Hong Kong Law Journal 1971 - 2016

Vol. 45, Part 1 of 2015

TABLE OF CONTENTS

ANALYSIS
Public Entertainment and the Interpretive Dilemma in T v Commissioner of Police Po Jen Yap 1
Enforcing Contracts for the Benefit of Third Parties: Recent Reform of the Doctrine of Privity Lee Mason 13
Lecture
Vicarious Liability on the Move Lord Phillips of Worth Matravers 29
ARTICLES
Relevant Lies Janice Brabyn 45
Nullity or Merely Lost Priority? The Effect of Failure to Register a Document Concerning Land Malcolm Merry 87
Taking Transgender Rights Seriously: A Rights-Based Model of Gender Recognition in Hong Kong Kai Yeung Wong 109
Interests of Youth Suspects are at Risk: Implementing the Right to the Presence of Parent or Guardian and the Right to Legal Assistance at the Police Stations in the Case of Youth Suspects in Hong Kong Shum Ka Ching, Kelly 127
REVIEW ARTICLE
A New Turning Point in the Study of International Legal Compliance, in China and Elsewhere Roda Mushkat 157
Focus: Taiwan’s Sunflower Movement
Introduction Brian Christopher Jones 189
Confrontational Contestation and Democratic Compromise: The Sunflower Movement and its Aftermath Brian Christopher Jones and Yen Tu Su 193
Searching for Constitutional Authority in the Sunflower Movement Chia Ming Chen 211
Policing an Occupied Legislature: Symbolic Struggle over the Police Image in Taiwan’s Sunflower Movemen Jeffrey T Martin 229
Connecting Gender and Trade: Gender Framing in the Anti-Cross-Strait Service Trade Agreement Movement Hsiaowei Kuan 249
Dance with the Dragon: Closer Economic Integration with China and Deteriorating Democracy and Rule of Law in Taiwan and Hong Kong? Chien Huei Wu 275
Peaceful but “Illegal” Assemblies? – Comparisons between Taiwan’s Constitution and the International Covenant on Civil and Political Rights Wen Chen Chang 295
Marching Towards Civic Constitutionalism with Sunflowers Jiunn rong Yeh 315
CHINA LAW
Legal Pluralism, Institutionalism and Judicial Recognition of Hong Kong–China Cross-Border Insolvency Judgments Emily Lee 331
Declining Jurisdiction by Forum Non Conveniens in Chinese Courts Zheng Sophia Tang 351
BOOK REVIEWS
Hong Kong Media Law: A Guide for Journalists and Media Professionals: Expanded Second Edition, Doreen Weisenhaus, with contributions by Rick Glofcheski and Yan Mei Ning Danny Gitting 373


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Vol. 45, Part 2 of 2015

TABLE OF CONTENTS

Comment
Rethinking the Process of Political Reform in Hong Kong Simon NM Young 381
Analysis
Judicial Enforcement of the Listing Rules in Hong Kong Tom Ng 389
Omissions and Public Authority Liability: Should Hong Kong Follow England’s Lead? Hin Ting Liu 405
Lecture
55 Years in the Law Lord Walker of Gestingthorpe 417
Articles
The United Nations Human Rights Inquiry on North Korea: Background, Reaction and Prospects The Hon. Michael Kirby AC CMG 425
Leave Without Delay: The Requirement to Make Prompt Application for Leave to Apply for Judicial Review Stephen Thomson 449
The Failure of Corporate Internal Controls and Internal Information Sharing: A Conceptual Framework for Taiwan Chang-hsien Tsai 469
Using Actuarial Evidence in Singapore and Hong Kong: A Sequel to “Lai Wee Lian Revisited” Felix WH Chan, Wai Sum Chan and Johnny SH Li 499
Realising the Right to Health: A Comparative Study of South Africa, the United States and China Xiao Pan 517
The Sewol Accident and its Legal Implication In Hyeon Kim 547
China Law
Human Rights in China–Taiwan Relations: How Taiwan can Engage China Yu-jie Chen 565
Decision-Making and Scrutiny of Rural Land Expropriation in China: Conventional Wisdom and Beyond Chun Peng 591
Changes and Challenges of the 2014 Revised Environmental Protection Law in the Context of China’s Five Fundamental Transitions Mingqing You 621
Measuring China’s Social Insurance Law under International Standards of International Labour Organization and Influences of Social Dimension Provisions of Free Trade Agreements and Bilateral Investment Treaties Ronald Brown 651
Book Reviews
International Capital Markets: Law and Institution, Cally Jordan Robin Hui Huang 679
Dress, Law and Naked Truth: A Cultural Study of Fashion and Form, Gary Watt Marco Wan 687


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Vol. 45, Part 3 of 2015

TABLE OF CONTENTS

Articles
Gay Marriage and the Common Law Conflict of Laws Rules: A Singapore Perspective KC Lye and Ervin Tan 693
Fair Dealing Doctrine Caught between Parody and UGC Exceptions: Hong Kong’s 2014 Copyright Amendment and Beyond Wenwei Guan 719
Non-Traditional Maritime Security and International Cooperation Jun Zhao 743
Institutionalising Mediation in Hong Kong AKC Koo 769
China Law
Electronic Recording of Custodial Interrogations with Chinese Characteristics: Tool for Transparency or Torture? Kuibin Zhu and David M. Siegel 795
Emergence of a Dual Constitution in Transitional China  Shucheng Wang 819
Toward a More Balanced Safe Harbour Protection System for Internet Service Providers in China Jia Wang 851
Towards a Harmonised Definition of Terrorism in China: A Discussion Under “One-Country, Two Systems” Dr Li Zhe and Dr Sten Idris Verhoeven 881
The Transformation of Chinese Law: Mark II Jianfu Chen 911
What Happens to Embryos When the Would-Be Parents Die: The “Orphaned Embryos” Custody Dispute in China Ding Chunyan 941
“Is Court Mediation Feasible?” Quantitative Research on the Attitudes of Legal Professionals in Southwest Grassroots Society of Chin Xiong Hao 963
Why Does a Powerful Regulatory Regime Fail? An Examination of the Regulation of Prepaid Cards in China Pan Su 987
Book Reviews
Confucian Perfectionism: A Political Philosophy for Modern Times, Joseph Chan Scott Veitch 1023


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