Hong Kong Law Journal 1971 - 2017

Vol. 46, Part 1 of 2016

TABLE OF CONTENTS

Focus: The Life and Future of British Colonial Sexual Regulation in Asia
Preface Lynette J Chua and Michael Hor 1
Trans* Individuals and Normative Masculinity in British India and Contemporary Pakistan Shahnaz Khan 9
The Wife as an Accomplice: Section 377 and the Regulation of Sodomy in Marriage in India Saptarshi Mandal 31
The Limits of Liberty: The Crime of Male Same-Sex Conduct and the Rights to Life and Personal Liberty in Singapore Jack Tsen-Ta Lee 47
Legacies of Exceptionalism and the Future of Gay Rights in Singapore Stewart Chang 71
Pride or Prejudice? Sexual Orientation, Gender Identity and Religion in Post-Colonial Hong Kong Amy Barrow and Joy L Chia 89
International Law and the Rights of Gay Men in Former British Colonies: Comparing Hong Kong and Singapore Carole J Petersen 109
Towards the Elimination of Prescriptive Sexual Regulation in Family Law in Singapore Leong Wai Kum 131
Asia and Oceania LGBTI Law Reform: Breaking the Log-Jam The Hon Michael Kirby AC CMG 151
ANALYSIS
A Commentary on Jetstar Hong Kong Airways Decision before the Air Transport Licencing Authority Jae Woon Lee and Michelle Dy 175
ARTICLES
Interaction between International Standards and Domestic Constitutional Norms—A Case Study of the Chief Executive Election in Hong Kong Lin Feng 193
The Illegality Defence in Corporate Law Claims Against Directors and Officers Wai Yee Wan 225
Deconstructing Sponsor Prospectus Liability  Syren Johnstone, Antonio Da Roza and Nigel Davis 255
REVIEW ARTICLE
The Politico-Economic Context of Special Regional Autonomy: International and Constitutional Law Meets the Hong Kong Predicament Roda Mushkat 287
CHINA LAW
Practice and Theory of the Guiding Case System in China Yang Li 307
Lame-Duck Bankruptcy Institutions under Government Intervention in Reorganisation of Listed Companies in China (Part 1) Zhao Huimiao 339
BOOK REVIEWS
Board Accountability in Corporate Governance, Andrew Keay Lin Zhang 379


↑ Top

Vol. 46, Part 2 of 2016

TABLE OF CONTENTS

Analysis
A Critical Evaluation of the Draft Children Proceedings (Parental Responsibility) Bill Anne Scully-Hill 387
Second Chances for Unsuccessful Prosecutions: The Questionable Review Procedure over Acquittals in Magistrates’ Court Kai Yeung Wong 405
Articles
Land Registration: Validity, Priority and Statutory Interpretation Alice Lee 415
The Regulation of Mediators in England and Wales, The United States and Australia — Lessons for Hong Kong Gary Meggitt and Hussain Somji 445
The Anatomy of Dual Class Share Structures: A Comparative Perspective Shen Junzheng 477
Rethinking the Constitutional Jurisdiction of Hong Kong Courts over Acts of the National People’s Congress in Light of the Auto-Limitation Theory Lam Hingchau and Qin Jing 511
The Courts in Qatar Financial Centre and Dubai International Financial Centre: A Comparative Analysis Zain Al Abdin Sharar and Mohammed Al Khulaifi 529
China Law
The Treatment of the Law of Homicide in (Selected) Ming Fiction Geoffrey MacCormack 557
Banking Consumer Protection Regulation in China Shuying Wen 599
Is Australia’s “Twin Peaks” System of Financial Regulation A Model for China? (Part 1) Andrew Godwin, Guo Li and Ian Ramsay 621
The Making of a Competition Law with Chinese Characteristics: Cooperation, Conflict and Compromise Lei Kuang 647
Ascertaining the Notion of Board Accountability in Chinese Listed Companies  Andrew Keay and Jingchen Zhao 671
Lame-Duck Bankruptcy Institutions under Government Intervention in Reorganisation of Listed Companies in China (Part 2) Zhao Huimiao 709
Book Reviews
Private International Law in China, Guangjian Tu Matthias Vanhullebusch745
Adaptation to Climate Change: ASEAN and Comparative Experiences, Koh Kheng-Lian (Editor-in-Chief) Tinashe Madebwe749


↑ Top

Vol. 46, Part 3 of 2016

TABLE OF CONTENTS

Lecture
Developing Common Law in Hong Kong Hon Mr Justice Tang PJ 761
Articles
“All for Some” or “Some for All”? Assessing the Realisation of the Right to Social Welfare in the Retirement Protection Reform in Hong Kong Karen Kong 779
Making Good: Dealing with Illegal Drug Consumption in Hong Kong Jack Burke and Sheldon Leung 793
Misfiring the First Judicial Shot at Legislation by Press Release: Wong Chak Sin v Collector of Stamp Revenue Chen Jianlin 813
Rule of Law in Hong Kong History Demythologised: Student Umbrella Movement of 1919 Michael Ng 829
What is a Conflict of Laws? The Case of Chinese Customary Law in Hong Kong Lutz-Christian Wolff 849
Autonomy with Portuguese Characteristics: A Primer on the Privileges of Portugal’s Autonomous Regions for the Special Administrative Region Audience Jason Buhi 879
Punishing Copyright Piracy: What is Sufficient to Provide a Deterrent? an Assessment of the Australian and Singaporean Criminal Copyright Regimes Ainee Adam 903
China Law
Is Australia’s “Twin Peaks” System of Financial Regulation a Model for China? Andrew Godwin, Guo Li and Ian Ramsay 935
Legislation and Adjudication of Tort Liability in Environmental Pollution: An Empirical Study Based on Health-Related Cases in China Heng Li 961
Contesting Legitimacy in China: The Politics of Law in Modern Chinese Jurisprudence Xie Libin and Haig Patapan 991
The (IR)Relevance of ADRs in Resolving Financial Disputes: An Empirical Assessment and Roadmap of Shanghai Shen Wei and Yu Tao 1017
Book Reviews
International Copyright Law: US and EU Perspectives: Text and Cases, Jane C Ginsburg and Edouard TreppozYanbing Li1055


↑ Top