Felix Wai Hon Chan

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.

Legal Issues in Secure Grid Computing Environments

The Grid environment is rapidly emerging as the dominant paradigm for wide area distributed application systems. The world wide business demand for intense problem solving capabilities and grid computing makes it possible to share computing resources on an unprecedented scale among geographically distributed participants. In a grid environment virtual orgamsations are formulated and managed from a computing resource point of view. The grid provider allows for the dynamic discovery of computing resources, the immediate allocation and provision of the resources, the management and provision of secure access. Although the security problem in grid environment is being addressed from the technological point of view, there is no work to identify the myriad legal issues that are arising in grid business transactions.

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.

Assessing Personal Injury Liabilities in China from National to Provincial Level: An International Comparative Analysis

Abstract In a tort-based legal system, when a party is injured as a consequence of another party’s negligence, the party should be provided with sufficient compensation so that he or she may live as fulfilling a life as possible after the injury. The moral objective underlying this supposition is intuitively appealing. It is not surprising, therefore, that this jurisprudential notion is favourably regarded and widely applied in various common law and civilian jurisdictions, despite differences in tradition and culture. Nonetheless, although the two bodies of law share a similar objective in this respect, there are a number of differences in the substantive content of the law and the configuration of the rules. The present authors argue, and provide empirical evidence to support, that there are signs of convergence as both legal systems are in fact applying the same multiplicand-multiplier approach in assessing the quantum of damages. Case studies in mainland China (concerning civil law) and in the United Kingdom and Hong Kong (regarding common law) are adopted as the research methodology to explore the broader implications of this convergence.

Anti‐Suit Injunctions and the Doctrine of Comity

Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surrounding the jurisdiction clause contained in the bills of lading, the Court of Appeal construed the jurisdiction clause as ‘exclusive’ in the context of a ‘contractual background’, and affirmed the continuation of the anti‐suit injunction granted by the Commercial Court. It is argued that the approach of applying the common law principles of contractual interpretation to a bill of lading is questionable. The approach used to apply English private international law is problematic in a number of ways. There are legitimate reasons for concern that the doctrine of comity in English private international law may become undermined as a result.