Sharma
CityU School of Law Newsletter – Vol.4 No.1 May 2008 7 Asia Pacific Law Review Enters SSCI
Asia Pacific Law Review: The first Asia-based Law Journal to Join SSCI
The Asia Pacific Law Review, a journal of the School of Law of CityU, has become the first Asia-based law journal to be included in the Social Science Citation Index (SSCI), the world-renowned database of Thomson Scientific. The recognition reinforces the reputation of the School, as well as CityU as an international institution.
Thomson Scientific wrote: “Asia Pacific Law Review is a well-produced law journal covering the Asia-Pacific region. Although selection criteria for a regional journal are fundamentally (From left) Professor Wang Guiguo, Professor M J A Cooray & Professor Steve Ching the same as for an international journal, the importance of a regional journal Professor M J A Cooray, Associate journal include ‘Making Law in the is measured in terms of the specificity Dean of the School and the journal’s Courts’ by Justice Kemal Bokhary, of its content rather than in its citation editor-in-chief, regarded the inclusion Permanent Judge of the Hong Kong impact. Asia Pacific Law Review is an of the journal in the SSCI as worthy Court of Final Appeal; ‘Arbitration: excellent resource for Asia-Pacific legal recognition of the very high standard 1979 and All That’ by Sir Thomas studies.” that the journal has maintained. “We will Bingham, Master of the Rolls (later SSCI adopts stringent criteria in continue to publish cutting-edge articles the Lord Chief Justice of England and evaluating journals. It evaluates dealing with legal issues of regional Wales); ‘Comparative Law Teaching and journal’s editorial content, takes into interest but with a global reach,” said Scholarship: Methods and Objectives’ account the international spread of Professor Cooray. by the late Professor Mauro Cappeletti of Stanford University; ‘The Rule contributors and conducts a citation With the stated mission of facilitating of Law in Hong Kong: Immigrant analysis. the dissemination of academics’ works Children, the Court of Final Appeal to the research community, Professor Asia Pacific Law Review joins the and the Standing Committee of the Steve Ching Hsianghoo, University SSCI’s league of leading law journals National People’s Congress’ by Dr Librarian, started working with that includes Harvard Law Review, Mark Elliott and Professor Christopher Thomson Scientific in 2004 to have the Yale Law Journal, Stanford Journal of Forsyth of Cambridge University; and Asia Pacific Law Review included in the International Law, UCLA Law Review ‘Contemporary Challenges of Law: SSCI. He explained that SSCI, unlike and American Journal of Comparative Religion and National Security’ by other freely available search engines, Law. It is also indexed/abstracted in Professor Shimon Shetreet of Hebrew provides a structured and efficient several other sources, such as the Index University of Jerusalem, Israel. to Legal Periodicals and Books. platform for accessing the world’s leading social science journals and has The last two issues of the journal Recalling the journal’s beginnings in always been regarded accordingly in the published in 2007 carried a selection the early 1990s, Professor (Chair) Wang scholarly world. Being included in SSCI of papers presented at the international Guiguo, Dean of the School of Law, will help the journal reach out to more conference organised by the School to said he was delighted to hear that the professionals. celebrate the 10th Anniversary of Hong journal had received its richly deserved Kong’s Basic Law. The journal will The Asia Pacific Law Review, based recognition. “The journal’s standing continue to publish papers presented in the School of Law, commenced reflects the School’s determined efforts at conferences that the School holds to publication in 1992 and has published to be a leading centre of education and promote critical analysis of current legal articles by leading scholars from all research in the Asia-Pacific region,” issues. said Professor Wang. parts of the world. It has also attracted articles by eminent judges and world- Source: CityU News Centre renowned practitioners. Articles in the
CityU School of Law Newsletter – Vol.4 No.1 May 2008 8 Dean Lectures at United Nations
Dean Delivers e-Lectures for UN’s Audiovisual Library
rofessor Wang Guiguo, Dean of traditional notion the School of Law, has delivered of sovereignty, a Ptwo lectures at the United Nations country has the right (UN) headquarters in New York for the of jurisdiction and United Nations Audiovisual Library of autonomy, while in International Law. The lectures are now a globalised world, permanently stored in the audiovisual the executive, library as a valuable teaching tool and legislative resource for legal professionals. and judicial powers Professor Wang is the first scholar from Hong Kong or the mainland invited to give lectures at the UN, a mark of recognition of the standing of CityU scholars internationally.
Professor Wang’s lectures were recorded in a webcast studio at the UN in April. The theme, “Redefining Sovereignty in the Globalised World”, comprised two parts of 45 minutes each. The bilingual inevitably recordings will be available from face October, free-of-charge, via the UN’s challenges that internet home page. Professor Wang with Ms Deidre Schell, Associate Legal Officer, necessitate a Codification Division of the United Nations Professor Wang said the globalised need to redefine world wields great influence over the sovereignty,” he sovereignty of all nations. “Under the said. He said he chose this topic the UN in this endeavour are Columbia because redefining sovereignty was University and Yale University. theoretically and practically essential to international law, especially in The UN has embarked upon a unique China. mode of teaching and research through the dissemination of archives comprising Professor Wang also met senior original documents, speeches, interviews staff members of the Office of Legal and experts views. This new ocean Affairs and Codification Division to of information about the UN will be discuss joint projects involving the available for free to students, academics School of Law. The other partners of and researchers. About 50 renowned scholars, including Professor Wang, were invited to deliver e-lectures that will be saved in the audiovisual library’s permanent collection.
By Ms Sharon Ng
CityU School of Law Newsletter – Vol.4 No.1 May 2008 9 Dean Visits the US
Dean Visits the United States to Establish Stronger Links with Leading Law Schools
he Dean of the School since the end of the Second of Law, Professor Wang World War. Guiguo, visited the T At Yale Law School, Professor United States (US) from 14 to Wang met with the Dean of Yale 18 April to explore academic Law School, Professor Harold cooperation with US law Hongju Koh, Professor Jonathan schools. During his stay in the Macey, and Professor Michael US, Professor Wang visited Reisman. The two deans talked Columbia Law School, New about various possibilities of York University (NYU) Law cooperation. During the visit School, Georgetown University to Yale Law School, Professor Law Center, Yale Law School, Wang delivered a public lecture the United Nations, and the on “The Chinese Contributions International Law Institute (ILI). Professor Wang lectures at Yale Law School to International Investment Law”, At Georgetown University Law which was well-received by the Center, Professor Wang met with three scholarships annually to Chinese participants. the Co-director of the Asian Law judges for advanced legal training at and Policy Studies, Professor James Columbia Law School. V Feinerman. In the meeting, both By Mr Rajesh Sharma professors discussed the possibility At NYU Law School, Professor of running a joint LLM programme Wang met with the Director of between the two law schools. Hauser Global Law School Program, Professor Richard B Stewart. Professor The meeting at the Columbia Law Stewart invited Professor Wang and School was attended by the Dean his colleagues to join some of their of Comparative and International research projects.
(From left) Professor Wang Guiguo & Professor Don Wallace (From right) Professor Wang Guiguo & Professor James Feinerman
Programs, Professor Brian Gibson; the Professor Wang and Professor Don Director of International Programs, Wallace, the Chairman of ILI, discussed Professor Matthew Walters; and the idea of providing advanced legal Director of the Centre for Chinese training to Chinese judges in the US, Legal Studies, Professor Benjamin in China or in Hong Kong. ILI has Liebman. In the meeting, Columbia vast experience in providing capacity Law School proposed to offer two to building programmes around the world
CityU School of Law Newsletter – Vol.4 No.1 May 2008 10 Focus Groups and Peer Review
Focus Groups and Peer Review: New Quality Assurance Initiatives
(From left) Ms Charu Sharma, Ms Sara Tsui & Ms Anna Lui took part in peer review
he School of Law is adopting groups say, unanimously, that the focus as some may find classroom observation an evolutionary and incremental groups are well worth the time and effort, by a peer uncomfortable or even Tapproach to the implementation of and appreciate the opportunity to become “threatening”, and it has been suggested Outcomes Based Teaching and Learning part of the School’s quality assurance that staff may voluntarily form a “buddy (OBTL) in that new initiatives are being process. system”, in which two, or a small group introduced at a measured pace. Students of teachers who trust one another visit one Furthermore, staff members are and staff members have been encouraged another’s classes as “critical friends”* and encouraged to take part in peer review, to to take part in two new initiatives: student provide mutual formative feedback. In help one another improve the way they focus groups and peer review. addition, videotaping, if acceptable to the conduct teaching. The process of peer teacher concerned, may be used to assist While the University provides feedback review has two aspects: peer review of identifying strengths and weaknesses in mechanisms in the form of questionnaires teaching materials and peer review of the in-class teaching performance. that students are asked to respond to at in-class teaching performance. This is the end of the semester (TFQ and LEQ), done only for formative, not summative In order to be effective, the School of Law these surveys primarily provide aggregate purposes. Criticism, if any, that may has adopted the “bottom-up” approach numerical results for pre-determined emerge will only be used by the staff to quality assurance so that individual questions and criteria, but do not members concerned to improve their teaching staff members take ownership adequately reveal the underlying reasons teaching but never used to penalize them. of OBTL initiatives. Participation in and connections. peer review will be voluntary rather than As many courses are taught by more being made mandatory from the top by Student focus groups, on the other hand, than one person, e.g., a course leader the School’s administration. Colleagues provide an interactive platform where may give lectures and other teachers should report their participation in their students can express their views and may conduct tutorials, peer review of Annual Activity Reports, and due credit concerns about their programmes freely, teaching materials can conveniently be will be given to their participation in their providing valuable and wide-ranging done by instructors teaching the same personnel review processes by the School. inputs for enhancing the quality of course. Programme committees have been the teaching and learning experience. asked to put in mechanisms to promote By Dr John Ho Focus groups are, therefore, a perfect participation in the process. complement to questionnaire surveys Peer review of in-class teaching in obtaining feedback from students. performance may be more “sensitive”, * Terms used in J. Biggs, Teaching for Quality Students who have participated in such Learning at University: What the Student Does.
CityU School of Law Newsletter – Vol.4 No.1 May 2008 11 School of Law Gears Up for LLB in 2012
School of Law Gears Up for LLB in 2012
(From left) Dr Charles Qu, Dr Surya Deva, Mr Tony Upham & Ms Alisa Kwan,
rom the year 2012, all breadth of knowledge through exposure dynamics of legal education and the universities in Hong Kong, to multiple disciplines, all students legal profession. Fincluding CityU, will move to a will be required to complete at least With this view, in March 2008, the normative four-year degree under the 30 credit units of GE courses. The GE Dean of the School of Law, Professor education reforms that have come to courses will include 6 units of English Wang Guiguo, constituted a LLB be known as “3+3+4”. Under the new and 3 units of Chinese Civilisation. Review Panel chaired by Associate system, whereas the secondary school Students will take the remaining Professor Mr Tony Upham. The other education is shortened by one year, a 21 units from the following three members of the Panel are: Ms Alisa year is added to the current three-year divisional areas: Arts and Humanities; Kwan, the JD Programme Leader Dr undergraduate degrees. The proposed Study of Societies, Social and Business Charles Qu, and the LLB Programme four-year degree is aimed at broadening Organisations; and Science and Leader Dr Surya Deva. The Panel will the educational experience of students. Technology. At least 3 units must be review the existing structure of the The key element in this strategy is taken from each of the three divisions. encouraging students to undertake a LLB programme and make appropriate minor field of study and requiring them How will the LLB programme, which recommendations as to the changes to take a certain number of General is already of four-year duration, be that are necessary and/or appropriate in Education (GE) courses in order to affected by these changes in higher view of the introduction of a normative promote horizontal integration across education? Although 2012 might sound four-year degree in the year 2012. The subjects. too far ahead to worry about now, the LLB Review Panel has already started School of Law is preparing for the its work and has identified key aspects The graduation requirement for the new Gearing-up Phase (2009–2012) of the of the programme that will require four-year will range from 120 to 144 transition to the normative four-year a closer examination and possible credit units comprising a combination degree. The School of Law sees the adjustments. of major, minor and GE courses. In “3+3+4” reforms as an opportunity addition to doing a Major, students will to review the existing structure of the be “strongly encouraged” to take one LLB programme and to introduce By Dr Surya Deva or more minors, which will serve to in the programme new cutting-edge complement (but not overlap with) their components that will equip students major studies. Moreover, to achieve a to effectively respond to the changing
CityU School of Law Newsletter – Vol.4 No.1 May 2008 12 LLB Admission Scholarships / Law Student Excels in Speech Contest
LLB Admission Scholarships for Secondary School Students
ith the approval and support of to the scholarship and informing them understanding and forging closer links the University, the School of of the recent developments in the Law with secondary schools. A number of the WLaw has established an LLB School and in the LLB programme. schools expressed interest in arranging Admission Scholarship to be awarded The school principals were impressed their students to visit the School of Law in from the 2008/09 academic year. The by the School of Law’s initiatives to summer this year. scholarship aims to award outstanding provide students with a global secondary students who are nominated perspective in the study of by their school principals and admitted law, in particular, the School’s to the School’s UGC-funded Bachelor Global Legal Education and of Laws (LLB) programme through the Awareness Project (G-LEAP). Joint University Programmes Admissions Under G-LEAP, students will System (JUPAS). A maximum of 20 have opportunities to spend scholarships will be awarded each a month studying a course at year and the value of each award is prestigious universities overseas HK$50,000. including Oxford University in the UK and Monash University In March 2008, Professor Wang Guiguo, in Australia. Dean of the School of Law, visited a number of secondary schools and met The school visits were with their principals, inviting nominations successful in enhancing mutual Professor Wang visits St Paul’s Convent School
Law Student Excels in Speech Contest
Man Ho-yin, a Year 2 law student of steady on-stage performance, CityU, was runner-up in the category Man Ho-yin was named Cantonese, Impromptu Speech, runner-up. at the 6th Inter-University Speech Man Ho-yin said that being Contest — Metro Lions’ Cup. a contest representative The contest, held on 27 March, was of CityU was a valuable aimed at boosting the communication experience. To take part, he skills and language proficiency of needed first to perform well students. Eighteen students from nine in an internal competition held (From left) Professor Tsoi Ah-chung & Man Ho-yin tertiary institutions took part in two by the University in order to categories, English and Cantonese. be selected for public speaking In Man Ho-yin’s chosen category, training by Student Development encouraged students to express opinions Cantonese, Impromptu Speech, he Services (SDS). Another round of in class and to keep abreast of current was only given his designated topic internal competition was then held, affairs. “I am excited to have done well minutes before the contest begun. from which two students were selected in the competition. Taking part not only His subject was “The impact on to represent CityU in the English and enhanced my communication skills Hong Kong of three modes of direct Cantonese categories of the contest. but also taught me to study issues from transport links between mainland various angles,” he said. Man Ho-yin said his teachers at China and Taiwan”. Courtesy of his the School of Law have focused on outstanding public speaking skills and whole-person development and always Source: CityU News Centre
CityU School of Law Newsletter – Vol.4 No.1 May 2008 13 PCLL Restructuring / School of Law Retreat
PCLL Restructuring
o match world-best standards This marks an exciting development in Education and Training in Hong Kong and to meet the benchmarks of the progress of the PCLL. Tremendous which was published by the Government Tthe legal professions, the School efforts of the PCLL teaching staff have in August 2001. of Law has restructured its PCLL been put to the restructuring and the legal The restructuring involves the increase programme for implementation from professions have been kept fully informed in the number of credit units from 32 the 2008/09 academic year. The new throughout the process. The School has to 36, the requirement to study eight curriculum will be more skills-based invited Adjunct Professor Christopher core courses instead of seven and the and greater emphasis will be placed on Roper to play a central role in the incorporation of electives in the PCLL interactive sessions. redesign of the PCLL. Professor Roper curriculum. is a co-author of the Report on Legal
Core Courses Electives
Advocacy, Interviewing & Negotiation Foundations in Mainland Related Legal Transactions Conveyancing Practice Mediation Practice Civil & Criminal Litigation Practice Litigation Practice II Corporate & Commercial Practice Understanding Financial Statements Legal Writing & Drafting Bar Course Professional Conduct & Practice Wills & Probate Practice Solicitors’ Accounts
School of Law Retreat
n January 2008, the School of Law organised a two-day retreat for all Iits staff members to get together to brainstorm the future development and direction of the School and discuss ways to improve its teaching and research. The retreat was held at the Regency Hotel, Macau. A total of 46 teaching and administrative staff of the School participated in the retreat. In addition, three guests were invited to join. They were Mr Aman Shah, CityU’s Quality Assurance Coordinator; Mr Terry Moran, a consultant; and Mr Christopher Roper, an expert in legal education and Adjunct Professor at the School.
The theme of the retreat was “Promoting and challenges facing the School, and Apart from discussion and exchange of Excellence in Legal Education and measures to improve the School’s views, the retreat also helped to enhance Research: Implementing Outcomes teaching and research as well as its image. team spirit and improve relationship Based Teaching and Learning (OBTL) at Staff members participated actively in among School colleagues, after close the School of Law”. During the retreat, the discussions and many new ideas and interaction for two days in a relaxing and many issues were discussed, including suggestions were generated. comfortable environment outside Hong the implementation of OBTL, problems Kong.
CityU School of Law Newsletter – Vol.4 No.1 May 2008 14 Honourary and Adjunct Professors / Publications
Honourary and Adjunct Professors
he School has recently appointed • Mr Benjamin Liu Tsz-ming, former • Professor Adrian Zuckerman, the following distinguished Justice of Appeal of the Court of Appeal Professor of Civil Procedure, Tscholars and legal practitioners as of the High Court University of Oxford Adjunct Professors to advise its teaching • Dr Vernon Nase, Associate Dean, and research activities and to deliver Professor Adrian Zuckerman and Murdoch University, Australia lectures on current legal issues: Professor Michael Reisman have • Professor Michael Reisman, Myres S also been appointed as Honourary • Mr Cheng Huan, Queen’s Counsel and McDougal Professor of International Professors of the School for a three- Senior Counsel Law, Yale Law School year term. • Professor Roger Hood, Emeritus • Dr Jacques Werner, Principal of Werner Professor of Criminology, University of & Associates, Geneva, Switzerland Oxford
Selected Faculty Publications
Anton COORAY Town Planning Ordinance (CAP 131) in the Annotated Ordinances of Hong Kong, LexisNexis, 2007, 139 pages.
Surya DEVA “Corporate Complicity in Internet Censorship in China: Who Cares for the Global Compact or the Global Online Freedom Act?” 39 George Washington International Law Review, 2007, pp 255–319. “‘Yahoo! for Good’ and the Right to Privacy of Internet Users: A Critique”, 11:9 Journal of Internet Law, 2008, pp 3–10.
GU Minkang “Comments on Criminal Law Protection of Chinese IP Rights in 2005 — From a Viewpoint of a Hong Kong Scholar (in Chinese)” in Wu Handong (ed), The Blue Paper of Chinese IP Rights 2005–2006, Beijing University Press, 2007, pp 265–268. “Protection of Criminal Victims: New Course of Criminal Justice Reform”, Legal Science (Faxue), Shanghai, No. 6, 2007, pp 29–37.
HE Xin “Recent Decline in Chinese Economic Caseload: Exploration of a Surprising Puzzle,” The China Quarterly, Vol. 190, Cambridge University Press, June 2007, pp 352–374. Enforcing Commercial Judgments in China, Oxford: Foundation for Law, Justice and Society, 2008, 12 pages. Dispute Resolution in China (co-authored with Randall Peerenboom), Oxford: Foundation for Law, Justice and Society, 2008, 32 pages.
Alisa KWAN Cyberlaw in Hong Kong, 2nd edition (co-authored with Paul Stephenson), LexisNexis, November 2007, 428 pages.
Stefan LO “Enforcement of Duties and Members’ Remedies” in Kwan J (ed), Company Law in Hong Kong: Practice and Procedure, Sweet and Maxwell, Hong Kong, 2007, pp 8001–8170. “Financial Services” in Halsbury’s Laws of Hong Kong, Vol. 13 (2007 Reissue), LexisNexis Butterworths, Hong Kong, 2007, 506 pages (co-authored with Davy Wu).
Charles QU Managed Investments and Insider Trading: Regulation and Liability, Sandstone Academic Press, Australia, March 2008, 214 pages. “The Representative Power of the Shareholders’ General Meeting Under Chinese Law”, Pacific Rim Law & Policy Journal, Vol. 17, No. 2, March 2008, pp 295–323.
15 Publications
Michael SANDOR The Professional Conduct of Lawyers in Hong Kong, (loose-leaf), (co-authored with Michael Wilkinson), Vols. 1, 2 and 3, LexisNexis, 2007–2008, pp 1000, 1100 and 300, respectively.
Tony UPHAM “Competence and Negligence”, and “Conflicts of Interest and Confidentiality” (co-authored with Patrick Bourke and Joseph Choi), in Professional Conduct and Risk Management in Hong Kong, Sweet & Maxwell Asia, 2007, pp 134–169 and 171–230, respectively.
WANG Guiguo International Monetary and Financial Law, 3rd edition, Law Press, Beijing, China, 2007, 551 pages. “International Development Law in the Globalised World”, Asia Law Review, Vol. 4, No. 1, June 2007, pp 41–87. “Hong Kong Discriminating against Chinese”, The Geneva Post Quarterly, November-December 2007, Vol. 2, No. 3, pp 109–126.
ZHU Guobin A New Introduction to Chinese Law, (in Chinese), co-editor-in-chief with Lin Laifan and Xu Mengzhou, City University of Hong Kong Press, July 2007, 623 pages. “Marketization, Globalisation and Administrative Reform in China: A Zigzag Road to a Promising Future” (co-authored with Kinglun Ngok), International Review of Administrative Sciences, Vol. 73, No. 2, Brussels, (2007), pp 217–233.
SLW Newsletter Board Patron: Wang Guiguo Dean and Professor (Chair) of Chinese and Comparative Law School of Law
Editorial Committee Contact Us For further information on the Surya Deva (Convenor) School of Law, please contact our Bjorn Ahl General Office at: Gu Minkang Stefan Lo School of Law City University of Hong Kong Tat Chee Avenue General Secretariat Kowloon Tong, Hong Kong Becky Mak Rosita Chan Phone: (852) 2788 8008 Louisa Ho Fax: (852) 2788 7530 E-mail: [email protected] Website: www.cityu.edu.hk/slw
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