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Written by leading practitioners with considerable experience in UK tribunals, this work provides an authoritative examination of the general principles that apply to all UK regulatory and disciplinary tribunals, including coverage of the basis of the tribunal's authority and extent of its jurisdiction, natural justice, human rights, grounds for disciplinary action, investigations, decision to prosecute, hearings, evidence, appeals, and enforcement. Guidance on the practical application of the general principles is provided, looking at such issues as the retrospective effect of rule changes, malicious falsehood, data protection and freedom of information, whistleblowing, and guidance on defending a claim or how to avoid or defuse a claim. The disciplinary arrangements of the most prominent regulators are described in outline in a separate section. This fifth edition includes: a new chapter on Legal Services Regulation . significant new case-law, including the House of Lords' decision in Re B (Children) concerning the standard of proof in civil proceedings . developments in health care regulation as more small regulatory bodies come under the Health Professions Council . developments in financial services "risk based" regulation . new disciplinary schemes, e.g. Accountants' Joint Disciplinary Scheme, Bar Standards Board rules, and Solicitors disciplinary proceedings rules . the UK's Local Government and Involvement in Public Health Act 2007 and its impact on the Data Protection Act.
Long-established as the leading work in this area, this title has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation. Written by a team of specialist authors who have extensive experience in this area, thereby ensuring that every area is covered in depth. The book addresses all the major regulatory fields of expertise, and provides expert analysis on the full range of issues that may arise in the course of disciplinary proceedings.Part 1: GeneralPart 2: The Disciplinary Process Part 3: Specific Regulatory RegimesPart 4: Data Protection and Freedom of Information
With the increasing number of complaints and court cases relating to healthcare disputes, healthcare practitioners (HCPs) are now facing more challenges and dilemmas in their daily practices. This book is unique in that most chapters are written jointly by two authors: one with legal training and one with a healthcare background. The balanced view offered thus allows readers to gain a thorough understanding of the concepts presented. Although most of the examples and scenarios are specific to medical doctors, the basic principles and ethical considerations as well as the enforcement of laws and regulations are, with some modifications, equally applicable to other HCPs, such as dentists, nurses, midwives, etc. Readers interested in healthcare law and ethics from numerous fields and stages of training, including legal and healthcare practitioners, trainees, postgraduate researchers and undergraduate students, will find this book both informative and practical as an aid to their work and studies.
The Hong Kong Bill of Rights Ordinance came into force in June 1991, ushering in an important new stage of development in the Hong Kong legal system. This series contains all the judgements in which Bill of Rights issues are decided, and is thus an invalu
Medical Negligence in Hong Kong and How to Avoid It provides essential information concerning the potential legal liabilities that medical professionals face when they treat patients. An easy-to-read reference, this book discusses landmark medical negligence case and analyzes medical malpractice specifically in the context of practicing medicine. It is divided into two parts. Part I sets the stage by giving an account of the development of negligence law in common-law jurisdictions including Hong Kong and ends with a discussion of selected medical negligence cases decided in Hong Kong courts. Part II sets out the practical issues relating to negligence law, including risk management, procedures to manage complaints and lawsuits, and alternative dispute resolution. “Written by an experienced frontline medical practitioner with a degree in law, this book provides an accessible and comprehensive overview of the procedures related to medicolegal cases in the Hong Kong SAR and includes a detailed and insightful discussion on some of the landmark Hong Kong court cases arising from accusations of medical negligence. The book is a valuable resource for healthcare professionals practicing in the SAR. I am glad to recommend it to all readers with an interest in medicine and law.” —Dr. Ko Wing Man, GBS, JP, Former Secretary for Food and Health, Hong Kong SAR “Medical negligence disputes could be resolved not only by litigation but also by other means such as mediation. There are interesting chapters in Dr. Cheong Peng Meng’s book, including one on resolving medical disputes by ADR processes. Medical practitioners and mediators will find this book helpful and invigorating.” —Ting-kwok Iu, MH, solicitor and mediator; adjunct professor, School of Law, City University of Hong Kong “The author should be praised for his efforts to collect ample local data to illustrate his viewpoints, including court cases, Medical Council cases, and alternative dispute resolutions figures. Written in a concise manner, this book offers discussions and analyses of an extensive range of the topics that can be reviewed within a short period of time.” —Dr. Danny Lee, Council Member, the Medical Council of Hong Kong
With the Stock Exchange of Hong Kong’s Listing Rules being subject to constant review and revision, the author offers important updates on amendments and fresh regulations introduced since the first edition. Beginning with the basics – What is a public company? What is a stock exchange? Hong Kong Listed Companies: Law & Practice 2nd Edition works its way methodically through the SEHK’s many provisions for regulation and compliance. It is a volume of depth and substance which sets the standard for financial industry reference books. Key Benefits For participants and stakeholders engaged in stock market activities, this second edition of Hong Kong Listed Companies: Law & Practice 2nd Edition is an essential companion, providing the ultimate guide with regard to the Stock Exchange of Hong Kong’s (SEHK) exhaustive regulatory regime. Easy to follow, with information presented in logical order and plain language, this publication, expertly updated by experienced corporate finance lawyer Julia Charlton serves as an invaluable guide for seasoned practitioners, in-house counsel, chartered governance professional, accountants, other practitioners and students who require an understanding of the legal background and practical application of the rules and legislation that apply to listed companies. Other benefits included but not limited to: - Reduces time wastage and increases productivity by serving as a step-by-step guide to the understanding of the Listing Rules, the Securities and Futures Ordinance and the Companies Ordinance - Provides concise commentary on the law to aid readers in determining the best approach to adopt in line with their business needs - Case studies, diagrams, flow charts ease the company secretary’s day-to-day workflow, by illustrating the rules and giving examples of their application. Key Features The new 2nd Edition delivers more than 400 pages of new, and up-to-date commentary in relation to the Hong Kong Listing Rules: - These include but not limited to extensive changes to the sponsor regulatory regime introduced in 2013 and the major listing reforms in 2018 which added three new chapters (Chapter 8A, 18C and 19A) to the listing rules aimed at attracting the listing of Pre-revenue Biotech and Innovative Companies, including those with Weighted Voting Rights (WVR) structures and providing a new secondary listing route for companies primary listed on certain Qualifying Exchanges. - More recent listing reforms in 2021 – covering the listing regime for overseas issuers, Special Purpose Acquisition Companies (SPAC), the SEHK’s new Corporate Governance Code and the new requirements in relation to Environmental, Social and Governance (ESG) – are also highlighted. - How to handle ongoing obligations on listed companies under the Listing Rules. - Ongoing obligations on listed companies and their shareholders under other legislation, primarily the Securities and Futures Ordinance Cap. 671 (such as market misconduct, insider dealing, disclosure of interests).