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As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The report follows 8 months of national consultations. Through an online survey, individuals and organisations had the opportunity to provide comments on potential law reform topics and make their own suggestions about areas of law they believe are in need of reform. Over 400 people completed the survey. The ALRC has also been holding consultations with key stakeholders and conducting public seminars.
Explains the ways in which payments on termination of employment are calculated and taxed. It identifies the factors considered in cases of unfair or unlawful dismissal and reviews relevant company and tax law provisions, employees' rights and social security entitlements.
"This report represents the first stage of the Victorian Law Reform Commission's review of civil justice. The report identifies areas for future law reform and contains recommendations about reducing the cost and complexity of civil trials."--Provided by publisher.
Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.
This is the first practitioner's work on the new rule on Group Litigation Orders under Britain's Civil Procedure Rules. It provides exhaustive analysis of the new rule and relates it to the extensive experience that has been gained in the major multi-party actions of recent years.
A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.
Access to Justice