Hong Kong Law Journal 1971 - 2021

Vol. 50, Part 1 of 2020

TABLE OF CONTENTS

HKLJ Turns 50 Rick Glofcheski1
Birth of the Hong Kong Law Journal Henry Litton CBE, GBM5
Comment
A Strained Interpretation of Art 22 of the Basic LawJohannes Chan 7
Analysis
The Logical Foundations of Judicial Review of Legislation in the Hong Kong Special Administrative RegionEric C Ip 19
A Response to Infinger v Hong Kong Housing Authority — Same-sex Couples' Unequal Access to Public Housing in Hong Kong Elizabeth Lui 35
Passenger Injuries in International Air Law: Case Law Development and Upcoming Questions for Hong Kong Courts Jae Woon Lee 49
Lecture
Judicial Striking-Down of Unconstitutional Legislation Hon Mr Justice Kemal Bokhary GBM, NPJ 77
Articles
The Two Giants of the Post-war High Court of Australia Andrew D Clarke 85
Proprietary Estoppel Remedies in Hong Kong: Lessons from Singapore, England and Australia Ying Khai Liew 109
The "Social Contract", Care and Inheritance in England and Hong Kong Brian Sloan 139
Just a Slap on the Wrist? Parental Corporal Punishment of Children and the Defence of Reasonable Chastisement in Hong Kong David Birchall and Jack Burke 167
The Application of Existing Intellectual Property Legal Regime to Space Activities: An Examination of the Self-Contained Mechanism in the Outer Space Treaty Zhijie Chen 195
Human Arbitrators (the Undisputed Champion) v Robots (the Challenger) Dan Wei and Gustavo Moser 215
50th Anniversary Feature Articles
Chinese Law and Legal Reform: Where to from Here? Jianfu Chen 243
China Law
Third Party Rights and Insurer's Defences in Liability Insurance in Chinese Law and Judicial Practice Zhen Jing and Liang Zhao 275
The Qing Dynasty's Obligatory Case Review System and its Purposes: Supporting Shapiro's Model of Courts Kevin M Hubacher 303
Relationship between Law and Morality in Qing Law as Evidenced in the Legal Treatise (Xingfa) of the Draft Qing History (Qingshi Gao) Geoffrey MacCormack 321
Book Review
Transparency Challenges Facing China Michael Dowdle 343


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Vol. 50, Part 2 of 2020

TABLE OF CONTENTS

Analysis
Liability for Imposing Sanctions under Hong Kong's National Security Law Albert HY Chen and Simon NM Young 353
Focus: 2019 Hong Kong Protests: Political Origins and Legal Ramifications
Reckoning of Our Times Po Jen Yap 365
The Unprosecuted Taiwan Homicide, the Unaccepted Extradition Law Amendment Bill and the Underestimated Common Law PY Lo 373
Political Crowdfunding of Rights Julius Yam 395
"Who but the Governor in Executive Council is the Judge?" — Historical Use of the Emergency Regulations OrdinanceMichael Ng, Shengyue Zhang and Max Wong 425
A "Guardian" Controversy over Hong Kong's Basic Law? Ryan Mitchell 463
Two Paradigms of Emergency Power: Hong Kong's Liberal Order Meeting the Authoritarian State Hualing Fu and Xiaobo Zhai 489
Deference as Proper Judicial Attitude — with Special Reference to Anti-Mask Law Judgments Guobin Zhu and Xiaoshan Zhang 517
The Necessity of Balancing: Hong Kong's Flawed Approach to Proportionality, and Why It Matters Alec Stone Sweet 541
Remedial Discretion and the Prohibition on Face Covering Regulation Po Jen Yap and Jiang Zixin 569
Amnesty for Street Protesters Anna Dziedzic and Julius Yam 585
Constitutional Controversies in the Aftermath of the Anti-Extradition Movement of 2019 Albert HY Chen 609
50th Anniversary Feature Article
The Disappearing Firewall: International Consequences of Beijing's Decision to Impose a National Security Law and Operate National Security Institutions in Hong Kong Carole J Petersen 633
Articles
Reconciliation of the NPCSC's Power of Interpretation of the Basic Law with the Common Law in the HKSAR Johannes Chan 657
The Iron Curtain: Controlling Unreasonable Defamation Immunity Clauses Neerav Srivastava 685
Non-Invocation of UNCITRAL Model Law Article 16(3) — a Critical Approach Li Chen and Qianqian Yu 719
The Guangdong–Hong Kong–Macao Greater Bay Area: Cultural Heritage Laws as a Bridge between Past and Future Rostam J Neuwirth and Zhijie Chen 743
China Law
Fatal Lack of Information Transparency in Public Health Emergency: Lessons from the COVID-19 Outbreak in China Ding Chunyan 781
Constructing Tainted Witness Immunity in Corruption Crime in China Xinlin Peng and Heping Dang 809


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Vol. 50, Part 3 of 2020

TABLE OF CONTENTS

Analysis
Gay Rights in Hong Kong after Infinger v Hong Kong Housing Authority: A Step Backwards in Principle but a Step Forward in Practice? Kai Yeung Wong 831
Claiming Wrongful Diagnosis under the Mental Health Ordinance: The Impossibility of Building a Reasonably Arguable Case Urania Chiu and Daisy Cheung 837
Pecuniary Penalties for Anti-Competitive Conduct: Absolutely Deterrent? Alex C.H. Yeung and Joshua Yeung 851
The Singapore Convention: Is This the New York Convention for Mediation? Suraj Sajnani 863
Hong Kong Law Journal: A Citation Analysis Antonia CH Yiu 877
Articles
Threats to Hong Kong's Autonomy from the NPC's Standing Committee: The Role of Courts and the Basic Structure Doctrine Surya Deva 901
Is Hong Kong's Riot Law "Respectable"? Margaret Ng, Jason Ko and Kin Lau 935
Lawful Traditional Right and Sustainability: An Unbalanced Interest in the Customary Ding Right in Hong Kong? Say H Goo and Heather Lee 961
How Much Is a Leg Worth in Hong Kong? Proposal for Reforming Personal Injury Compensation Felix WH Chan, Wai Sum Chan and Johnny SH Li 983
Re-examining the World Bank's Doing Business Report in the Light of its Pro-deregulation Bias Miriam Anozie, Festus Ukwueze, Louis Enu-Tampie, Benjamin Mukoro, Uju Beatrice Obuka, Obinne Oguejiofor and Ndubuisi Nwafor 1005
Treatment Standards of State-Owned Enterprises as Public Entities: A Clash or Convergence across International Economic Laws? Bin Gu and Chengjin Xu 1025
Shareholder Control in the Context of Corporate Social Responsibility: A Fundamental Challenge to the Modern Corporation Min Yan 1057
China Law
Pre-empting Court–Civil Society Synergy: How China Balances Judicial Autonomy and Legal Activism Yueduan Wang 1081
The Change of Government's Role in Reorganisation of Listed Companies in China: A Contrast of the Empirical Evidence in the Periods Between 2007–2013 and 2013–2019 Huimiao Zhao and Wei Cai 1107
Legal Personality and the Evolution of the Rule of "Debts-Follow-Assets" in China: Complicating the Theory of Interest Group James Si Zeng 1133
Compelling Filial Support: The Experience of the Elderly Law in China's Courts Luxue Yu 1155
Chinese Characteristics and Universalist Insolvency Ideals C huyi Wei, Gerard McCormack and Xian Huang 1183
Book Review Law
Criminal Appeals in Hong KongAmanda Whitfort 1215


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