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Introduction
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Publications
Publications (50)
Anwar Al-Awlaki, the high-profile proponent of violent jihad, is reported to have taken on a leadership role in Al-Qaeda in the Arabian Peninsula (AQAP), a US-designated terrorist organization that has committed a chain of terrorist attacks against predominantly US and Yemen targets. After evidence of Al-Awlaki’s involvement in personally instructi...
This article evaluates the role of the UN General Assembly (‘UNGA’) and its subsidiary organs in acting as a catalyst for action at the International Criminal Court (‘ICC’). The power of the UN Security Council (‘UNSC’) to make a referral to the ICC has been increasingly challenged in recent years, due to the perceived misuse of the veto by permane...
The practice and use of the term ‘strategic litigation’ has gained tremendous popularity, but remains surprisingly under defined. It is often used interchangeably with terms such as ‘public interest litigation’, ‘cause lawyering’, ‘impact litigation’, or ‘test-case litigation’. This rich terminological forest, while fascinating as a taxonomy of the...
The past decade has seen increased scholarly attention on the practice and latent potential of the United Nations General Assembly ('Assembly') to secure accountability for atrocity crimes. This increased focus has arisen primarily due to growing frustration over permanent member deadlock in the Security Council in the face of documented atrocity c...
While artificial intelligence (AI) holds enormous promise, many experts in the field are warning that there is a non-trivial chance that the development of AI poses an existential threat to humanity. Existing regulatory initiatives do not address this threat, but instead merely focus on discrete AI-related risks such as consumer safety, cybersecuri...
Strategic litigation, a form of litigation brought with the goal to stimulate structural change, is a growing practice in international courts. Although there has been increased scholarly attention on these trends, it has yet to consider the impact arising from strategic litigation before the International Court of Justice (ICJ). This article outli...
Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide ra...
Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide ra...
The continued use of Wednesbury unreasonableness in the substantive review of administrative discretion has received considerable scholarly attention throughout the common law world. Recent local developments in proportionality review bring this debate to the fore in Hong Kong. It has been argued that the Court of Final Appeal’s articulation of a s...
After 156 years of British rule Hong Kong was returned to the People’s Republic of China on 1 July 1997 under a unique constitutional settlement of ‘One Country, Two Systems’. Under this model, the essential features of governance under colonial rule would be retained with modifications to suit the new realities. An important feature that was retai...
Trafficking in persons is a common occurrence in armed conflict for a variety of purposes, including for profit. It is apparent that the laws of IHL and ICL prohibit and criminalise, in various guises, the exploitative practices that form part of the international definition of trafficking in persons. Such practices – which correlate to the ‘means’...
This chapter considers the scope of dualism, in the context of administrative law, in the English legal system and common law world. It notes that there is no unitary account of the dualist principle in the common law; this too represents a spectrum of possibilities, from autochthonous leanings (Sri Lanka and Singapore) to legal cosmopolitanism (So...
The courts in Hong Kong have, for a long time, pointed to the territory’s ‘unique’ circumstances to justify the need for strict immigration control and deferential judicial review. In turn, the courts have denied the application of constitutional rights to immigration decisions, confining its review to the classic grounds of judicial review, and ev...
The Hong Kong Basic Law Handbook is the leading authority on judicial consideration of the Hong Kong Basic Law. Thoroughly revised for its second edition, the Handbook canvasses new developments in Hong Kong’s constitutional law including the addition of a fourth step in the proportionality test, the recognition of an overseas same-sex marriage for...
Over the past 20 years there have been a number of interesting points of interaction between public international law and the Basic Law. These have included the use of international norms in the interpretation of Basic Law provisions, the relevance of British treaty ratifications to the scope of domestic constitutional guarantees in Hong Kong, the...
This article considers the constitutional nature of socio-economic rights under the Hong Kong Basic Law, principally through the lens of article 39 which mandates the implementation of the International Covenant on Social, Economic and Cultural Rights into domestic law. So far, the Hong Kong courts have been reluctant to give domestic effect to gua...
Russia’s veto in the Security Council of a proposed ad hoc tribunal for the Malaysia Airlines Flight MH17 disaster prompts consideration of alternative mechanisms to bring the offenders to justice. It is arguable that the General Assembly, drawing upon the text of the UN Charter and the Uniting for Peace mechanism, possesses the constitutional powe...
The scope and effect of the Head of State immunity doctrine before the International Criminal Court has prompted much discussion following the 2011 decision of the first Pre-Trial Chamber concerning the immunity of serving Sudanese President, Omar Al Bashir. The PTC I held that, as a matter of customary international law, there existed an exception...
The history of legal education in Hong Kong is a history of reform. The various inflection points along its story—the establishment of each of the three law schools, the development of the Postgraduate Certificate in Laws (PCLL) and its role in the legal profession, the Redmond–Roper Report and its aftermath—all demonstrate an effort to develop a l...
This article explores the legality of British air strikes in Syria from the perspective of the European Convention on Human Rights. It addresses the extraterritorial effects of the ECHR in light of recent Strasbourg and English jurisprudence, the relationship between international humanitarian law and European human rights law, and the scope for th...
This book traverses each Article of the Basic Law with annotations and commentary, distilling the essence of judicial and legal authority in an accessible format. It enables the reader to form an advanced, nuanced understanding of the Basic Law’s provisions whilst offering a focal point for undertaking Basic Law-related research.
The Hong Kong Bas...
Despite its outward appearance as a model of global economic success, Hong Kong is noted for its wide-ranging social problems. Law schools inevitably play a critical role in producing socially responsible and public interest-oriented lawyers, who are essential to the delivery of justice and the protection of human rights. In Hong Kong there is a gr...
This article will examine the extent to which the International Covenant on Economic, Social and Cultural Rights (ICESCR) should play a role in the adjudication of public law disputes in Hong Kong. It will consider possible usages of the ICESCR as a source of constitutional rights, as an aid to constitutional and statutory interpretation, and its p...
Under Article 58(1) of the Rome Statute of the International Criminal Court (ICC), should the prosecutor present information
that meets, inter alia, the evidentiary threshold of ‘reasonable grounds to believe’ that the person has committed a crime within the jurisdiction
of the ICC, as well as the other conditions set out in Article 58, the Pre-Tri...
This article explores ways in which mooting can provide high school students with insight into life as a law student. In gaining high school students’ insights on their early exposure to a legal research skills environment involving oral argumentation exercises, the authors argue that law schools can incorporate experiential learning pedagogies int...
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept...
In 1976 the UK ratified the ICCPR with a reservation that prevented individuals without the right to ‘enter and remain’ in the UK from invoking Article 12(4) and ‘other provisions’ of the covenant. Upon Hong Kong's reunification with China, the ICCPR ‘as applied to Hong Kong’ in accordance with the UK's ratification was constitutionally guaranteed....
Using a socio-economic rights framework, this article evaluates government policy relating to the treatment of refugees in
Hong Kong. While there has been much scholarly and judicial consideration of the high standards of procedural fairness that
Hong Kong must meet in screening refugee claims, there has been less attention paid to the socio-econom...
In 2001 the Redmond–Roper Report on Legal Education and Training in Hong Kong outlined major concerns relating to the quality of legal education in Hong Kong, particularly with respect to the overemphasis on black-letter law, teaching methodology that engendered passive learning and a general deficiency in equipping graduates with the legal skills...
The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment....
The Hong Kong government has a policy that prohibits refugees from working unless they are able to demonstrate 'exceptional circumstances'. The government has applied this policy strictly on the grounds of Hong Kong's 'unique circumstances' and the danger of enticing large numbers of 'illegal immigrants' to the territory. So far only a single refug...
Hong Kong provides an interesting case study on the increasingly dynamic interaction between international law and domestic public law regimes. In a trilogy of cases, the Hong Kong courts have examined the domestic application of the international law of non-refoulement. These decisions addressed the potential influence of international law on cons...
The US practice of targeted killings provokes difficult questions concerning the appropriate legal framework and the standards that govern such strikes. This article will argue that, in certain cases, it is necessary to examine the legality of targeted killings under international human rights law (IHRL). An explicit IHRL justification for targeted...
Hong Kong has recently enacted legislation to provide a framework for the screening of claims for non-refoulement protection under the Convention Against Torture. As the only jurisdiction to administer a screening mechanism solely focused on non-refoulement claims on the ground of torture, Hong Kong’s new statutory scheme commands attention. It is...
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group’s common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić . Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the lega...
The Redmond-Roper Report on Legal Education and Training in Hong Kong, published in 2001, identified problems with the quality of legal education in Hong Kong. Chief amongst those was a shortage of law graduates with the legal skills, sensitivity and ethical understanding necessary to address the diverse legal needs of the local community.In a blue...
Pursuant to Regulation 1/2003 the European Commission has extensive powers to enforce and regulate competition law within the European Community. This paper examines whether the 'Dawn Raid' procedure, as embodied in the Regulation, is consistent with two rights protected by the European Convention on Human Rights and Fundamental Freedoms: the privi...
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group’s common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić . Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the lega...
Hong Kong Basic Law Annotations and Commentary is the landmark first publication to include direct annotations of the Basic Law’s full text.
This authoritative work is the essential reference source for all concerned with Hong Kong’s constitutional order created under the Basic Law.
In the 13 years since the passing of sovereignty, a large body o...
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyze the major issues surrounding the legal reforms from theoretical and comparative perspectives.C...
Hong Kong Administrative Law provides the most comprehensive and up to date commentary on this increasingly important area of law in Hong Kong. This book takes account of Hong Kong’s new constitutional and administrative order since 1997. Focus is placed on areas of considerable development in the field of administrative law, including human rights...
