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Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple the Incorporated Council of Law Reporting for England and Wales
The Honourable Society of the Middle Temple Middle Society Honourable the The of 2019 Issue 59 Michaelmas 2019 Issue 59 Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple The Incorporated Council of Law Reporting for England and Wales Practice Note (Relevance of Law Reporting) [2019] ICLR 1 Catchwords — Indexing of case law — Structured taxonomy of subject matter — Identification of legal issues raised in particular cases — Legal and factual context — “Words and phrases” con- strued — Relevant legislation — European and International instruments The common law, whose origins were said to date from the reign of King Henry II, was based on the notion of a single set of laws consistently applied across the whole of England and Wales. A key element in its consistency was the principle of stare decisis, according to which decisions of the senior courts created binding precedents to be followed by courts of equal or lower status in later cases. In order to follow a precedent, the courts first needed to be aware of its existence, which in turn meant that it had to be recorded and published in some way. Reporting of cases began in the form of the Year Books, which in the 16th century gave way to the publication of cases by individual reporters, known collectively as the Nominate Reports. However, by the middle of the 19th century, the variety of reports and the variability of their quality were such as to provoke increasing criticism from senior practitioners and the judiciary. The solution proposed was the establishment of a body, backed by the Inns of Court and the Law Society, which would be responsible for the publication of accurate coverage of the decisions of senior courts in England and Wales. -
(2015-16) Volume 30 Inland Revenue Board of Review Decisions in the Court of the Final Appeal of the Hong Kong Special Administr
(2015-16) VOLUME 30 INLAND REVENUE BOARD OF REVIEW DECISIONS FACV No 16 of 2015 IN THE COURT OF THE FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO 16 OF 2015 (CIVIL) (ON APPEAL FROM CACV NO 41 OF 2010) ____________________________ BETWEEN st CHURCH BODY OF THE HONG KONG 1 Appellant st SHENG KUNG HUI (1 Respondent) nd HONG KONG SHENG 2 Appellant nd KUNG HUI FOUNDATION (2 Respondent) - and - COMMISSIONER OF INLAND REVENUE Respondent (Appellant) ____________________________ Before: Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Fok PJ, Mr Justice Chan NPJ and Mr Justice Gummow NPJ Date of Hearing: 8 January 2016 Date of Judgment: 4 February 2016 _______________________________ J U D G M E N T _______________________________ 377 (2015-16) VOLUME 30 INLAND REVENUE BOARD OF REVIEW DECISIONS Mr Justice Ribeiro PJ: 1. I agree with the judgements of Mr Justice Tang and Mr Justice Fok PJJ and with the additional observations of Mr Justice Chan NPJ. Mr Justice Tang PJ: Introduction 2. Section 14 of the Inland Revenue Ordinance, Cap 112, provides that profits tax shall be chargeable — on every person carrying a trade in Hong Kong in respect of his assessable profits. Trade is defined in s 2 as including “every trade and manufacture, and every adventure and concern in the nature of trade”. 3. The respondents in this appeal by the Commissioner of Inland Revenue (“the Commissioner”) are the Church Body of the Hong Kong Sheng Kung Hui and the Hong Kong Sheng Kung Hui Foundation. They are respectively the incorporation of the Anglican Church in Hong Kong (“the Church Body”) and the incorporation of the Anglican Bishop of Hong Kong (“the Foundation”). -
FG Hemisphere Associates LLC V. Democratic
CACV 373/2008 & CACV 43/2009 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 373 OF 2008 & NO. 43 OF 2009 (ON APPEAL FROM HCMP NO. 928 OF 2008) BETWEEN FG HEMISPHERE ASSOCIATES LLC Plaintiff (Appellant) And DEMOCRATIC REPUBLIC OF THE CONGO 1st Defendant (Respondent) CHINA RAILWAY GROUP (HONG KONG) 2nd Defendant LIMITED CHINA RAILWAY RESOURCES 3rd Defendant DEVELOPMENT LIMITED CHINA RAILWAY SINO-CONGO MINING 4th Defendant LIMITED CHINA RAILWAY GROUP LIMITED 5th Defendant And SECRETARY FOR JUSTICE Intervener Before: Hon Stock VP, Yeung JA and Yuen JA in Court Dates of Hearing: 28-31 July, 3-4 August 2009 Date of Handing Down Judgment: 10 February 2010 - 2 - J U D G M E N T Hon Stock VP: Introduction 1. In April 2003 arbitral awards were made in France and Switzerland against the Democratic Republic of Congo (DRC). France and Switzerland are parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The plaintiff company has acquired the benefit of those awards and has obtained leave in Hong Kong to enforce the awards and injunctions to prevent third parties transferring assets allegedly due to the DRC. The DRC has claimed immunity from jurisdiction and from the process of execution. The Court of First Instance has set aside leave and the injunctions. This is an appeal from that decision. 2. This appeal addresses the questions whether an application for leave to enforce an arbitral award made under the New York Convention against a State impleads that foreign State; whether the law of Hong Kong requires application of the doctrine of absolute state immunity from jurisdiction and execution, as opposed to the restrictive doctrine; and whether by agreeing to refer a dispute to arbitration in a New York Convention country, to be conducted according to the Rules of the International Chamber of Commerce (ICC), a foreign State which is not a party to the Convention waives such state immunity from jurisdiction and execution to which it is otherwise entitled. -
List of Appendices
List of Appendices Appendix 1 130 Highlights of Events 2005 Appendix 2 134 List of Judges and Judicial Officers Appendix 3 139 Structure of Courts Appendix 4 140 Membership List of the Judicial Officers Recommendation Commission Appendix 5 142 Membership List of the Court Users' Committees Appendix 6 146 Membership List of the Judicial Studies Board Appendix 7 148 Training Activities Organised / Co-ordinated by the Judicial Studies Board Appendix 8 154 Number of Visits and Visitors to the Judiciary in 2004 and 2005 Appendix 9 155 Expenditure and Revenue of the Judiciary for 2004-2005 Appendix 10 156 司法機構政務處的架構 Organisation of the Judiciary Administration Appendix 11 157 Number of Complaints Against Judges and Judicial Officers Appendix 12 158 Number of Complaints Against the Judiciary Administration 129 Appendix 1 Highlights of Events 2005 Date Events The Hon Mr Justice Tang, Judge of the Court of First Instance of the High Court, was appointed as Justice of Appeal of the Court of Appeal of the High Court A nine-member delegation from the Supreme People’s Court, the People’s Republic of China, visited the Hong Kong Judiciary The Hon Mr Justice Henry Fryberg, Justice of the Supreme Court of Queensland, Australia, and Mr Simon Lee, Commissioner of Queensland Government Trade and Investment Office, Hong Kong and South China, visited the Hong Kong Judiciary The Chief Justice declared opening of the 2005 Legal Year A nine-member delegation led by Mr Kairat Mami, Chairman of the Supreme Court of the Republic of Kazakhstan, visited the Hong Kong -
SCHOOL of LAW NEWSLETTER School of Law City University of Hong Kong
Volume 15 No.1 March 2021 SCHOOL OF LAW NEWSLETTER School of Law City University of Hong Kong CityU School of Law is a premier law school with a history of excellence and the vision to become one of the great law schools in the Asia-Pacific region. The mission of the School is to provide students with an excellent education and to contribute to the advancement of knowledge. Through cooperation with other law schools and professional organizations, the School aims to foster an environment in which both students and staff develop and use their legal knowledge, professional skills and expertise for the benefit of Hong Kong and the region. Our Programmes on offer: Undergraduate and Taught Postgraduate Programmes Bachelor of Laws (LLB) Juris Doctor (JD) Postgraduate Certificate in Laws (PCLL) Master of Laws (LLM) Master of Laws in Arbitration and Dispute Resolution (LLMArbDR) Professional Doctorate Programme Doctor of Juridical Science (JSD) Research Degree Programmes Doctor of Philosophy (PhD) Master of Philosophy (MPhil) For further information, please contact us at 3442-8008 @ [email protected] School of Law School of Law School of Law Website WeChat Facebook Contents 04 Focus of the Issue 06 School News 11 School Events 20 Research Centres 28 Student Achievements 29 Staff Achievements Published by School of Law, City University of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong SAR. Please send your comments to [email protected] @2021 CityU School of Law. All rights reserved. SCHOOL OF LAW — NEWSLETTER — 3 FOCUS OF THE ISSUE Insights from the Inaugural Asian Law Schools Association Deans’ Congress on the Future of Law Schools and Legal Education The Asian Law Schools Association (ALSA) was 3. -
Foundation Yearbook 2019
CONTENTS 004 Message from the Chairman 007 Message from the Headmaster 008 Board of Directors 010 Sub-committees 015 Total Funds Raised 016 Endowment Fund 017 Annual Giving 018 Our Projects 020 Investment Report 022 Tiers of Recognition 030 Reunion Class Gifts 036 DBS 150th Anniversary 047 Acknowledgement of Event Sponsors 002 I I 003 MESSAGE from THE CHAIRMAN I am incredibly proud and excited to chair DBS Foundation and witness the 150th Anniversary of the School. The Most Revd. DR. PAUL KWONG Archbishop of Hong Kong Funds raised through various programmes of the Foundation have provided the School with excellent resources to nurture boys and develop them to their full potential. I would like to extend my deepest gratitude to our directors and sub-committee members for their dedication and remarkable efforts throughout the year. I would also like to thank our Old Boys, parents and friends for their continued support and generous contribution. I hope you would enjoy reading this fifth Foundation report and pray that you would continue to support our work. 004 I Photo Credit: Diocesan Media Group of DBS MESSAGE from THE HEADMASTER RONNIE CHENG Class of '83 DBS has a long history of academic excellence and extra-curricular prowess, galvanised by a strong spirit connecting current and past students. We recognise and respect each other's differences within an environment which enables students to excel in their respective areas of strength. The generosity of our Old Boys, parents and friends of DBS, through their contribution to DBS Foundation, has provided the necessary resources which enable students to reach their full potential. -
Celebrating Our 30Th Anniversary
CityU Design and Production Services UP Volume 12 No.1 Feb 2018 produced by Interviewing Dean Howells Reporting on General Research Fund (GRF) / Early Career Scheme (ECS) Results Celebrating Our 30th Anniversary The Editorial Board would like to thank Agnes Kwok, Esther Wong as well as members of staff who helped in the preparation of the Newsletter. Dr Peter Chan (Editor in Chief), Ms Laveena Mahtani, Dr He Tianxiang Volume 11 No. 1 ∙ Feb 2018 Content Volume 11 No. 1 ∙ Feb 2018 1 Focus of the issue 2 30th Anniversary Events 3 School Events 4 Student Achievements 5 Research Centres 6 Staff Achievements Published by School of Law, CityU, Tat Chee Avenue, Kowloon Tong Designed and printed by City University of Hong Kong Press Please send your comments to [email protected] ©2017 CityU School of Law. All rights reserved. Volume 11 No. 1 ∙ Feb 2018 3 FOCUS OF THE ISSUE Interviewing Dean Howells Blueprint for the School of Law Developing a world-class Q. As the leader of CityU Law School for three years now, could research profile you share with us your thoughts on the School’s strategic Q. How have your efforts for development in the years ahead? promoting active research among faculty been faring? A. We have a suite of programmes that work well for Hong Kong and the region. We may make strategic additions, but our main A. We are investing in our own goal is to increase the number of quality students taking our talent and attracting scholars courses. We also want to ensure our teaching is underpinned by from universities in the region quality research and investing in our research is a major priority. -
School of Law N E W S L E T T
Volume 13 No.2 JULY 2019 SCHOOL OF LAW NEWSLETTER School of Law City University of Hong Kong Contents CityU School of Law was established in 1987 with a mission to become an internationally-renowned centre for research and teaching of law in the INTERVIEWING DEAN Asia-Pacific region. Through cooperation with other law schools and 04 International outlook enhances appeal professional organizations, the School aims to foster an environment in which both students and staff develop and use their legal knowledge, professional SCHOOL OF LAW & CJER skills and expertise for the benefit of Hong Kong. Photo: istockphoto 06 (CENTRE FOR JUDICIAL EDUCATION AND RESEARCH) Programme enhances School of Law’s Our Programmes on offer: standing among the best in Asia Undergraduate and Taught Postgraduate Programmes ON COLLABORATIONS Bachelor of Laws (LLB) 08 CityU law students take great leap forward Juris Doctor (JD) Postgraduate Certificate in Laws (PCLL) Master of Laws (LLM) PROGRAMME HIGHLIGHTS Master of Laws in Arbitration and Dispute Resolution (LLMArbDR) 10 Hear what our Programme Directors say Professional Doctorate Programme Doctor of Juridical Science (JSD) ON MOOTING 16 Moot court contest victories put Research Degree Programmes CityU top for legal training Doctor of Philosophy (PhD) Master of Philosophy (MPhil) RESEARCH CENTRES Recent activities and updates For further information, please contact us at 18 3442-8008 [email protected] STUDENT ACHIEVEMENTS Succeeding on all fronts School of Law School of Law 22 WeChat website STAFF ACHIEVEMENTS 26 Staff publications and presentations Published by School of Law, City University of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong SAR. -
Cacv 147/2010 in the High Court Of
由此 A A B CACV 147/2010 B C C IN THE HIGH COURT OF THE D D HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL E E CIVIL APPEAL NO. 147 OF 2010 F F (ON APPEAL FROM HCCL 16 OF 2006) G G BETWEEN H H WANG RUIYUN Plaintiff I I and J J GEM GLOBAL YIELD FUND LIMITED Defendant K K L L M Before : Hon Tang Ag. CJHC, Cheung and Fok JJA in Court M Date of Hearing : 3 June 2011 N N Date of Judgment : 20 June 2011 O O P J U D G M E N T P Q Q Hon Tang Ag. CJHC : R R 1. I have the advantage of reading Cheung JA’s judgment S in draft. I agree with it and have nothing to add. S T T U U V V 由此 A A - 2 - B B C C D D Hon Cheung JA : E E 2. This is an appeal by the defendant against the F assessment of damages by Master de Souza. F G G Procedural background H H 3. On 22 March 2006 the plaintiff commenced the present I action against the defendant and obtained an injunction from Yam J I to restrain the defendant from dealing with certain shares in J J Bestway International Holdings Ltd (‘Bestway’) and from K K withdrawing money from an escrow account. After the service of the Amended Statement of Claim and the Defence and L L Counterclaim, the plaintiff obtained summary judgment from M M Stone J on 6 March 2007 against the defendant for HK$40,503,237.28 and HK$930,412.15. -
FACV No. 8 of 2018 [2019] HKCFA 19 in the COURT of FINAL APPEAL
FACV No. 8 of 2018 [2019] HKCFA 19 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 8 OF 2018 (CIVIL) (ON APPEAL FROM CACV NO. 126 OF 2017) _________________________ BETWEEN LEUNG CHUN KWONG Appellant and SECRETARY FOR THE CIVIL SERVICE 1st Respondent COMMISSIONER OF INLAND REVENUE 2nd Respondent and INTERNATIONAL COMMISSION OF Intervener JURISTS _________________________ Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Tang NPJ and Mr Justice Gleeson NPJ Date of Hearing 7 May 2019 Date of Judgment: 6 June 2019 - 2 - JUDGMENT The Court: A. Introduction 1. This appeal concerns equality under the law and involves an application of the legal principles identified and applied in this Court’s recent decision in QT v Director of Immigration.1 It arises in the context of a claim to entitlement to spousal medical and dental benefits under the Civil Service Regulations (“CSRs”) and to opt for joint assessment of salaries tax under the Inland Revenue Ordinance.2 As will be seen, the appellant claims he has been unlawfully discriminated against on the basis of his sexual orientation. A.1 The parties 2. The appellant is a Hong Kong permanent resident of Chinese nationality. He commenced employment as an immigration officer with the Government of the Hong Kong Special Administrative Region in 2003 and, as such, is subject to the CSRs. He is homosexual and, in 2005, met his partner, Mr Scott Adams. The couple began cohabiting in 2013 and, on 18 April 2014, they were married in New Zealand. -
LC Paper No. CB(2)1598/18-19(02)
LC Paper No. CB(2)1598/18-19(02) HCAL000048/1998 1998 A.L. No. 48 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ADMINISTRATIVE LAW LIST ____________ IN THE MATTER OF AN APPLICATION BY CHEN CHONG GUI FOR AN ORDER OF CERTIORARI and IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BETWEEN CHEN CHONG GUI Applicant AND THE HONOURABLE CHIEF Respondent EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ____________ Coram: The Hon. Mr. Justice Yeung in Court Date of Hearing: 29 September 1998 Date of Judgment: 29 September 1998 Date of Handing Down Reasons for Judgment: 12 October 1998 _______________________________ REASONS FOR JUDGMENT _______________________________ 1. This is an application by the Applicant Chen Chong Gui for a judicial review of the decision of the Chief Executive of the Hong Kong Special Administrative Region dated 26 June 1998 making an order for his surrender to the Government of the United States of America, leave having been granted by Hon. Sears J. on 23 July 1998. 2. At the hearing, having heard submission from counsel for the applicant and counsel for the Chief Executive, I dismissed the application with costs and indicated that I would give my reasons in writing. This I now do. 3. This case has a long history. For the purpose of the present proceedings, I need only succinctly set out the background of the case as follows. 4. The applicant was arrested on 14 April 1996 at the request of the Government of the United States of America for a number of alleged offences, including conspiracy, kidnapping, hostage taking, receipt of ransom, extortion and assisting illegal immigration into the United States. -
Report of the Subcommittee on Proposed Senior Judicial Appointments
立法會 Legislative Council LC Paper No. CB(4)1000/18-19 Ref : CB4/HS/1/18 Paper for the House Committee meeting on 21 June 2019 Report of the Subcommittee on Proposed Senior Judicial Appointments Purpose This paper reports on the deliberations of the Subcommittee on Proposed Senior Judicial Appointments ("the Subcommittee"). Background Constitutional and statutory provisions on senior judicial appointments 2. Article 48(6) of the Basic Law ("BL") 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"). JORC is established under section 3 of the Judicial Officers Recommendation Commission Ordinance (Cap. 92) ("the JORC Ordinance"). 3. In the case of the appointment of judges of the Court of Final Appeal ("CFA") and the Chief Judge of the High Court ("CJHC"), BL 90 provides that CE shall, in addition to following the procedures prescribed in BL 88, obtain the endorsement of the Legislative Council ("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 CJHC. 4. Pursuant to BL 88 and the JORC Ordinance, JORC is entrusted with the function of advising or making recommendations to CE regarding the filling of vacancies in judicial offices.