Logistics Management and its Legal Environment in China

After almost 15 years of lobbying and negotiation, China has finally cleared all the hurdles to gain World Trade Organisation (WTO) membership, joining in November 2001. However, foreign investors in China are increasingly embroiled in disputes with Chinese companies due to logistics barriers. This article is a literature review which examines the idea that China's entry into the WTO and its legal reforms in response to globalisation will have a significant impact on the entire system of logistics management. The existing literature reveals very little systematic research in this area from the legal perspective. With continual legal reforms, there are tremendous opportunities to fundamentally improve logistics theory and practice. This article critically investigates the constraints of logistics management in China in the context of its WTO entry, and puts forward ideas that may help to create a blueprint for China's future legal reforms.published_or_final_versio

Inconsistent foreign judgments on exclusivity of jurisdiction: Comity and judicial deference

A domestic common law court is faced with an application to enforce a judgment issued by foreign court X. However, the judgment issued by court X is apparently inconsistent with another judgment previously rendered by foreign court Y. In addition, the action of court X in issuing the judgment may involve a breach of comity towards court Y. What should the domestic enforcing court do? What factors should the enforcing court consider when deciding whether the enforcement of the judgment rendered by court X is contrary to public policy on grounds of comity? In Compania Sud Americana De Vapores SA v Hin-Pro International Logistics Ltd, Lord Phillips of Worth Matravers sitting in the Hong Kong Court of Final Appeal articulated important principles and guidelines in these areas of private international law and the doctrine of comity. He identified the key factors the enforcing court should consider when evaluating whether the enforcement of a judgment rendered by foreign court X is contrary to public policy on grounds of comity, and whether the judgment of court X is in conflict with another judgment previously issued by foreign court Y on the same issue. Several aspects of Lord Phillips’ reasoning warrant further discussion and elucidation

A Longlinear Analysis of Legal Representation Statistics on Hearings of Civil Cases in the District Court of Hong Kong

AnalysisBefore 1 September 2000, the District Court's civil jurisdiction was limited to claims of up to HK$120,000. From 1 September 2000, the District Court's civil jurisdiction was extended to claims of up to HK$600,000. With effect from 1 December 2003, the civil jurisdiction of the District Court was further increased from HK$600,000 to HK$1 million. The main objective of this paper is to assess the impact of the enlargement of the District Court's jurisdiction on the usage rates of barristers in the conduct of civil cases in the District Court. Having performed a loglinear analysis of the legal representation statistics on the hearings for civil claims in the Hong Kong District Court over a two-year period from 1 September 1999 to 31 August 2001, the authors discovered, inter alia, that the enlargement of the District Court's jurisdiction has resulted in less use of barristers (relative to the use of solicitors) when all other factors are being controlled.published_or_final_versio

Using Actuarial Evidence in Singapore and Hong Kong: A Sequel to “Lai Wee Lian Revisited”

Following the English common law, successful claimants in personal injury and clinical negligence cases in Singapore and Hong Kong usually receive their compensations as a lump sum. The amount in respect of future expenses and loss of future earning is a result of discounting the future pecuniary values into a single present-day amount, considering inflation, the time value of money and the claimant’s mortality. Using actuarial tables based on projections of the mortality rate of the general population may be considered as an alternative method in converting the future loss of earnings and future expenses into a lump sum reflecting its present value. For this purpose, a set of actuarial tables are constructed in this article. Various options for determining the appropriate discount rate(s) are explored in the context of the statistical and economic data of Singapore and Hong Kong.published_or_final_versio

An actuarial approach to assessing personal injury compensations in Singapore: Theory and practice

In Singapore personal injury litigations, successful claimants usually receive their compensations as a lump sum. The main advantage of a lump sum payment is that the proceedings can be concluded with a 'clean break' between the parties. The lump sum is a result of discounting the future pecuniary values into a single present-day amount, considering the time value of money and the claimant's mortality. Conventionally, lump sum awards are determined by making reference to a spread of amounts in comparable cases. However, a fairer method would be one that involves input from not only lawyers but also other experts including economists and actuaries. This study, which is carried out by an inter-professional working group, provides a set of actuarially computed tables for use in personal injury settlements in Singapore. The calculations involve a consideration of recent advancements in stochastic mortality modeling and an empirical study on the econometrics of real returns on risk-free assets in Singapore. We then present two recent personal injury cases in Singapore, aiming at helping the Singapore legal profession understand and use the economic principles with actuarial tables, and educating economists and actuaries the legal concerns and concepts in personal injury cases. © 2010 World Scientific Publishing Company.postprin

The significance of actuarial evidence and mortality statistics in personal injury litigations

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A Plea for Certainty: Legal and Practical Problems in the Presentation of Non-Negotiable Bills of Lading

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Developing active learning of skills in professional legal education in Hong Kong: from theory to ethnography

In Hong Kong, the Postgraduate Certificate in Laws is the normal prerequisite for practice. Following a comprehensive review in 2001, the programme was redesigned to emphasize problem-oriented learning and skills-based training. This discussion explains the principal features of the current curriculum and how it has worked out in practice. It calls for a systematic collection and study of feedback on the current programme, and announces a plan for that purpose.published_or_final_versio

The University of Hong Kong's New PCLL

A recent review of legal education criticised Hong Kong's professional legal education programme (the PCLL). The review said that the PCLL was not doing a good enough job in preparing students for legal practice. This article responds to the review by outlining proposals for a new PCLL. The proposals are based on the premise that professional legal education needs to develop students' ability to learn new skills after graduation. This is a complicated, but crucial, educational goal that is more easily understood with the help of concepts such as problem solving and transfer of learning. The paper argues that if the PCLL is designed to enable students to transfer problem solving skills from one legal context to another then students will more easily be able to transfer what they have learned in the programme to new problems in legal practice. To achieve this goal, however, requires painstaking effort in using several interdependent, curriculum-design features that other programmes around the world have used successfully.published_or_final_versio

Actuarial assessment of damages in personal injury litigation in Hong Kong: Chan Pui Ki (an infant) v. Leung On

Case note: Actuarial assessment of damages in personal injury litigation in Hong Kong: Chan Pui Ki (an infant) v Leung On. When assessing future pecuniary loss in personal injury litigation, courts often use the multiplicand/multiplier approach. The objective is to calculate a lump sum amount to compensate the plaintiff for future loss of earnings and to cover a stream of future expenses.published_or_final_versio