Hong Kong Law Journal 1971 - 2018

Vol. 48, Part 1 of 2018

TABLE OF CONTENTS

Comment
The Law Society’s Power to Introduce a Common Entrance Examination Johannes Chan 1
Analysis
Malice through the Looking Glass Brendan Clift 11
Alternate Dispute Resolution for Medical Disputes Albert Lee 23
Co-location is Constitutional Po Jen Yap and Jiang Zixin 37
ARTICLES
Rights, Proportionality and Deference: A Study of Post-Handover Judgments in Hong Kong Cora Chan 51
The Doctrine of Legitimate Expectations: International Law, Common Law and Lessons for Hong Kong Julien Chaisse and Ruby Ng 79
Reasonableness Review in Investor-State Dispute Settlement: Fostering Normative Coherence through Interpretative Flexibility Collins C Ajibo 105
Managing the Risks of Corporate Fraud: The Evidence from Hong Kong and Singapore  Wai Yee Wan, Christopher Chen, Chongwu Xia and Say H Goo 125
The Duty of Hong Kong Courts to Follow the NPCSC’s Interpretation of the Basic Law: Are There Any Limits?  Lin Feng 167
Less is More? Different Regulatory Responses to Crowdfunding and Why the Hong Kong Model Stacks Up Well  Alexa Lam 191
CHINA LAW
Politicised Legal Discourse and Judicial Accommodation of Petitioners in Chinese Courts Yuqing Feng and Qing Xu 233
Re-conceptualising Private Law: The Struggle for Civil Codification in China  Jianfu Chen 257
Rights Protection for Persons with Mental Disability in China: An International Human Rights Law Perspective Zhiyuan Guo 283
Regulation of Sponsors in China: Political Will, Regulators’ Desire and Market Demands Tianshu Zhou and Wenjing Li 323
Book Review
In Search of the Way: Legal Philosophy of the Classic Chinese ThinkersScott Veitch 359


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Vol. 48, Part 2 of 2018

TABLE OF CONTENTS

   
Comment
Spouses without Benefits: “Ring-Fencing” Marriage after W and QT Have Unbolted Its Gates? Po Jen Yap 365
Analysis
Undue Influence: Inspirations from Australia? THORNE V KENNEDY Jason Fee 375
Judicial Rectification of the Constitution: Can Singapore Courts Be “Mini-Legislatures”? Po Jen Yap and Benjamin Joshua Ong 389
Articles
Enforcing an Unfortunate, Unnecessary and “Unquestionably Binding” NPCSC Interpretation: The Hong Kong Judiciary’s Deconstruction of Its Construction of the Basic Law PY Lo 399
Law-Oriented Lawyering vs Political Lawyering: A Comparative Study of China, Taiwan and South Korea Han Zhu 431
Mental Health Law in Hong Kong: The Civil Context Daisy Cheung 461
Regulation of Controlling Shareholder Misconduct in Listed Companies: A Comparison of Hong Kong and Delaware Shen Junzheng  485
Adverse Possession, Default Judgment and the Disappeared Owner Malcolm Merry 511
How Chocolate Wars “Shape” the Law: KitKat, Three-Dimensional Trade Marks and the Enigma of “Technical Function” Eugene C Lim 533
Capital Gains Tax with Hong Kong Characteristics: Desirability, Feasibility and Design  Jingyi Wang and Wilson Chow 555
Money Laundering and Distributed Ledger Technology in Hong Kong Andrew Tsang 577
Sexual Orientation and the Historiography of Marriage in Leung Chun Kwong v Secretary for the Civil Service Marco Wan 605
Ideas for Development of Long-Term Sustainability of Outer Space Activities: Active Space Debris Removal Jie Long 623
Chinese Law
Late Qing Intellectuals’ Discussions on Chinese Competence for Constitutionalism (1902–1911) Junnan Lai 653
The Eligibility of Claimants to Commence Derivative Litigation on Behalf of China’s Joint Stock Limited Companies Jingchen Zhao and Shuangge Wen
687
Understanding Who Has an Insurable Interest in Goods under Multimodal Transport in Chinese Law Mingzhao Zhang and Ling Zhu 739
Criminalisation of Ship-Source Marine Pollution under Chinese Law: A Critical Analysis Pumin Rong          763
Book review
Maritime Law and Practice in China, Liang Zhao and Lianjun Li Anselmo Reyes 783