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E-NEWSLETTER

April 2020

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Dear all,

 

These past months have been rather difficult as Hong Kong and the world are trying to overcome the COVID-19 situation. I strongly believe that we will be able to cope with the ‘new normal’ if we remain positive and keep moving forward together. In this regard, I wish to extend my sincere gratitude to all CUHK LAW colleagues, students and alumni as well as to all our other friends for the tremendous support granted to us during these challenging times.

 

I am very happy to present to you the latest CUHK LAW e-Newsletter. The CUHK LAW e-Newsletter reports on our efforts to move research and teaching excellence to even greater heights, the initiatives and the success of our students, staff movements, past and future events as well as anything else that is important to us. I hope you will enjoy the reading.

 

We are CUHK LAW! Let's stay together.

 

Best wishes,

 

LUTZ-CHRISTIAN WOLFF 

Dean of the Faculty of Law & Wei Lun Professor of Law 

 

 

 

 

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Law & Technology will continue to be one of the dominating legal themes in the future. Teaching and research at CUHK LAW give significant attention to this area.  Led by its Centre for Financial Regulation and Development (CFRED), our Law & Technology research focuses on FinTech, RegTech and LawTech. The Machine Lawyering Blog created by CFRED has gathered leading interdisciplinary commentary and featured over 300 authors’ work on the latest developments in Law & Technology. Legal technologies are playing an increasingly important role also in the day-to-day life of lawyers. To prepare CUHK LAW students for their professional careers CUHK LAW will offer courses on Legal Technologies to LLB, JD and LLM students starting from the academic year 2020-21.

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CUHK LAW Wins the 17th Willem C. Vis East International Commercial Arbitration Moot, one of the largest international arbitration mooting competitions in the world. Held online for the first time from 22-29 March 2020, 71 schools from 21 jurisdictions in Asia, Australia, Europe, North America and South America participated in the competition, including top law school students from Harvard University, University College London, University of Basel and Tsinghua University. In addition to the championship, CUHK LAW team member FAN Yin Cheung Kasper was awarded an Honourable Mention for his advocacy.

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The Conference on Machine Lawyering: Digitally Reconceiving Contracting, Regulation and Property held by CUHK LAW on 16-18 January 2020 brought together a diverse group of academics and practitioners from 13 different jurisdictions in Asia, Europe and the United States to discuss various legal issues associated with the use of data and new technologies in commerce. Topics such as emerging alternative finance, competition law in the big data industries, legal policy on use of artificial intelligence, regulation of new payment systems (P2P, stored value, mobile payment, non-bank systems), the collection, processing and protection of personal data and data analytics in finance were debated during the event.

 

 

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The inaugural Female Legal Leaders Seminar held by CUHK LAW in November 2019 featured three distinguished speakers, i.e. the Honourable Mrs. Justice Audrey CAMPBELL-MOFFAT, Judge of the Court of First Instance of the High Court of Hong Kong, Ms. Emma DAVIES, Partner at Clifford Chance and Ms. Anna WU Hung-yuk, Chair of the Competition Commission of Hong Kong. The speakers shared their professional and personal experience working in the legal industry with a special focus on gender issues.  

 

Related topic >>  “Reflection on the First Female Legal Leaders Seminar: How Is Moving to an Inclusive Workplace Possible?” by Jenna Chow, Hong Kong Student Law Gazette (pp. 18-19, Issue 15, Winter 2019)

The next Female Legal Leaders Seminar will be delivered online on 23 April 2020.

 

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The Conference on Aviation Law and Policy in Asia held by CUHK LAW on 1-2 November 2019 was attended by academics, government officers, airline representatives, and aviation practitioners to address aviation law and policy issues in 15 different Asian jurisdictions. Participants discussed the contradictions arising out the growth of the aviation industry and the dual challenges of protectionism and infrastructure constraints in Asia. Various topics such as air transport liberalization, air operator certificate regulation, legal issues regarding pilot strikes, traffic rights allocation, new types of aircraft, the competitiveness of the Hong Kong International Airport, aircraft financing and big data in the aviation industry were actively discussed. The conference research papers will be published next year in “Aviation Law and Policy in Asia: Smart Regulation in Liberalized Markets” as part of Brill’s Asian Law Book series.

 

 

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CUHK LAW offered two online Greater China Legal History Seminars in March and April 2020 which drew interest from over 1,600 registrants in total. Both seminars received CPD accreditation from the Hong Kong Law Society. The seminar “A Short Legal History of China’s Belt and Road Initiative” delivered by Professor Lutz-Christian WOLFF discussed the development of China’s Belt and Road Initiative (BRI) from the legal perspective. The seminar “Collectors and Collections of Chinese Art and Antiquities: Problems with Gifts, Trusts and Legacies” delivered by Professor Steven GALLAGHER explored the forming, maintaining and disposing of collections, in particular of Chinese art and antiquities from the legal point of view. The seminars kick-started a series of Faculty online CPD seminars organized for legal practitioners, CUHK LAW alumni, students and the general public.

UPCOMING EVENTS

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CUHK LAW has established a new Centre for Comparative and Transnational Law (CCTL)  to provide institutional support for collaborative comparative and transnational law research of Faculty members. Led by the Executive Director Professor Rehan ABEYRATNE, CCTL focuses on specific fields supported through various cluster groups covering e.g. comparative constitutional law, cross-border legal issues, transnational legal history, and the law of obligations.

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CUHK LAW offers the following new courses in the academic year 2020-21.

 

  • Legal Technologies (LLB, JD and LLM elective) – the course provides a broad introduction to the future of the legal profession in times when legal technologies are rapidly gaining importance.

  • Law and Film (LLB, JD and LLM elective) – the course examines the ways in which law and the legal system are represented in a variety of films. It also considers the ways in which films engage with legal debates and controversies.

  • Transnational Law After Empire (LLM and JD elective) – the course discusses the development of the common law during times of decolonization.

  • Colonial Governance and the Rule of Law (JD and LLM elective) – the course explores the manner in which the history of empire has shaped both national and international legal orders.

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WELCOME ON BOARD

Professor Mara MALAGODI is Assistant Professor at CUHK LAW. She is a comparative constitutional lawyer and socio-legal scholar with a linguistically-informed specialism in South Asian law and politics, human rights law, gender and law, legal history, and law and film. She is a non-practicing barrister in England and Wales, and an award-winning documentary filmmaker.

Professor Malagodi’s research explores the history of constitutionalism in South Asia including for instance through pieces recently published in the International Journal of Constitutional Law. She teaches courses on Legal Research, Analysis and Writing and Research Methodologies and will teach the new course on “Law and Film” in the academic year 2020-21.

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GRANTS & AWARDS

 

  • Professor Surabhi CHOPRA receives HK$2,998,800 of the Research Impact Fund 2019/20 from the Hong Kong Research Grants Council (RGC).

  • CUHK LAW Team wins the regional rounds of and the Best Oralist prize at the Philip C. Jessup International Law Moot Court Competition, the world’s largest and most prestigious mooting competition.

  • Professor Benoit MAYER receives the 2019 Young Scholar Prize from the International & Comparative Law Quarterly (ICLQ), one of the world’s leading journals for public and private international law, comparative law, human rights and European law.

  • PCLL student George HO wins the 2019 Law for Change Student Competition established by The Global Network for Public Interest Law (PILnet).

  • Professor Bryan MERCURIO receives HK$536,199 from the Public Policy Research (PPR) Funding Scheme of the HKSAR Policy Innovation and Co-ordination Office.

  • PhD student Songyin BO receives the Young Asian IP Scholar Award for her paper presented at the 5th Asian IP Works-In-Progress Conference 2020.

  • Professor Robin Hui HUANG receives the prestigious ‘經天學者’ honorary professorship from the East China University of Political Science and Law (ECUPL), one of the leading law institutions in mainland China.

  • Professor Robin Hui HUANG receives HK$364,268 from the Public Policy Research (PPR) Funding Scheme of the HKSAR Policy Innovation and Co-ordination Office, and a competitive research collaboration grant from the Shanghai Stock Exchange.

  • CUHK LAW Vis Moot Team wins second place at the “Write The Award” Competition, continuing their success in the 2019 Vis Moot in Vienna.
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RECENT PUBLICATIONS

 

  • “New Dominion constitutionalism at the twilight of the British Empire: An introduction” in International Journal of Constitutional Law (Oxford University Press) by Professor Mara MALAGODI (with Professors L. McDONAGH and T. POOLE).

  • “Artificial Intelligence ante portas: The End of Comparative Law?” in The Chinese Journal of Comparative Law (Oxford University Press) by Professor Lutz-Christian WOLFF.

  • “The obscure consumer in the Chinese intellectual property law” in European Intellectual Property Review (2020) by Professor Jyh-An LEE and PhD student Yangzi LI.

  • “Uncertain sovereignty: Ceylon as a Dominion 1948-1972” in International Journal of Constitutional Law (Oxford University Press) by Professor Rehan ABEYRATNE.

  • “The (re)introduction of dual-class share structures in Hong Kong: a historical and comparative analysis” in Journal of Corporate Law Studies (2020) by Professor Robin Hui HUANG.

  • “Shifting IP battlegrounds in the U.S. - China trade war” in Columbia Journal of Law & the Arts (2020) by Professor Jyh-An LEE.

  • “Reflection on the First Female Legal Leaders Seminar: How Is Moving to an Inclusive Workplace Possible?” in Hong Kong Student Law Gazette (Issue 15, Winter 2019) by JD student Jenna CHOW.

  • “The approach for ascertaining a trustee’s duties and liabilities, effectiveness of anti-Bartlett provisions, and equitable compensation for breach of trust or fiduciary duty: Zhang Hong Li & Ors v DBS Bank (Hong Kong) Ltd & Ors [2019] HKCFA 45” in Trusts & Trustees (Oxford University Press) by JD and PCLL graduate Samuel Yee Ching LEUNG.

  • “The relationship between contract law and property law” in Common Law World Review (2020) by Professor Lutz-Christian WOLFF.

  • “The Development and Regulation of Cryptoassets: Hong Kong Experiences and a Comparative Analysis” in European Business Organization Law Review (2020) by Professor Robin Hui HUANG.

  • “The Dominion model of transitional constitutionalism” in International Journal of Constitutional Law (Oxford University Press) by Professor Mara MALAGODI (with Professors L. McDonagh and T. Poole).

  • “Dominion status and the origins of authoritarian constitutionalism in Pakistan” in International Journal of Constitutional Law (Oxford University Press) by Professor Mara MALAGODI.
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Let's stay together - We are CUHK LAW!

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