Hong Kong Law Journal 1971 - 2025

Vol. 55, Part 1 of 2025

TABLE OF CONTENTS

Articles
Knowing Receipt of Shares in a Foreign Non-Common Law Company: Byers v Saudi National Bank WMC Gummow AC 1
Whose Role? Judicial vs Legislative Protection of Minority Rights Kemal Bokhary 5
In the Name of Public Interest: Challenging the Coroner’s Failure to Hold a Death Inquest in Hong Kong Trevor TW Wan 11
Conditional Discharge, Statutory Interpretation and the Mental Health Review Tribunal Daisy Cheung and Edward Lui 29
Courts and the Legislative Assembly in the Macau SAR Constitutional Crisis (2005–2009) Luis WK Wong 47
Study on the Preventive Mechanisms for Food Safety Incidents in Hong Kong and Macao: Comparative Perspectives Ting Zhou, Zimao Xie and Jingwen Chen77
Can Musical Elements be Copyrightable? Rethinking the Boundaries of Copyright Protection Xuan Shen101
Stamp Duty in Hong Kong (1981–2024): The Evolution Waltz Wilson Chow and Josiah Chung Ming Chan127


↑ Top

Vol. 55, Part 2 of 2025

TABLE OF CONTENTS

Symposium: The Constitution and the Civil Code in Asia
The Constitution and the Civil Code in East Asia: China, Japan, South Korea and Taiwan Alec Stone Sweet 153
The Constitutionalisation of Civil Law in South Korea: Practices of Ordinary Courts Yoon Jin Shin163
The Development of the Doctrine of Horizontal Effect of Constitutional Rights in Taiwan Hsiaowei Kuan191
Keeping a Constitution in its Place: “Constitutionalised” Civil Law in the Japanese Context James C Fisher211
The Interaction of the Constitution and the Civil Code in Japan Keigo Komamura233
China’s Civil Code as a Super-Statute: Ramifications for Constitutional Theory Chong Bu253
Constitution Talk in the Chinese Civil Courts: Constructing the Constitution through the Civil Code? Zhuo Ding277
Articles
Recognition, Relief and Enforcement of Schemes, Plans and Judgments: Towards a Transnational System of Justice in Cross-Border Insolvency Geoffrey Ma299
Justice Reimagined: Innovative Remedies in the Courts Kemal Bokhary313
The Interface between Arbitration Clauses and Insolvency Proceedings Hilary So and Anfield Tam321
The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong Michael MK Cheung and Anne SY Cheung341
Sino-US “Chip War”: Can China’s Semiconductor Fiscal and Tax Policies Effectively Break through Technological Blockade? Jingxian Chen and Kexin Zhou373
Book Reviews
Yanhong Yin, The Idea of a Chinese Arrest Warrant: Surrender of Fugitive Offenders between Mainland China Paulo Pinto de Albuquerque397
Bokhary, Witzleb and Srivastava (eds), Tort Law and Practice in Hong Kong Craig Purshouse401


↑ Top

Vol. 55, Part 3 of 2025

TABLE OF CONTENTS

Articles
The Seventh Wave of Constitution-Making in Retrospect Cheryl Saunders Cheryl Saunders405
The Rule-of-Law Ideal: Architecture, Core and Commitments Gerald J Postema425
Breach of Fiduciary Duties and Constructive Trusts The Hon William Gummow AC435
Interdisciplinary Training and Research Impact in the Legal Academy Abeer Sharma, Shuting Zhang and Ryan Whalen441
Two Conceptions of Consideration: Reflections from England and Hong Kong Alexander Georgiou460
Directors’ Duty on Climate Change under English Law? Lessons from Sequana and ClientEarth Min Yan483
Improving Foreign Bank Branch Regulations to Pursue a Global Financial Hub: A Comparative Analysis of South Korea and the Global Regulations Dong Won Ko and Ji Woong Seok499
The Reconsideration of Territorial Link Requirement of Invisible Investment in ISDS: A Novel Analysis from Sociological Aspect Fang Gu535
Gleaning Pearls of DMA for Anti-monopoly Enforcement on Digital Platforms: A Chinese Perspective Yujie Tong, Peicheng Wu and Charlie Xiao-chuan Weng562
Revisiting the Proof of Foreign Law Michael Chung587
Foreign Government Inaction in US Trade Remedy Laws: When the Emperor is Frustrated by His Empire Phuong Ngoc Tran and Jaemin Lee608
Let’s Trade Data Like Stocks: China’s Data Exchange Regulation inghao Zheng and Lerong Lu634


↑ Top

-->