Research Projects and Publications in CUHK- Law

Research Projects

  • Civil Justice Reform in Hong Kong

  • KELLY Elsa Mary Anne
    30 June 2007
    CUHK Research Committee Funding (Direct Grants)

    This research project will examine the nature, introduction and implementation of the new reforms to Hong Kong’s civil justice system. It will analyse the new reforms and recent developments in Hong Kong’s civil justice system from the perspective of access to justice. It will compare the reform process with developments in other common law jurisdictions which have, or are in the process of, reforming their systems. The project will address key questions including how the new reforms will work in practice in Hong Kong; the extent to which the new reforms will improve existing practices and procedures and the extent to which the new reforms will improve access to justice. (SS06974)

  • Film the Law Students and the School of Law : Reflections on a 4-Year Undergraduate Degree

  • MCCONVILLE Michael James, CARVER Anne Rosamunde, SHIVE Glenn Landes (Educational Administration & Policy), MCNAUGHT Carmel Marie (Centre for Learning Enhancement and Research)
    1 October 2006
    Teaching Development Grants for 05-08 Triennium

    Legal education is multifaceted academic and professional training and, since 2004, the undergraduate LLB programme has become a four-year undergraduate programme.
    As a result of the Report of the consultants on legal education and training in Hong Kong: a preliminary review in August 2002, a four-year curriculum was introduced and educational providers were invited to redesign their programmes in order to give students an expanded view of the world, enrich their general education, in addition to providing them with professional knowledge and skills.
    With its innovative new curriculum and its first intake of students in September 2006, the new School of Law at CUHK is concerned to develop appropriate Teaching Quality Assurance mechanisms, and associated staff and student development materials. The School also wishes to reflect upon divergent approaches to learning, to enrich the interpretation of the Student Engagement Questionnaire (SEQ) and other questionnaires within the University, and to provide feedback for curriculum design in future years.
    The Film of the law students is the first part of a four-year longitudinal study of the first intake of LLB students, the class of 2010. We shall film interviews with 10 law students in October 2006 and May 2007 and May 2008; film interviews with six law teachers in December 2006: and film an interview with Professor Paul Redmond, the lead Consultant to The legal education and training in Hong Kong: a preliminary review and a Visiting Professor in the School of Law 2006-2009.
    The School of Law regards the power of visual materials as a major tool in reflecting upon processes, development and outcomes (Fuery & Fuery, 2003). The video documentary A private universe produced by the Harvard-Smithsonian Center for Astrophysics in 1987 is an interesting earlier model of the advantages of filming students for student learning and outcomes; this project forms a precedent for this approach and lends support to the current application.
    Curriculum design in law has, not surprisingly, sought an evidence base (Olgoff, J.R.P., Lyon, D. R., Dougles, K.S., & Rose V. G., 2000). This film will also contribute a unique perspective to current research on the culture and value systems of law students (Sheldon & Krieger, 2004; Allen & Baron, 2004) in general, and in Hong Kong in particular. (LL06465)

  • Modifying “The Gold Rush: Mining the Law’ Online Game Designed for Secondary Students into a CD-Rom on Hong Kong Law for First Year Law Students”

  • LE BRUN Marlene Jean, LI Woon Woon (Information Technology Services Centre)#
    1 April 2006
    Teaching Development Grant 2005/06

    The aim of this project was to rewrite and redesign the online game, The Gold Rush: Mining the Law so that it was suitable for first year law students in Hong Kong and to produce it in CD-Rom format so that it could be used for teaching law students. The development of the CD-Room version led to the production of a second game. Discovery Destination: Lawyer, which tests students’ knowledge and understanding of common law and Hong Kong legal method and the Law of Contract. Discovery Destination: lawyer was evaluated by a cohort of first year law students and modified on the basis of the feedback that they provided. The game will be used for teaching purposes in year one of the LLB degree programme at The Chinese University of Hong Kong. (LL05575)

  • A Pilot Project: An Investigation into Current Practices & Recommendations for the Improvement of Bilingual Interviewing Practices By Police of Rape Victims in Hong Kong

  • LE BRUN Marlene Jean
    1 April 2006
    CUHK Research Committee Funding (Direct Grants)

    Considerable resources and effort have been invested in translating English legal documents into Chinese since the passage of the Hong Kong bilingual ordinance. Despite it importance, we know little about the impact of bilingual translation and interpretation on proceedings leading up to and including trial, particularly in rape cases. This project builds on the work of Leung. It will focus specifically how assumptions police hold about rape victims and women affect how they conduct interviews and record interview statements of rape victims. It will make recommendations that improve police interview practices in rape cases. The long term goal is to improve police interviewing of rape victims. Leung’s earlier CERG grant aimed to: describe and analyze strategies English-Chinese translation strategies; analyze and explain problems interpreters encounter; and tease out the relationships between the legal translation and interpretation. This project looks specifically at an earlier, yet crucial stage; it investigates how the police interview victims of alleged rape. This stage is crucial because there is often a difference in what the police tell the court the victim said in the interview and what is written in the victim’s statement, and what the victim actually testifies in court. This discrepancy brings the victim’s credibility into question. Studies from overseas indicate that police often adopt certain key words and phrases which are a type of ‘shorthand.’ This shorthand invariably embodies mistaken and outdated assumptions about the role of the victim in rape cases and the role of women in society, in general. (SS05346)

  • Regional Autonomy and International Rule of Law: The International Legal Status of the Hong Kong SAR under the One Country Two Systems Principle

  • LING Bing, LI Zhaojie James*, CHEUNG Sau Ha Deneb*
    1 August 2006
    Research Grants Council (Earmarked Grants)

    Modern international law envisions states as the principal actors engaging in international affairs and does not generally recognise regional entities to have separate and autonomous status. Under the One Country Two Systems principle, Hong Kong enjoys high degree of autonomy, which includes considerable powers and capacities to conduct international relationships on its own. This Project investigates Hong Kong’s practice on a select range of international legal matters since 1997, including treaty-making, jurisdiction, extradition and immunities, trade and commerce, human rights, environmental protection, and private international law. It will, on the one hand, demonstrate how Hong Kong’s special international status contributes to the development of international rule of law relating to the governance of regional autonomy of States. On the other hand, the Project will study the various legal aspects of the SAR’s cross-border relationship with the rest of China and thereby contributes to a better understanding of Hong Kong’s constitutional position in China. The Project will be carried out primarily through documentary survey and interviews with the relevant governmental officials in Hong Kong and China and will compare the Hong Kong experience with the practice of leading federated States in the world. The Project will be conducted in four stages through two years and will produce a research book or a series of journal articles. It will fill the void in an important area which has not been systematically studied since 1997. (CU06723)

  • Source of the Hong Kong Courts’ Power to Rule on the Compatibility of Primary & Secondary Legislation in Hong Kong with Civil Rights Contained in the Basic Law of Hong Kong

  • JHAVERI Swati Suryakant
    28 November 2006
    Student Campus Work Scheme - Chiap Hua Chen's Foundation Fund

    This research project develops a theory of the idea of “judicial power” as contained in Article 80 of the Basic Law of Hong Kong in the specific context of the courts’ power to rule on the compatibility of legislation with rights contained in the Basic Law. Since 1997, the Basic Law has provided a source of rights in Hong Kong and in recent years the courts have increasingly used those rights to rule on the constitutional validity of legislation. This includes adjudications in contexts where there has been no concrete government decision under the relevant legislation. The source of the courts’ power to exercise this form of abstract norm control is relevant to an increased understanding of the separation of powers between, inter alia, the legislature and the judiciary and the overall institutional structure that is relevant to giving effect to rights contained in the Basic Law. In carrying out such adjudications, the courts themselves have relied on the “judicial power” they have under Article 80 of the Basic law. This project evaluated this judicial justification with a view to developing a theory of the idea of “judicial power” that provides guidance on what may be an appropriate role for the judiciary in relation to such abstract normal control. (LL06920)

  • Strengthening Hong Kong's Constitutional Identity

  • YU Xingzhong
    1 September 2005
    Research Grants Council (Earmarked Grants)

    This research aims to explore ways to define and strengthen Hong Kong’s constitutional identity. Through comparative, empirical and case analysis, this research will look into some elements contributing to form Hong Kong’s constitutional identity, such as sharing of the power to interpret the Basic Law by multi-interpretive authorities, the relative positioning of different power branches in Hong Kong’s constitutional reconfiguration and the integration of the Basic Law with the common law constitutional tradition of Hong Kong. It will also explore a theory of special constitutional principles and their relations with general constitutional principles, which will provide a theoretical background for understanding Hong Kong’s unique constitutional context. Theoretically, this research would contribute not only to the constitutional scholarship in Hong Kong, but also the literature on constitutionalism in general. Practically, it could provide ideas and intellectual recourses for those who are engaged in constitutional practice in Hong Kong in their effort to keep Hong Kong’s own legal identity and autonomy. (CU05641)

Research Publications

  • CHEUNG Siu Wa. "R Cheung, ‘Corporate Governance in Hong Kong: On Certain Issues of Minority Shareholders’ Rights and Protection in Listed Companies'". International Company and Commercial Law Review available at Westlaw. (United Kingdom: Sweet & Maxwell) vol.18 no.6 (June 2008), pp.181-191
    (CUHK Library Call No: Available Online)

  • CHEUNG Siu Wa. "The New Statutory Derivative Action in Hong Kong: Part 1." Company Lawyer available at Westlaw. (United Kingdom: Sweet & Maxwell) vol.29 no.9 (April 2008), pp.279-297.
    (CUHK Library Call No: UL Law Perodical K3 .O46; Available Online)

  • CHEUNG Siu Wa. "The Statutory Minority Remedies of Unfair Prejudice and Just and Equitable Winding up: The English Law Commission’s Recommendations as Models for Reform in Hong Kong ". International Company and Commercial Law Review available at Westlaw (United Kingdom: Sweet & Maxwell) vol.19 no.5 (May 2008), pp.156-164
    (CUHK Library Call No: Available Online)

  • CHUI Wing Hong. "Indecent Assault on the Public Transport in Hong Kong". (co-authored with ONG Rebecca)International Journal of Law, Crime and Justice (London, United Kingdom: Academic Press Inc Elsevier Science) vol.36 no.1 (March 2008), pp.2-14.
    (CUHK Library Call No: UL Law Periodical K9 .N844; Available Online)

  • CHUI Wing Hong. "Lawyers’ perspectives on the impacts of self-representation in civil proceedings in Hong Kong". (co-authored with KELLY Elsa Mary Anne and CAMERON Camille) International Journal of the Legal Profession (London, United Kingdom: Routeldge, an imprint of Taylor and Francis Books Ltd.) vol.14 no.2 (Oct 2007), pp.195-212
    (CUHK Library Call No: Available Online)

  • CHUI Wing Hong. "Prisoners' right to vote in Hong Kong: A human rights perspective". Asian Journal of Social Science (Netherlands: Brill Academic Publishers) vol.35 no.2 (July 2007), pp.179-194
    (CUHK Library Call No: UL Periodical HN661 .S59)

  • HIE Hok Fung. "Business Law in Hong Kong, Chapter 7, Company Law". In Business Law in Hong Kong (2nd ed.), ed. by D K Srivastava. Hong Kong: Sweet & Maxwell Asia, 2007.
    (CUHK Library Call No: UL Reserve KNR856 .B87 2007; UL HK Studies KNR856 .B87 2007; UL Law KNR856 .B87 2007; Legal Resources Center Reserve KNR856 .B87 2007)

  • HIE Hok Fung. "Business Law in Hong Kong, Chapter 8, Partnership Law". In Business Law in Hong Kong (2nd ed.), ed. by D K Srivastava. Hong Kong: Sweet & Maxwell Asia, 2007.
    (CUHK Library Call No: UL Reserve KNR856 .B87 2007; UL HK Studies KNR856 .B87 2007; UL Law KNR856 .B87 2007; Legal Resources Center Reserve KNR856 .B87 2007)

  • HIE Hok Fung. "Company Law in Hong Kong, Practice and Procedure, Part 9, Protection of Outsiders." In Company Law in Hong Kong, Practice and Procedure (1st ed.), ed. by The Hon. Madam Justice Kwan. pp.9001-9068. Hong Kong: Sweet & Maxwell Asia, 2007.
    (CUHK Library Call No: UL HK Studies KNR956 .C65; UL Law KNR956 .C65; Legal Resources Center KNR956 .C65)

  • MCCONVILLE Michael James. "Politicians and Prosecutorial Accountability in Hong Kong". Common Law World Review vol.36 no.4, Isle of Man, United Kingdom: Vathek Publishing, 2007. pp.355-388.

  • PANDITARATNE Dinusha Nihara. "Reporting on Hong Kong to UN Human Rights Treaty Bodies: For Better or Worse Since 1997?" Human Rights Law Review vol.8 no.2, pp.295-322. United Kingdom: Oxford University Press, 2008.03.31.

  • PENDLETON Michael Derek. Intellectual Property in Hong Kong. ed. by Michael D Pendleton @ Alice Lee. 1st ed. 341 pgs. Hong Kong SAR: Lexis nexis Butterworths (Elsevier), 2008.02.

  • XI Chao. "Recognition and Enforcement of Hong Kong Collective Action Judgments by Chinese Courts". An invited submission to the Sub-committee on Class Actions of the Hong Kong Law Reform Commission. 2008.04.21.

  • YU Xingzhong. "Book Review: Competition Policy and Law in China, Hong Kong and Taiwan by Mark Williams". The Law and Politics Book Review vol.17 no.9 742-744 pgs. Maryland, 2007.09.

  • YU Xingzhong. "Formalism and Commitment in Hong Kong's Constitutional Development". Interpreting Hong Kong’s Basic Law ed. by Hauling FU, Lison Harris and Simon NM Young. 1 ed. pp.173-187. Hong Kong: Palgrave MacMillian, 2008.01.
* Name of external researcher
# Name of staff who has left the University