Contract Law in Hong Kong

Author: Michael J. Fisher,Desmond G. Greenwood

Publisher: Hong Kong University Press

ISBN: 9789622098657

Category: Law

Page: 430

View: 6438

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The first comprehensive textbook on contract law for more than ten years. 16 chapters cover all basic contract concepts with particular emphasis placed on what makes Hong Kong law different from other common law jurisdictions.

Contract Law in Hong Kong

Author: Michael Fisher,Desmond G. Greenwood

Publisher: Hong Kong University Press

ISBN: 9888083759

Category: History

Page: 470

View: 9362

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This revised and expanded second edition of Contract Law in Hong Kong is the most comprehensive contemporary textbook on Hong Kong contract law written primarily for law students. The 16 chapters of the book cover all basic contract concepts in a reader-friendly style and make ample use of case illustrations. The book deals with all the core areas of Contract Law. The first two chapters introduce the major themes and explain the multiple sources of law in Hong Kong. The subsequent thirteen chapters cover the formation of a valid contract, its contents, "vitiating" elements, the consequences of illegality, the termination of contracts and remedies for breach of contract. The book concludes with an explanation of the doctrine of privity and proposals for reform of the operation of privity in Hong Kong. Particular attention is given to what makes Hong Kong law different from other common law jurisdictions, and to the continuing significance of English case law in Hong Kong and the theoretical and practical reasons for this. The book is intended primarily as a readable but comprehensive and authoritative text for Hong Kong law students. Practising lawyers and professionals who need to acquire knowledge on the topic, however, will also find this book useful and accessible.

Contract Law in Hong Kong : Introductory Guide

An Introductory Guide

Author: Stephen D. Mau

Publisher: Hong Kong University Press

ISBN: 9888028588

Category: Law

Page: 144

View: 8027

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This is one in a series of books seeking to introduce the reader to the more frequently encountered common law principles which apply in Hong Kong. This book presents an introduction to contract principles. Contracts affect everyone, from simple daily activities as buying groceries to more complicated and formal agreements such as renovation. As a basic version intended for general use, this publication aims to be an overview. The organizational structure reflects this goal: the text is kept short and easy to read (with Chinese translations of most legal terms used in the text) while the extensive endnote section provides much more comprehensive and detailed explanations for those readers who seek such information. The Table of Contents conveniently provides an overview in an outline format of the subject. The extensive Index makes the book more user-friendly. The intended readership would include, for example: students required to study legal subjects; foreign-based non-law professionals needing an overview of the relevant subject; and, the general public.

Hong Kong Contracts

Autonomy and Creativity

Author: Carole Chui,Derek Roebuck

Publisher: Hong Kong University Press

ISBN: 9789622092891

Category: Law

Page: 190

View: 6234

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A straightforward text for beginners on the law of contract in Hong Kong.

Goods

Sales and Securities (3rd edition)

Author: Judith Sihombing

Publisher: Hong Kong University Press

ISBN: 9789622094321

Category: Law

Page: 188

View: 863

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The purpose of this book is to introduce elements of the law concerning dealings with goods in Hong Kong to non-lawyers. It assumes that the reader is familiar in outline with the legal system in Hong Kong and knows something of the law of contract. Technical terms are explained in Chapter One to enable the reader to study the chapters on substantive law without needing to consult a legal dictionary. The dealings which can be effected with goods have been described in some detail. This book contains all that an accounting student needs to study for Hong Kong Society Accountants' Examination in respect of goods.

Hong Kong Legal Principles

Important Topics for Students and Professionals, Second Edition

Author: Stephen D. Mau

Publisher: Hong Kong University Press

ISBN: 9888139746

Category: Law

Page: 576

View: 3689

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While there are publications on specific legal fields, no recent book includes several core legal subjects presented in a general manner. Resulting from this need for an updated work on the general principles of law in Hong Kong for use by non-law students and nonlegal professionals, the first edition of this book was published in 2006. After three printings, the latest in 2010, a new edition became necessary to reflect accurately the changes in the law since the first publication. Intended as a practical general guide to the more common legal principles as they relate to Hong Kong -- contract, tort, employment, and property -- the second edition should assist the reader in understanding and anticipating legal issues that might arise in commercial or daily personal situations. Therefore the second edition of this book has been updated to reflect recent court decisions and revisions to Hong Kong ordinances and has been reorganized to render the book more user friendly.

Law Relating to Banking in Hong Kong

Author: Derek Roebuck

Publisher: Hong Kong University Press

ISBN: 9622093531

Category: Law

Page: 340

View: 1035

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Produced in collaboration with the Chartered Institute of Bankers Hong Kong Centre, this book is indispensable to students sitting for the institute's examination from September 1992 onwards, and to anyone involved in the banking industry in Hong Kong. Banking regulations and the law on securities, negotiable instruments, business associations, and insolvency are discussed.

The New Legal Order in Hong Kong

Author: Raymond Wacks

Publisher: Hong Kong University Press

ISBN: 9622095070

Category: Law

Page: 712

View: 2429

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As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future.

Shipping and Logistics Law

Principles and Practice in Hong Kong

Author: Felix W.H. Chan,Jimmy J.M. Ng,Bobby K.Y. Wong

Publisher: Hong Kong University Press

ISBN: 962209600X

Category: Law

Page: 784

View: 7632

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The maintenance of Hong Kong as a free port and international logistics hub is crucial for its economic vitality. Rapidly expanding international trade with mainland China and Hong Kong has generated significant changes to the shipping and logistics law in both jurisdictions. This textbook provides a general framework for the basic principles of shipping and logistics law in Hong Kong. It contains illustrations from case law, extracts of the relevant legislation, and sample shipping and marine insurance documents for reference. It covers the curriculum requirements of most courses on shipping law, transport studies and logistics management. Besides, all the issues examined in this book have relevance for managers, insurers, bankers and lawyers who need to acquire a clear understanding of the key principles in a practical context.

Finance, Rule of Law and Development in Asia

Perspectives from Singapore, Hong Kong and Mainland China

Author: Jiaxing Hu,Matthias Vanhullebusch,Andrew Harding

Publisher: BRILL

ISBN: 9004315810

Category: Business & Economics

Page: 548

View: 549

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This volume offers a comparative study of Hong Kong, Singapore and Mainland China's financial models conducted by leading experts in the field and advances a sophisticated and common understanding on the development of financial centres in Asia based on the rule of law.

Family Law for the Hong Kong SAR

Author: Athena Nga Chee Liu

Publisher: Hong Kong University Press

ISBN: 9789622094925

Category: Law

Page: 540

View: 9417

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Family Law for the Hong Kong SAR gives a succinct, clear and comprehensive account of modern family law and will be useful to both students and practitioners. This book incorporates recent developments in family law such as the Marriage and Children (Miscellaneous Amendments) Ordinance 1997, Law Reform (Miscellaneous Provisions and Minor Amendments) Ordinance 1997 and the Child Abduction and Custody Ordinance 1997. Contents include: the old-style customary marriage, concubinage, modern marriage, and Christian marriage; nullity and divorce; legitimacy and illegitimacy; parentage; parental rights and authority; the welfare principle; custody on divorce; adoption; wardship; child abduction; maintenance during marriage; financial provision and property on divorce, and domestic violence.

Tort Law in Hong Kong

An Introductory Guide

Author: Stephen D. Mau

Publisher: Hong Kong University Press

ISBN: 9888028596

Category: Law

Page: 160

View: 7223

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This is one in a series of books providing readers with an overview of the more frequently encountered legal principles. This book focuses on the common law tort principles which apply in the territory. As a basic version, this publication provides a general introduction. This book's organizational structure reflects this intention. The text is kept short and easy to read with Chinese translations provided of most legal terms. An extensive endnote section provides readers who seek more details with comprehensive and in-depth explanations. A detailed Table of Contents serves as a convenient outline while the exhaustive Index seeks to make the book more user-friendly and convenient to use. This work is oriented for an audience which would include, for example: general students required to study legal subjects; foreign-based non-law professionals needing an overview of the relevant subject; local professionals whose work involves interaction with legal matters; and, the general public.

Legal Origins and the Efficiency Dilemma

Author: Nuno Garoupa,Carlos Gómez Ligüerre,Lela Mélon

Publisher: Routledge

ISBN: 1315311194

Category: Business & Economics

Page: 198

View: 7764

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Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

Citizenship, Identity and Social Movements in the New Hong Kong

Localism after the Umbrella Movement

Author: Wai-man Lam,Luke Cooper

Publisher: Routledge

ISBN: 1351802259

Category: Social Science

Page: 180

View: 932

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Hong Kong’s ‘Umbrella Revolution’ has been widely regarded as a watershed moment in the polity’s post-1997 history. While public protest has long been a routine part of Hong Kong’s political culture, the preparedness of large numbers of citizens to participate in civil disobedience represented a new moment for Hong Kong society, reflecting both a very high level of politicisation and a deteriorating relationship with Beijing. The transformative processes underpinning the dramatic events of autumn 2014 have a wide relevance to scholarly debates on Hong Kong, China and the changing contours of world politics today. This book provides an accessible entry point into the political and social cleavages that underpinned, and were expressed through, the Umbrella Movement. A key focus is the societal context and issues that have led to growth in a Hong Kong identity and how this became highly politically charged during the Umbrella Movement. It is widely recognised that political and ethnic identity has become a key cleavage in Hong Kong society. But there is little agreement amongst citizens about what it means to ‘be Hong Konger’ today or whether this identity is compatible or conflicting with ‘being Chinese’. The book locates these identity cleavages within their historical context and uses a range of theories to understand these processes, including theories of nationalism, social identity, ethnic conflict, nativism and cosmopolitanism. This theoretical plurality allows the reader to see the new localism in its full diversity and complexity and to reflect on the evolving nature of Hong Kong’s relationship with Mainland China.

Cheques

Building for Joint Ventures (Second edition)

Author: Derek Roebuck

Publisher: Hong Kong University Press

ISBN: 9789622092884

Category: Law

Page: 120

View: 5319

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The use of cheques and other banking instruments in Hong Kong and the law which applies to them are described.

Studies in the Contract Laws of Asia

Remedies for Breach of Contract

Author: Mindy Chen-Wishart,Alexander Loke,Burton Ong

Publisher: Oxford University Press

ISBN: 019107442X

Category: Law

Page: 450

View: 5806

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Hong Kong's New Constitutional Order

The Resumption of Chinese Sovereignty and the Basic Law

Author: Yash Ghai

Publisher: Hong Kong University Press

ISBN: 9622094635

Category: Law

Page: 608

View: 7542

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This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.

Introduction to the Hong Kong Basic Law

Author: Danny Gittings

Publisher: Hong Kong University Press

ISBN: 9888139487

Category: Law

Page: 460

View: 6441

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Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer