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Research

Comparative Public Policy

The Legal Enforcement of Contracts and Loan Agreements: The Role of Cultural Values in Theories of Consent and Vitiation
Principal Investigator: Puja Kapai
Project Period: 01/01/2012 - 30/06/2015 (extended)
Funding Source: General Research Fund

Eastern Values in International Arbitration: An Initial Exploration
Principal Investigator: Shahla Ali
Project Period: 02/2014 - 02/2016
Funding Source: HKU Small Project Funding

The Community of Lawyers: Trust and Collective Identity of Chinese Public Interest Lawyers
Principal Investigator: Fu Hualing
Project Period: 07/2014 - 07/2016
Funding Source: HKU General Research Funds

Regulatory Gaps between A and H-share Markets for Cross-listed Chinese Companies: Implications for Cross-border Regulatory Competition, Collaboration and Convergence between the Mainland and Hong Kong
Principal Investigator: Jing Leng
Project Period: March 2008 - February 2010
Funding Source: Seeding Funding for Basic Research
This project will review the material differences between major Hong Kong and PRC laws and regulations concerning key aspects of listing requirements and post-IPO corporate governance practices. The project will study practical consequences and implications of the rule gap from the issuer's perspective by highlighting 'areas of concern' in compliance which have recorded higher incidence of violation/non-compliance, deviation, and sub-standard compliance due to discrepancies or conflicts of rules. Where appropriate, recommendations for proposed future reform to the existing framework of cross-border regulation will be provided. The project will also contemplate possible ways or methods of reducing regulatory gaps, and their feasibility in the immediate, mid and long term.

Review of Animal Welfare Legislation in Hong Kong
Principal Investigator: Amanda Whitfort
Project Period:
Funding Source: Public Policy Research Grant from the Central Policy Unit of the Government of the Hong Kong Administrative Region and the Research Grants Council of the Hong Kong Special Administrative Region, China (Award HKU 7010-PPR-5)
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Towards a Family-Friendly Labour Law Regime in Hong Kong
Principal Investigator: Rick Glofcheski
Project Period: November 2007 - October 2009
Funding Source: Small Project Funding
The objective of this project is to canvass and assess Hong Kong 's current labour law regime for its family-friendly characteristics. This will involve an assessment of existing standards as contained in statutory provisions and in the court decisions in which those standards have been considered and applied. Legislation is particularly important in Hong Kong where trade unions are few and are generally weak and have proved unable to achieve the rights and entitlements of their counterparts elsewhere. This study will also involve a comparison of local standards with those in selected relevant jurisdictions including at least one from the region, and with the standards propounded through the conventions and recommendations of the International Labour Organisation.

Empowering Rural Communities: Legal Aid and the Rule of Law in Rural China
Principal Investigator: Fu Hualing
Project Period: March 2007 - September 2010
Funding Source: The University of Washington, Asian Law Centre
This project aims to: promote structural change in the delivery of legal aid services through a 'grass-roots level' model for access to justice in China's rural regions; to build sustainable new networks of local government, universities, lawyers and citizens who have a stake in fostering civil rule of law in rural China; and to deliver the first rigorous, replicable evaluation of the impact of legal aid in rural China. By pursuing these aims it is hoped that democracy, human rights, labour rights and rule of law may develop in the rural regions of China . This project will also try to build the capacity of citizens to make legal demands on their government and a government that is obligated to respond. In addition to publication, outputs of this project will include developing legal aid centres in rural regions, training of county legal aid lawyers, township justice assistants and legal student interns, capacity building in regional law schools in dispute resolution and advocacy training.

Covert Surveillance in an Age of Privacy
Principal Investigators: Michael Jackson and Janice Brabyn
Project Period: September 2005 - August 2008
Funding Source: Small Project Funding
This project examined covert surveillance regulatory systems in overseas jurisdictions from theoretical and practical perspectives with a view to assessing the existing regulatory model adopted in HK in 2006 following the enactment of the Interception and Covert Surveillance Ordinance (Cap. 589). The aim was to review and propose amendments to the regulatory system adopted in HK within which interception and covert surveillance may be authorised without derogating disproportionately from respect for and compliance with constitutionally protected rights, including rights to privacy. Current efforts involve compiling an electronic database of materials (primary legislation, secondary legislation (especially regulations), codes of conduct, practice notes, case law, secondary sources etc.) on the regulation of interception and covert surveillance in a range of jurisdictions, including the UK, US, Canada, Australia, New Zealand, Singapore, and the European Union. Once this phase of the project was completed, the investigators surveyed the relevant legislation/codes of practice in the above jurisdictions and prepared and submitted a position/policy paper to the Government of HK, which is currently undertaking a comprehensive review of the ordinance.

Hong Kong Civil Forfeiture Project
Principal Investigator: Simon Young
Project Period: March 2006 - February 2008
Funding Source: Research Grants Council - Public Policy Research Grant
In the spring of 2006, CCPL began research to identify the most effective laws and policies to eliminate and deter profit-making crime by means of interdicting crime-tainted property (i.e. the proceeds and instruments of serious crime). The topic of civil and criminal forfeiture is quite a technical and complex one. To appreciate the subject fully, it requires extensive research and consideration of the experiences from many different countries. And it requires placing those international experiences in the Hong Kong context. The goal of the research project is to produce a final report, making recommendations for policy and legislative reform in Hong Kong. We also intend to produce a volume of scholarly papers contributed by the International Experts to be published with a leading academic publisher. Such a publication will likely be a first as no comparative work of worldwide civil and criminal forfeiture schemes exists. The discussion paper for the project is available here and the press release is available here.

Project Resources

Civil Forfeiture for Hong Kong? A Discussion Paper of the Hong Kong Civil Forfeiture Project

 

Press Release: Hong Kong Civil Forfeiture Project

 

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