Hong Kong Law Journal 1971 - 2019

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


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Vol. 48, Part 3 of 2018

TABLE OF CONTENTS

Comment
Prohibiting the Hong Kong National Party: Has Hong Kong Violated the International Covenant on Civil and Political Rights? Carole J Petersen 789 789
Analysis
Human Trafficking and Judicial “Divination” in Hong Kong Po Jen Yap and Kenneth Lee 807
Lecture
Balancing National Security and Public Order with Human Rights: A Judicial PerspectiveLord Neuberger of Abbotsbury 819
Articles
Property Rights of Cohabitants: A Comparison of Four Jurisdictions Thomas Leung Yu Hang 837
Should There Be a Limitation Period for Section 214 of the Securities and Futures Ordinance? Martin Kwan 883
Revisiting Section 124 of the Crimes Ordinance Eric Chan and Tiffany Wong 899
The Apology Ordinance: Bold Steps into Some Uncharted Areas of Apology-Protecting Legislation Prue Vines and Robyn Carroll 925
Party Autonomy and the Selection of Non-State Norms in International Commercial Contracts Jane Y Willems 953
Seventy Years On: The Taiwan Constitutional Court and Judicial Activism in a Changing Constitutional LandscapeTzu-Yi Lin, Ming-Sung Kuo and Hui-Wen Chen 995
China Law
China–Taiwan Repatriation of Criminal Suspects: Room for Human Rights? Yu-Jie Chen and Jerome A Cohen 1029
Guiding Cases as a Form of Statutory Interpretation: Expansion of Supreme People’s Court’s Judicial Lawmaking Authority in China Shucheng Wang 1067
Developments in Inter-Regional Confl ict of Laws within China Meirong Zhang 1097
Revision of China’s Legislation Law: Towards a More Orderly, Fair and Just Legal System Guang Shen 1137
The Gap Between the EU and China on the ISDS Mechanisms in the Context of the EU–China BIT Negotiations: Evolving Status and Underlying Logic Lifeng Tao and Wei Shen 1159
Review Article
Convergence (or Divergence) in Private Law: Review Essay on Private Law in China and Taiwan: Legal and Economic Analyses Chang-hsien Tsai 1215


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