HKU Legal Scholarship Blog

Follow the research activities and scholarship of the Faculty of Law, The University of Hong Kong

Wednesday, October 30, 2024

Trevor wan on unshackling from shadows of the anisminic orthodoxy: reconceptualising approaches to ouster clauses in hong kong (asjcl).

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Monday, October 28, 2024

Congratulations to professor michael ng.

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Saturday, October 26, 2024

Hku law’s inaugural asean academic fellow lecture.

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Friday, October 25, 2024

Edward lui on a limited case for the closed material procedure: natural justice, open justice and the clear advantage variation (legal studies).

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Wednesday, October 23, 2024

Daisy cheung on the fatal shooting of a man with mental illness shows hong kong police need a better response to such crises (hkfp).

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The recent incident in North Point involving the death of a man with mental disorder at the hands of police responding to an emergency at his home is tragic, but unfortunately  not uncommon  worldwide.

In jurisdictions all over the world, police often act as first responders in cases involving mental health crises, even though in most cases they severely lack training on how best to support such individuals. A quick search reveals the names of countless vulnerable individuals who met untimely deaths due to interactions with police over just the past year. 

As the number of such deaths increase, places around the world are beginning to take a long, hard look at the suitability of police involvement in situations involving people with a mental disability.

Many countries are calling for police reform, and in some cases , even the police themselves have concluded that they may not always be the most appropriate responders, since their presence may be an “escalating factor” itself.

What lessons can Hong Kong learn from the experiences of these countries? First, the issue of police inadequacy in the face of mental health crises must be recognised and squarely confronted, rather than swept under the rug as merely another incident where the fatality was unfortunate, but the use of force justifiable in the circumstances. 

Concerns about how police in Hong Kong deal with people with mental disability are not new. In 2015, an autistic individual was wrongfully charged with manslaughter ......(Please click here to view full text.)

Monday, October 21, 2024

Yi tang on general public policy exceptions in international investment agreements (iias): opportunities and challenges in times of global health crisis (ajwh).

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Monday, October 14, 2024

New issue of hong kong law journal (vol. 54, part 2 of 2024).

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Never say Never: Equity’s Reach in the Modern Age Lord Briggs of Westbourne...291

Crime and Punishment – The Birth of Justice? Kemal Bokhary...309

All Roads Lead to Rome? Carving an Inclusive Path towards Global Regulation of State-owned Enterprises Ying Bi...317

Liability of Remote Controller in Unmanned Ship Carriage Zikun Chen...351

Bridging the Gap: Exploring the Co-ordination between China’s Foreign Investment Legal Regime and International Investment Treaty Practice Tianjie Gu...363

When China’s Wealth Management Products Become Vulnerable to Runs: From Liquidity Management to Sponsor Support Longjie Lu...395

Error of Law in Hong Kong Administrative Law: A Doctrinal Reappraisal Edward Lui...429

Revisiting the Concept of Effective Nationality in International Investment Law Kim Anh Dao and Hyokwon Kim...453

The Recording and Review System in Hong Kong: Formation, Evolution and Improvement Cheng Sun and Fan Xiang...475

Improving the Management System of the Guangdong-Macao in-Depth Co-operation Zone in Hengqin According to Law Shihai Zhu, Lejuan Zhou and Zhengmin Xu...503

Tying up Your Camel: Rethinking “Self-determination” for Digital Financial Consumer Data Protection Zi-he Guo and Charlie Xiao-chuan Weng...525

Reconceptualising the Role of Actual Causation in Criminal Law Dennis J Baker...555

Kemal Bokhary on Crime and Punishment – The Birth of Justice? (HKLJ)

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Edward Lui on Error of Law in Hong Kong Administrative Law: A Doctrinal Reappraisal (HKLJ)

Wednesday, october 9, 2024, angus young and eurus yiu on china evergrande: liquidation of a chinese company listed in hong kong (international corporate rescue).

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" China Evergrande: Liquidation of a Chinese Company Listed in Hong Kong " Angus Young  and Eurus Yiu International Corporate Rescue  (Vol 21 (2024) - Issue 5)

Monday, October 7, 2024

New book by anupama sharma: implementation of rights for crime victims in theory and practice lessons from india.

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Friday, October 4, 2024

Scott veitch et al on the inhuman in the human (clt).

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" The Inhuman in the Human " Kathleen Birrell, Daniel Matthews and Scott Veitch Critical Legal Thinking Published online: 16 Sep 2024

"Law and the Inhuman" was the title of a workshop held at the University of Tilburg Law School in April this year. It addressed themes of climate change and the Anthropocene, of non-human agency, and of how the category of the human is becoming increasingly destabilized in legal and political thought and practice. In the dialogue linked here Professor Scott Veitch (HKU Law) and Dr Daniel Matthews (formerly HKU Law, now at Warwick University) explore the general theme through a discussion of "The Inhuman in the Human".

Please click here to view full text.

Wednesday, October 2, 2024

Weixia gu became the first chinese scholar to be appointed to the academic council (ac) of the institute for transnational arbitration (ita).

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Weixia Gu and Robin Hui Huang on China’s recognition and enforcement of foreign securities judgments against overseas-listed Chinese companies (OUP)

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Monday, September 30, 2024

Book review of daniel f. vukovich's after autonomy: a post-mortem for hong kong’s first handover, 1997-2019 by simon young.

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" After Autonomy: A Post-Mortem for Hong Kong’s first Handover, 1997-2019 by Daniel F. Vukovich. Singapore: Palgrave Macmillan, 2022. XIV, 175pp. US$109.99 (Paperback). ISBN: 9789811949852" Simon Young The China Review , Vol. 24, no. 3 (August 2024), 305 – 308 Published in August 2024

Book Review:  Hong Kong is dead, long live Hong Kong. That is one way of capturing the thesis of Daniel Vukovich’s new book, After Autonomy: A Post-Mortem for Hong Kong’s first Handover . For there must be a death to hold a post-mortem and life after autonomy. The autonomy he refers to is that of Hong Kong from Mainland China, as entrenched by the Basic Law. What comes next, he hopes, is the integration of Hong Kong and Mainland China in an egalitarian manner that is attentive to the needs of people on both sides of the border.

    Vukovich has written an important book about Hong Kong, at a critical time. It is recommended reading for all those who care about Hong Kong’s future. More than a commentary on the 2019 protests and unrest, the book reflects on the significance of 2019 along the historical trajectory of Hong Kong’s progress and evolution. Conscious of being labelled as belonging to either the “yellow” or “blue” camps – the superficial and divisive labels used in public discourse after the 2014 Occupy Central protests – Vukovich takes neither side. Instead, he writes a “green book” (p. 6), a mélange of yellow and blue... Please contact Prof. Young for a full copy of the review.

Wednesday, September 25, 2024

Weilin xiao on expansion and restriction: divergent paths towards modernizing family laws in japan and china, 1868–1930 (the american journal of comparative law).

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Monday, September 23, 2024

Ziying liang awarded the hku foundation first year excellent phd award 2023/24 (interview with ziying liang).

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Friday, September 20, 2024

Peter chau on the comparative account of tort reparation (ratio juris).

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Wednesday, September 18, 2024

New issue of asia-pacific journal on human rights and the law (volume 25, issue 2, august 2024).

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Revisiting State Sovereignty Interpretation in Managing Rohingya Refugee Arrivals Amid the covid-19 Pandemic in Indonesia
Author:   Natalia Yeti Puspita
Pages: 127–152
Online Publication Date: 16 Aug 2024 The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India
Author:  Aman Kumar Sharma and Saroj Bohra
Pages: 153–172 Online Publication Date: 16 Aug 2024 Protection of Factually Innocent as a New Narrative to Abolish the Death Penalty in Malaysia
Author:  Mohd Munzil Muhamad, Wong Hua Siong, and Baraneetharan Kishur Kumar
Pages: 173–190 Online Publication Date:  16 Aug 2024
Remoulding Coroner’s Inquests in Hong Kong through the Right to Life
Author:  Trevor T. W. Wan
Pages: 191–214 Online Publication Date: 1 6 Aug 2024

Monday, September 16, 2024

Valeria vázquez guevara awarded the chancellor's prize 2024 (humanities, creative arts and social sciences).

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Congratulations to Valeria Vázquez Guevara , whose PhD Thesis “ Truth Commissions: The Authority of International Law and the State after Conflict ” was awarded the Chancellor's Prize 2024 by The University of Melbourne. The thesis was supervised by Professor Sundhya Pahuja and Professor Shaun McVeigh. The thesis forms the basis of Valeria's forthcoming monograph, Truth Commissions and International Law: Jurisdiction, Representation, Authority (under contract, Cambridge University Press).

      Background on the prize: The Chancellor's Prize for Excellence in the PhD Thesis is awarded by the University of Melbourne each year to up to six nominees. A seventh award may be made to an Indigenous candidate. The awards recognize the quality of the research theses including international reach, impact or potential impact of the topic, publications or other research outputs. Please click here  for more details regarding the prize.

COMMENTS

  1. Research Programmes

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