Academic Staff

Dr Emily Lee

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Dr Emily Lee’s academic qualifications comprise a PhD with Distinction (Honours) from the University of British Columbia (UBC); an LLM from UBC; and an LLB from National Taiwan University. She joined the University of Hong Kong (HKU) Faculty of Law in 2008. Before that, she taught at UBC Faculty of Law from 2004-2007 as an adjunct professor and a sessional lecturer. Prior to her academic career, she practiced law at leading law firms in Taiwan where she specialised in business, corporate and financial work (project finance), and then in Canada, advising on Taiwanese law and private international law (conflict of laws).

Dr Lee teaches primarily financial law and insolvency law at the HKU Faculty of Law. She has a proven track record of research excellence: in 2017, she was awarded the Public Policy Research (PPR) grant, which is a highly competitive external research grant, with funding from the Central Policy Unit of the Government of the Hong Kong Special Administrative Region. In 2016, she was awarded the Faculty Research Output Prize from the HKU Faculty of Law “in recognition of outstanding research performance”. She was the recipient of the Chiang Ching Kuo* (蔣經國) Foundation PhD Dissertation Fellowship (*Chiang Ching Kuo was President of Taiwan from 1978-1988). She received the honour of appointment as an Affiliated International Scholar at the National Centre for Business Law in Canada.

She acted as a referee (i.e. peer-reviewer) for Cambridge University Press and highly prestigious and top-ranked international peer reviewed journals such as the American Journal of Comparative Law, the Australian Journal of Asian Law and the (UK) Journal of Comparative Law (all by invitation). These invitations were a reflection of her recognised academic expertise in the field of financial law.

Her work has led to invitations for her to present papers on cross-border insolvency law and practice at local, regional and premier international conferences (such as those organised by the International Association of Restructuring and Insolvency and Bankruptcy Professionals (INSOL) and the United Nations Commission on International Trade Law (UNCITRAL)). She has been invited and thus presented her paper at the Annual Review of Insolvency Law Conference, the premier insolvency law conference in Canada. Further, she has been a visiting scholar and a visiting assistant professor at a number of internationally renowned academic institutions.

Research Profile

The research areas to which Dr Lee has contributed significantly are international financial law and international insolvency law. She has developed specialised academic expertise in Hong Kong-China cross-border insolvency, which provides a special context for (inter-)regional conflict of laws. Her research in this area of law has achieved international recognition at the highest level, with a major article published by the American Journal of Comparative Law (AJCL), which is ranked as an A*-list law journal by the Australian Research Council’s ranking (2010). According to the AJCL’s author guide, “The American Journal of Comparative Law receives hundreds of submissions per year and accepts only six to eight percent for publication”. Additionally, two of her articles in this area of law are collected in the Private International Law Bibliography, 2015: US and Foreign Sources in English, published by the AJCL, along with world-renowned legal scholars’ books and articles. Her article on shadow banking in China was published by Peking University Law Journal, the preeminent law journal in China and an A-list law journal, according to the Australian Research Council’s ranking (2009). Her recent work on equity crowdfunding in Hong Kong has been accepted for publication by the Journal of Corporate Law Studies (JCLS), another A-list law journal in the Australian Research Council’s system of ranking (2010). Her article on financial inclusion has been published by the Journal of Business Law (JBL), also ranked as an A-list law journal by the Australian Research Council (2010). Both the JCLS and the JBL are among the UK’s top law journals.

Her academic publications cover a wide range of research topics, including crowdfunding, financial technology (FinTech), regulatory technology (RegTech), financial inclusion, traditional banking, shadow banking, international financial regulations (particularly on Basel III), financial crises, anti-money laundering/countering the financing of terrorism (AML/CFT) compliance by financial institutions, cross-border insolvency, Hong Kong-China cross-border insolvency, judicial recognition and assistance, Hong Kong insolvency law, Chinese insolvency law, comparative financial law and comparative insolvency law.

Her current research interests focus on the latest developments in FinTech and RegTech, equity crowdfunding, peer-to-peer (P2P) lending and other internet-based finance (alternative finance), and the impact of FinTech on the traditional banking industry in financial regulatory compliance.

She has published 20 articles, including 15 full-length original articles in leading international and regional peer-reviewed law journals. Her articles have been cited by academics in both common law and civil law jurisdictions including the US, the UK, Australia, Singapore, Hong Kong and China. Her article on Chinese insolvency law was cited by a retired US bankruptcy judge in 2017. In 2014, a judge of the Shanghai Pudong Court, recognising her expertise, invited her to provide ‘expert opinion’ on issues concerning Hong Kong-China cross-border insolvency and judicial recognition and assistance (pro bono). In 2016, proposal in her article on China’s bankruptcy law was cited and endorsed by McKinsey & Company’s McKinsey Global Institute, which is unanimously recognised as the world’s top think tank in the private sector.

Dr Lee’s publications are available for viewing at http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1304029

Selected Refereed Publications

  1.  “Equity Crowdfunding in Hong Kong: Potentials, Challenges, Risks and Investor Protections”, Journal of Corporate Law Studies (2018) (forthcoming)
  2. “Financial Inclusion: A Challenge to the New Paradigm of Financial Technology, Regulatory Technology and Anti-Money Laundering Law”, (UK) Journal of Business Law, Issue 6 2017, pp. 473-498 (August 2017).
  3. “Problems of Judicial Recognition and Enforcement in Cross-Border Insolvency Matters between Hong Kong and Mainland China”, American Journal of Comparative Law, Vol. 63(2), pp. 439-465 (August 2015)
  4. “Shadow Banking System in China after the Global Financial Crisis: Why Shadow Banks Can Distort the Capital Market Order”, Peking University Law Journal, Vol. 3(2), pp. 361-384 (2015)
  5. “Will the FIFA Bribery Scandal Spur Money Laundering Law Reform in Hong Kong? Comparing Hong Kong’s Anti-Money Laundering Regime with Financial Action Task Force Recommendations”,Peking University Law Journal, Vol. 4(1), pp. 143-176 (2016)
  6. “The Shadow Banking System—Why It Will Hamper the Effectiveness of Basel III”, Journal of International Banking Law and Regulation(JIBLR), Vol. 30(7), pp. 373-381 (approx. 8,000 words) (July 2015) (invited submission)
  7. “Comparing Hong Kong and Chinese Insolvency Laws and Their Cross-Border Complexities”, The Journal of Comparative Law, Vol. 9(2), pp. 259-280 (March 2015)
  8. “The Soft Law Nature of Basel III and International Financial Regulations”, Journal of International Banking Law and Regulation, Vol. 29(10), pp. 603-612 (approx. 9,000 words) (August 2014) (invited submission)
  9. “Basel III and Its New Capital Requirements, as Distinguished from Basel II”, The Banking Law Journal, Vol. 131(1), pp. 27-69 (January 2014)
  10. “Basel III: Post-Financial Crisis International Financial Regulatory Reform”, Journal of International Banking Law and Regulation, Vol. 28(11), pp. 433-447 (approx. 13,000 words) (2013)
  11. “Investor Protection in Lehman Brothers’ Insolvency Litigation”, The Journal of Comparative Law, Vol. 7(2), pp. 284-306 (August 2013)
  12. “The Reorganization Process under China’s Corporate Bankruptcy System”, The International Lawyer, Vol. 45(4), pp. 939-974 (Winter 2011)
  13. “China’s New Enterprise Bankruptcy Law—A Great Leap Forward, but Just How Far”, International Insolvency Review, Vol. 19(2), pp. 145-177 (2010). [with Karen Ho]
  14. “Legal Pluralism, Institutionalism and Judicial Recognition of Hong Kong-China Cross-Border Insolvency Judgments”, Hong Kong Law Journal, Vol. 45(1), pp. 331-350 (May 2015)
  15. “Remuneration of Provisional Liquidators and Liquidators under the Official Receiver’s Contracting-Out Schemes”, Hong Kong Law Journal, Vol. 39(1), pp. 65-94 (2009)

Book Chapters

  1. “Securities & Futures Commission v China Metal Recycling (Holdings) Limited: Regional Conflict of Laws, Judicial Recognition and Hong Kong-China Cross-Border Insolvencies”, in Annual Review of Insolvency Law 2014, Janis P. Sarra & Justice Barbara Romaine (ed.) (Carswell, February 2015), pp. 599-623 (invited submission)
  2. “Taiwan’s Recent Business Law Development—Financial Holding Companies and the Financial Holding Company Act in Taiwan; US Model, Compared”, in A Guide to Business Law in Asia, Pitman B. Potter & Ljiljana Biuković (ed.) (LexisNexis Canada, 2008), pp. 345-404 (invited submission)

Editorship

Hong Kong Law Journal Special Tribute Issue (Vol. 39, Part 1, 2009): “Essays in Memory of Professor Philip St. John Smart”