Spring 2005 - Faculty of Law, The University of Hong Kong
Spring 2005 - Faculty of Law, The University of Hong Kong
Spring 2005 - Faculty of Law, The University of Hong Kong
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DEAN’S MESSAGE<br />
<strong>The</strong>re are considerable press reports<br />
recently suggesting that we opposed<br />
the establishment <strong>of</strong> a third law school.<br />
This is not quite accurate. Our basic<br />
position is that we do welcome healthy<br />
competition. Our concerns are tw<strong>of</strong>old.<br />
First, this is a decision <strong>of</strong> major<br />
importance to <strong>Hong</strong> <strong>Kong</strong>. <strong>The</strong>re is very<br />
little public discussion on whether there<br />
should be three law schools in <strong>Hong</strong><br />
<strong>Kong</strong>. This is not a private initiative but a<br />
proposal involving a huge amount <strong>of</strong><br />
public funding. <strong>The</strong> public is at least<br />
entitled to know and to debate on the<br />
justifications and the need for setting up<br />
a third law school, and whether this is<br />
the best way to use public funding to<br />
achieve whatever might be the<br />
purposes identified for setting up a third<br />
law school. Secondly, if there is a need<br />
for more law students (and indeed we<br />
believe so), then more resources should<br />
be allocated to this cause. Compared<br />
with the situation 5 years ago, there is<br />
no net increase in the number <strong>of</strong> law<br />
students produced, yet they are to be<br />
produced by 3 different law schools<br />
under the proposal.<br />
Another recent debate is on mixed<br />
mode funding <strong>of</strong> our PCLL. So far,<br />
we have been averaging out the<br />
costs <strong>of</strong> UGC funded places and<br />
self-funded places in our PCLL<br />
programme and manage to<br />
charge an annual<br />
tuition fee <strong>of</strong> $55,000.<br />
But this will terminate<br />
at the end <strong>of</strong> the<br />
urrent academic year.<br />
Last year the UGC<br />
decided that, as a<br />
matter <strong>of</strong> policy, mixed<br />
mode funding would<br />
no longer be allowed<br />
as it involved cross<br />
subsidy for self-funded<br />
programme. As a<br />
result, from <strong>2005</strong>-06<br />
onwards, we have to<br />
charge two separate fees, one at<br />
$42,100, the UGC-funded level, and<br />
another at $95,000, the self-funded<br />
level, when students <strong>of</strong> these two<br />
streams attend the same class, are<br />
taught by the same teacher, and take<br />
the same examination. Coupled with a<br />
reduction in UGC-funded PCLL places,<br />
the likely result is that some good<br />
students would not be able to complete<br />
their legal qualification because <strong>of</strong><br />
financial reason.<br />
We argued for the continuation <strong>of</strong><br />
the mixed mode funding policy, as it<br />
would enable us to educate more<br />
qualified students without costing<br />
more for the Government. <strong>The</strong><br />
UGC should be concerned with<br />
the quality rather than the<br />
number. <strong>The</strong> UGC simply repeated its<br />
stance <strong>of</strong> not permitting cross subsidy.<br />
But what’s wrong with cross subsidy if<br />
the same amount <strong>of</strong> public funding can<br />
benefit more people and the quality is<br />
maintained? With a declining budget for<br />
the universities, how could we produce<br />
enough graduates to meet the<br />
challenges <strong>of</strong> moving towards a<br />
knowledge economy if the <strong>University</strong> is<br />
not allowed to use public funding in an<br />
innovative and flexible manner? In 1999<br />
the Government adopted a rigid stance<br />
against Mainland born children to have<br />
the right <strong>of</strong> abode in <strong>Hong</strong> <strong>Kong</strong>, on the<br />
ground that the community could not<br />
afford it. Five years later the Chief<br />
Secretary is urging <strong>Hong</strong> <strong>Kong</strong> people<br />
to give birth to more children. Are we<br />
going to repeat the same story in tertiary<br />
education? <strong>The</strong> UGC owes the public a<br />
satisfactory answer.<br />
Pr<strong>of</strong>essor Johannes Chan, SC<br />
February <strong>2005</strong><br />
FACULTY CONTACT<br />
<strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>,<br />
<strong>The</strong> <strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong><br />
4/F, K K Leung Building,<br />
Pokfulam Road, <strong>Hong</strong> <strong>Kong</strong><br />
Tel : (825) 2859 2951<br />
Editors<br />
Richard Wu Associate Dean<br />
E-mail: richwswu@hku.hk<br />
Youn Ling Public Relations Officer<br />
E-mail: yling@hku.hk<br />
Carol Chen <strong>Faculty</strong> Development Officer<br />
E-mail: csychen@hku.hk<br />
Fax: (852) 2559 3543<br />
We hope you will find this newsletter interesting and informative. We welcome<br />
Website: www.hku.hk/law<br />
your comments and suggestions on further ways to improve the content and<br />
format <strong>of</strong> the newsletter.<br />
Article submissions are most welcome. Please send in by fax or e-mail.<br />
24<br />
1
35TH ANNIVERSARY EVENTS<br />
Cover photo: Members <strong>of</strong> Class 1973<br />
reunited with their former teachers at the<br />
anniversary dinner.<br />
35th Anniversary Events 2-8<br />
• Homecoming<br />
• Reunion Dinner<br />
• Coming Highlight<br />
Special Feature 9-11<br />
• Anna Wu on the Role <strong>of</strong> <strong>Law</strong><br />
<strong>Faculty</strong> News 11-19<br />
• <strong>University</strong> Teaching Fellowship Awards<br />
2003-04<br />
• Introducing the new Part-time PCLL<br />
• New Faces<br />
• Public Lectures, Conferences and<br />
Events held<br />
• A new Lecture Series for the<br />
pr<strong>of</strong>ession and the public<br />
• A New Project — Community Legal<br />
Information Centre (CLIC) Website<br />
• Upcoming Events<br />
Alumni Column 20 -23<br />
• News from <strong>The</strong> HKU <strong>Law</strong> Alumni<br />
Association<br />
• Janet Hui: “One country, two homes –<br />
life and career <strong>of</strong> a <strong>Hong</strong> <strong>Kong</strong> lawyer<br />
in Beijing”<br />
• Alice Choy: “In Memory <strong>of</strong> Annabella<br />
Wong”<br />
Dean’s message 24<br />
A note from the President <strong>of</strong><br />
the HKU <strong>Law</strong> Alumni Association,<br />
Kenneth Kwok SC<br />
(LLB 1972 PCLL 1973)<br />
<strong>The</strong> <strong>Law</strong> Alumni Association helped the <strong>Faculty</strong> in hosting the<br />
Homecoming on 6 November 2004. <strong>The</strong> kids loved the magician, the<br />
little pig and the 35th anniversary t-shirt designed by a second year law<br />
student. <strong>The</strong> t-shirt, for alumni and kids, comes in 3 colours.<br />
<strong>The</strong> <strong>Law</strong> Association, HKUSU, worked closely with the <strong>Faculty</strong> and<br />
us on the Homecoming, the Re-union Dinner held on 4 December<br />
2004 and the 35th anniversary publication, “Building for<br />
Tomorrow on Yesterday’s Strength”.<br />
<strong>The</strong> Vice-Chancellor commended that the Reunion Dinner “was<br />
indeed a memorable and meaningful event, with members <strong>of</strong> the<br />
<strong>Faculty</strong> <strong>of</strong> <strong>Law</strong> family spanning over three decades coming together in<br />
the spirit <strong>of</strong> reunion”. Mr. Peter Rhodes (Dean, 1987-1993) told us that<br />
4 December was “a most enjoyable evening and a great pleasure to<br />
meet many <strong>of</strong> [his] former students and colleagues”. Pr<strong>of</strong>essor<br />
Johannes Chan, SC, Dean, had received many compliments from<br />
alumni and friends and he thought that credit should go to the team<br />
which had worked so hard to make the re-union a success. Pr<strong>of</strong>essor<br />
Michael Wilkinson, however, complained. He could not sleep that night<br />
because <strong>of</strong> over-excitement.<br />
Peter enjoyed reading “Building for Tomorrow on Yesterday’s<br />
Strength” and “found it to be well organized, well presented and<br />
informative [and] brought back many happy memories <strong>of</strong> [his] time at<br />
the <strong>Law</strong> <strong>Faculty</strong>”.<br />
<strong>The</strong> publication looked “excellent and a valuable contribution to<br />
the history <strong>of</strong> the faculty” to Pr<strong>of</strong>essor Peter Wesley-Smith (Dean 1993-<br />
1996).<br />
Please go to http://www.hku.hk:8400/law/upload/images/ll_<br />
press_eng2.doc to read more about the publication. Better still, fill in<br />
the enclosed order form or buy it at the <strong>Faculty</strong> Office or the <strong>University</strong><br />
Book Store at HKU.<br />
Home is where the heart lies<br />
Richard Wu<br />
Convenor <strong>of</strong> the Homecoming Sub-Committee<br />
When the <strong>Law</strong> <strong>Faculty</strong> celebrated its 30th Anniversary in<br />
1999, it hosted the first Homecoming for its alumni and<br />
friends. It was such a great success that the <strong>Law</strong> <strong>Faculty</strong><br />
and <strong>Law</strong> Alumni Association decided to host another<br />
Homecoming when they started to plan for the 35th<br />
anniversary celebration programmes.<br />
Talk Show by (from left)<br />
Mr. Mohan Bharwaney<br />
(LLB 1976),<br />
Mr. <strong>Law</strong>rence Lok SC<br />
(LLB 1977) and<br />
Mr. Kumar Ramanathan<br />
(LLB 1976).<br />
Pr<strong>of</strong>essor Johannes<br />
Chan SC, Dean <strong>of</strong><br />
the <strong>Faculty</strong> (first<br />
from left), greeted<br />
homecoming alumni<br />
<strong>of</strong> the ’70s.<br />
On 6th November 2004, the Homecoming was held in<br />
Rayson Huang <strong>The</strong>atre to mark the beginning <strong>of</strong> the 35th<br />
Anniversary celebrations <strong>of</strong> the <strong>Law</strong> <strong>Faculty</strong>. Over 150 alumni and<br />
friends <strong>of</strong> the faculty attended the event. Many alumni brought<br />
their young children to their alma mater for the first time and<br />
the Homecoming became a reunion <strong>of</strong> different generations <strong>of</strong> a<br />
big family.<br />
Highlights <strong>of</strong> the event include performances by current<br />
students and alumni from different generations: a piano duet<br />
by Mr. Edmund Cham and<br />
Mr. Peter Fan (alumni from<br />
the 90s), a magic show by<br />
Mr. Vincent Chen (a current law<br />
student), a muppet show by<br />
Mr. Justice Louis Tong, Mr.<br />
Justice Johnson Lam and His<br />
Honour Judge Barnabas Fung<br />
(alumni from the 80s) and a talk<br />
show by Mr. <strong>Law</strong>rence Lok SC,<br />
Mr. Mohan Bharwaney and Mr. Mr. Justice Ge<strong>of</strong>frey Ma, Chief Judge <strong>of</strong><br />
Kumar Ramanathan (alumni High Court, was invited to take part in the<br />
magic show performed by Vincent Chen.<br />
from the 70s). Masters <strong>of</strong><br />
Ceremony for the event were<br />
Ms. Susan Johnson (LLB 1975) and Mr. William Wong (a current<br />
law student).<br />
<strong>The</strong> performances were followed by an inspiring speech given<br />
by the Honourable Mr. Justice Patrick Chan, an alumnus <strong>of</strong> our<br />
faculty and now a Permanent Judge <strong>of</strong> the Court <strong>of</strong> Final Appeal.<br />
Mr. Moses Cheng, another alumnus from the 70s, then led the<br />
current <strong>Law</strong> Association Exco members and the audience in<br />
singing the <strong>Law</strong> Anthem, which aptly concluded the afternoon’s<br />
programme.<br />
Home is where the heart lies.<br />
To those alumni (and also their<br />
children) who attended the<br />
Homecoming, we hope that it will<br />
be a heart warming experience<br />
that they would remember for<br />
years to come.<br />
Speech by Mr. Justice Chan, PJ.<br />
Mr. Moses Cheng<br />
(LLB 1972) (centre)<br />
led the law students<br />
and the audience in<br />
singing the <strong>Law</strong><br />
Anthem.<br />
Members <strong>of</strong> the Homecoming Sub-Committee<br />
Ms. Denise Chan (LLB 1990)<br />
<strong>The</strong> Hon Mr. Justice Chan, PJ (LLB 1974)<br />
Mr. Augusto da Roza (LLB 1973)<br />
Ms. Yeda <strong>Hong</strong> (LLB 1999)<br />
Mr. Kenneth Kwok SC (LLB 1972)<br />
Ms. Rebecca Lee (LLB 2001)<br />
Ms. Jacklyn Ng (LLB 1981)<br />
Ms. Youn Ling (LLB 1997, Public Relations Officer)<br />
A muppet mock trial (<br />
15 children <strong>of</strong> the alumni.<br />
) staged by alumni from the ’80s and<br />
2 3
35TH ANNIVERSARY EVENTS<br />
Reunion Dinner LOKE YEW HALL, 4 DECEMBER 2004<br />
(From left) Lucille Au,<br />
Alice Tai, Mr. Justice<br />
Suffiad, Andrew Liao SC,<br />
Mabel Lee and Philip Lee<br />
at the pre-dinner cocktail.<br />
Moses Cheng (LLB 1972)<br />
conducting the <strong>Law</strong> Anthem as<br />
the finale <strong>of</strong> the evening’s<br />
programme.<br />
Linus Cheung (left)<br />
and Pr<strong>of</strong>essor K M<br />
Cheng were two <strong>of</strong> the<br />
honourable guests <strong>of</strong><br />
the <strong>Faculty</strong> at the<br />
Dinner.<br />
Also having an exchange over drinks at the cocktail were: (from left)<br />
Pr<strong>of</strong>essor Johannes Chan SC, Henry Fan, Treasurer <strong>of</strong> the <strong>University</strong>,<br />
Pr<strong>of</strong>essor Michael Wilkinson and Alan Leong SC.<br />
<strong>The</strong> evening’s programme was very much<br />
livened up by the excellent performance<br />
<strong>of</strong> the four Masters <strong>of</strong> Ceremony: Lo Mun Yi<br />
(PCLL 2002) and Cheung Wing Leung<br />
(LLB 1990) (below), Mimmie Chan (LLB<br />
1980) and Wesley Wong (LLB 1992) (left).<br />
<strong>The</strong> excited pair, Robert Allcock and Cordelia Chung (LLB 1982),<br />
won in the game “Who claims to be a <strong>Faculty</strong> Expert”. <strong>The</strong> other<br />
contestants: (from left) Lester Huang (LLB 1982), Angela Ho (LLB<br />
1984), Kenneth Sit (LLB 1980) and Susan Johnson (LLB 1975) lost<br />
only by a narrow margin.<br />
Members <strong>of</strong> the Reunion Dinner Sub-Committee:<br />
Mr. Joseph Tse (LLB 1982) (Convenor)<br />
Ms. Bonnie Chan (LLB 1989)<br />
Ms. Denise Chan (LLB 1990)<br />
(From left) Mrs. Rhodes,<br />
Peter Rhodes (former Dean <strong>of</strong><br />
the faculty), Dr. Felix Chan<br />
and Mr. Wilson Chow (both <strong>of</strong><br />
the <strong>Faculty</strong>) joined the others<br />
in singing the <strong>Law</strong> Anthem.<br />
Mr. Augusto da Roza (LLB 1973)<br />
Ms. Carmen Fung (LLB 2001)<br />
<strong>The</strong> Reunion Dinner Sub-Committee <strong>of</strong> the HKULAA took a<br />
picture with the Dean and the MCs <strong>of</strong> the evening after the dinner.<br />
Mr. Martin Hui (LLB 1994)<br />
Ms. Francoise Lam (LLB 1986)<br />
Ms. Carol Chen (LLB 1982, <strong>Faculty</strong> Development Officer)<br />
Ms. Jessica Chan (representative <strong>of</strong> <strong>Law</strong> Association, HKUSU)<br />
(above) Kenneth Kwok SC, President<br />
<strong>of</strong> the HKU <strong>Law</strong> Alumni Association<br />
which hosted the Reunion Dinner,<br />
(right) Pr<strong>of</strong>essor Lap-Chee Tsui,<br />
Vice-Chancellor <strong>of</strong> HKU and (below)<br />
Pr<strong>of</strong>essor Johannes Chan SC, Dean <strong>of</strong><br />
the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>, each gave a speech<br />
before the dinner.<br />
A moment <strong>of</strong> fun:<br />
guess who got the<br />
table prizes? (From<br />
left) Joseph Tse,<br />
Margaret Ng and<br />
Robert Allcock.<br />
A HAPPY REUNION FOR US ALL<br />
(CLASS PHOTOS):<br />
<strong>The</strong> old teachers were happily flanked by their former students from Class<br />
1972 (the first batch <strong>of</strong> law graduates). In the front row (from left) are Mrs.<br />
Evans, Mrs. Ribeiro, Pr<strong>of</strong>essor Evans, Mr. Justice Ribeiro PJ, Alan Smith,<br />
Bernard Downey and Pr<strong>of</strong>essor Rear.<br />
Another memorable line-up <strong>of</strong><br />
four L.A. Chairmen down the<br />
line: (from left) Alan Leong<br />
SC, Albert Yau, Erik Shum<br />
(both practicing as barrister)<br />
and Cherry Chan (now<br />
partner at Clifford Chance).<br />
A memorable line-up <strong>of</strong> four <strong>of</strong> the earliest Chairmen in the history<br />
<strong>of</strong> the <strong>Law</strong> Association (student body <strong>of</strong> the law students) (from<br />
left): Andrew Liao SC, Robert Lynn (now senior partner at JSM),<br />
Mr. Justice Suffiad and Mr. Justice Cheung, JA.<br />
Members <strong>of</strong> Class 1974.<br />
Members <strong>of</strong> Class 1975.<br />
Members <strong>of</strong> Class 1977 and some <strong>of</strong> their spouses.<br />
4<br />
5
35TH ANNIVERSARY EVENTS<br />
SOME MEMORABLE MOMENTS<br />
TO SHARE:<br />
Pr<strong>of</strong>essor Tsui and Pr<strong>of</strong>essor Chan<br />
(first and second from left in the<br />
back row) with Class 1986.<br />
A happy get-together for members <strong>of</strong> Class 1985.<br />
Madam Justice Yuen (LLB 1975)<br />
gave a warm greeting to her<br />
former teacher Bernard Downey.<br />
Members <strong>of</strong> Class 1980.<br />
<strong>The</strong> event was graced by the presence <strong>of</strong><br />
Christopher Cheng (first from left), Dr. Philip<br />
Wong and the Vice-Chancellor (second and first<br />
from right).<br />
Members <strong>of</strong> Class 1981<br />
with their former<br />
teacher, Robert Allcock.<br />
More than 20<br />
members <strong>of</strong> Class<br />
1982 attended the<br />
Reunion.<br />
Ms. Bernadette Tsui,<br />
Director <strong>of</strong> the<br />
DAAO, HKU, with<br />
Kenneth Kwok SC<br />
and Edward Chan SC<br />
(both graduates <strong>of</strong><br />
Class 1972).<br />
Graduates from different years gathered together: (from<br />
left) Audrey Eu SC (LLB 1975), Janice Kwan (LLB 1979),<br />
Alice Tai (LLB 1973), Anne Choi (LLB 1975), Lucy Yen,<br />
Amy Liu (both LLB 1972) and Yvonne Chua (LLB 1977).<br />
Members <strong>of</strong> Class 1987 and Class 1996.<br />
Margaret Ng was having a chat with<br />
Denis Chang SC (left) and Pr<strong>of</strong>essor<br />
Yash Ghai <strong>of</strong> the <strong>Faculty</strong> (right).<br />
Dr. Miron Mushkat and Pr<strong>of</strong>essor Roda<br />
Mushkat bidding farewell to Mrs. Rhodes.<br />
A group <strong>of</strong> Class 1983.<br />
About 40 members from<br />
their Class were present<br />
on this memorable<br />
occasion.<br />
Joseph Tse (third from right at the back row)<br />
with colleagues at Allen & Overy.<br />
Joseph Tse (third from right in the back row)<br />
with colleagues at Allen & Overy.<br />
<strong>The</strong> guests were having a relaxed<br />
and good time.<br />
(From left) Master de Souza, Daisy<br />
Tong, Amy Liu, Lucy Yen, Mok<br />
Yeuk Chi and Ronny Tong SC (all <strong>of</strong><br />
Class 1972).<br />
Members <strong>of</strong> Class 1984.<br />
Lucille Au (left) and Au Miu Po (right) both<br />
<strong>of</strong> Class 1973 with Pr<strong>of</strong>essor Evans.<br />
Taking one more picture with the founding and former teachers before<br />
leaving the Hall (from left): Pr<strong>of</strong>essor Rear, Janice Kwan, Bernard<br />
Downey, Pr<strong>of</strong>essor Evans, Katherine Lo (LLB 1979), Robert Allcock<br />
and Pr<strong>of</strong>essor Albert Chen <strong>of</strong> the <strong>Faculty</strong>.<br />
6<br />
7
35TH ANNIVERSARY EVENTS<br />
SPECIAL FEATURE<br />
About 300 alumni attended the Reunion Dinner held at Loke<br />
Yew Hall on 4 December 2004. A big “THANK YOU” must be<br />
extended to the <strong>Law</strong> Alumni Association and the Reunion<br />
Dinner Organizing Sub-Committee for their tireless efforts<br />
in making the occasion such a happy reunion for those who<br />
came. Yet such a good turnout would not have been possible<br />
without the help <strong>of</strong> some twenty “class representatives” <strong>of</strong><br />
the different LLB classes. To all <strong>of</strong> them the faculty is deeply<br />
gateful for their invaluable support. Here is an account by<br />
one <strong>of</strong> our dedicated “class representatives” <strong>of</strong> how she<br />
managed to persuade 38 <strong>of</strong> her old classmates to come to<br />
the Reunion Dinner.<br />
A happy reunion for Caroline (first from left in the back row) and her old<br />
classmates at the Dinner.<br />
It all began with the reading <strong>of</strong> the last issue <strong>of</strong> this Newsletter.<br />
Eva Lau <strong>of</strong> my class wrote an article about her days in the <strong>Law</strong><br />
School (as it then was) and beyond. Having read it, I have come to<br />
realize that I actually do not know much about my classmates,<br />
although I was considered a very active person in my class then.<br />
<strong>The</strong> notes I took at lectures were hot lending items, certainly not<br />
because <strong>of</strong> their quality (as for such a purpose the notes <strong>of</strong> Mabel<br />
Ng would be preferred) but because <strong>of</strong> my slavish attendance at all<br />
lectures, they being so enjoyable to me then. Quite a few persons<br />
who could not make it at the appointed time for such<br />
bestowments <strong>of</strong> intelligence by our dear lecturers would ask to<br />
make photocopies <strong>of</strong> my notes. In view <strong>of</strong> this and also in view <strong>of</strong><br />
the small size <strong>of</strong> the class then, I knew each <strong>of</strong> my classmates to<br />
different degrees.<br />
After having left the <strong>Law</strong> School for twenty years, I am still in<br />
constant contact with a good bunch <strong>of</strong> my friends. <strong>The</strong>re are also a<br />
few handfuls that I bumped into from time to time and had had a<br />
good chat on such occasions. To me, all these moments were<br />
cherishing and <strong>of</strong>ten endearing. If only they could be shared by all<br />
my other classmates. It was then that the thought <strong>of</strong> seizing this<br />
opportunity <strong>of</strong> having a reunion on the occasion <strong>of</strong> the dinner to<br />
celebrate the 35th Anniversary <strong>of</strong> the now <strong>Law</strong> <strong>Faculty</strong> came to<br />
me. I personally called each <strong>of</strong> the classmates that I could think <strong>of</strong><br />
and still had their contacts. <strong>The</strong> turnout was impressive.<br />
I might not have been able to catch up on all that had<br />
happened to my classmates during the dinner, but I have the<br />
feeling that we all had a good time. <strong>The</strong> smiles on our faces in the<br />
photographs tell me that we are almost ready for another reunion<br />
already. Wait to hear from me, dear friends. I hope I will be meeting<br />
more <strong>of</strong> you the next time.<br />
COMING HIGHLIGHT:<br />
International Conference on Pr<strong>of</strong>essional Ethics<br />
19 & 21 March <strong>2005</strong><br />
Pr<strong>of</strong>essional ethics has become a topical issue not only for the<br />
legal pr<strong>of</strong>ession but also the community in recent years. As part <strong>of</strong><br />
the 35th Anniversary celebration programmes, the <strong>Law</strong> <strong>Faculty</strong> will<br />
host an international conference on pr<strong>of</strong>essional ethics on HKU<br />
campus on 19 March <strong>2005</strong> (Saturday). <strong>The</strong> conference will bring<br />
together leading local and international pr<strong>of</strong>essionals and<br />
academics to discuss and share views on current issues in judicial<br />
and lawyers’ ethics in <strong>Hong</strong> <strong>Kong</strong> and other jurisdictions. Many<br />
distinguished speakers are invited to participate in the conference.<br />
<strong>The</strong> morning session <strong>of</strong> the conference will focus on the topic <strong>of</strong><br />
“Judicial Ethics” and the speakers will include <strong>The</strong> Honourable<br />
Sir Anthony Mason (Non-Permanent Judge <strong>of</strong> the Court <strong>of</strong><br />
Final Appeal) and <strong>The</strong> Honourable Mr. Justice Patrick Chan<br />
(Permanent Judge <strong>of</strong> the Court <strong>of</strong> Final Appeal). <strong>The</strong><br />
afternoon session will cover the topic <strong>of</strong> “<strong>Law</strong>yer Ethics” and the<br />
speakers will include Mr. Edward Chan SC (Past Chairman <strong>of</strong><br />
the Bar Association), Mr. Peter Lo (Vice President <strong>of</strong> <strong>Law</strong><br />
Society), and Pr<strong>of</strong>essor Adrian Evans from Monash<br />
<strong>University</strong>, Australia. After the conference, all speakers will<br />
assemble in Beijing the following day to attend a similar conference<br />
on pr<strong>of</strong>essional ethics co-organized by our faculty and Tsinghua<br />
Caroline Chow (LLB 1983)<br />
<strong>Law</strong> School to be held on 21 March. This represents another<br />
important collaboration between the two law schools in areas <strong>of</strong><br />
common interests and concerns.<br />
We welcome you to attend the conference held on campus on<br />
19 March. Please visit our faculty website for more information on<br />
the conference and registration details. We look forward to seeing<br />
you at the conference!<br />
Pr<strong>of</strong>essor Adrian Evans<br />
Mr. Edward Chan SC<br />
Mr. Peter Lo<br />
Anna Wu on<br />
<strong>The</strong> Role <strong>of</strong> <strong>Law</strong><br />
Anna Wu (LLB 1974, PCLL 1975), a graduate <strong>of</strong> our <strong>Faculty</strong>,<br />
is widely respected by both the legal pr<strong>of</strong>ession and the<br />
community at large. She is currently the Chairperson <strong>of</strong> the<br />
PCLL Academic Board <strong>of</strong> our <strong>Faculty</strong>, in which role she<br />
oversees the reform <strong>of</strong> our PCLL programme. In this article,<br />
Anna shares with us her interesting life journey from being a<br />
law student through careers in both the private and public<br />
sectors to her current position as the Adviser to the <strong>Law</strong><br />
School <strong>of</strong> Shantou <strong>University</strong>.<br />
<strong>The</strong> 35th anniversary night<br />
<strong>of</strong> the <strong>Law</strong> <strong>Faculty</strong> was truly<br />
a stellar and memorable<br />
occasion. Graduates and<br />
teachers gathered at Loke Yew<br />
Hall – the place that marked the<br />
beginning <strong>of</strong> higher learning in<br />
<strong>Hong</strong> <strong>Kong</strong>. <strong>The</strong> <strong>Law</strong> <strong>Faculty</strong><br />
first started in a two low twostorey<br />
buildings at the junction<br />
<strong>of</strong> Seymour Road and Caine<br />
Road, with stairs so narrow that<br />
only one person could get<br />
through at any one time, housed<br />
the students, the teaching and<br />
administrative staff and a small<br />
library. <strong>The</strong>re was a small<br />
common room for students.<br />
Generally the students gathered in the library, eating, chatting until<br />
we were shooed away by someone. <strong>The</strong>se buildings are now long<br />
gone and have been replaced by a park.<br />
<strong>The</strong> establishment <strong>of</strong> the <strong>Law</strong> Department in 1969 marked the<br />
beginning <strong>of</strong> locally educated and qualified lawyers. Beginning with<br />
the small close knit group <strong>of</strong> law students closeted away at Caine<br />
Road, came the lawyers, judges, legislators, heads <strong>of</strong> public<br />
bodies, government <strong>of</strong>ficials, leaders in business, education and<br />
the community. This was a remarkable feat and a significant move<br />
for <strong>Hong</strong> <strong>Kong</strong>. It was important for <strong>Hong</strong> <strong>Kong</strong> to have an<br />
institution to sustain the development <strong>of</strong> the pr<strong>of</strong>ession<br />
and to build a community <strong>of</strong> pr<strong>of</strong>essionals deeply rooted in<br />
<strong>Hong</strong> <strong>Kong</strong>.<br />
I wish to pay my heartfelt tributes to those who started it,<br />
Pr<strong>of</strong>essor Dafydd Evans, the first Dean, and those who were<br />
there with him, Mr. Bernard Downey and Pr<strong>of</strong>essor John Rear<br />
<strong>of</strong> the original teaching staff, as well as Mr. Peter Rhodes, a later<br />
Dean, who attended the dinner celebration. <strong>The</strong>n came the generation<br />
<strong>of</strong> teaching staff who themselves were graduates <strong>of</strong> the <strong>Law</strong> <strong>Faculty</strong>.<br />
This group <strong>of</strong> teachers is represented by Pr<strong>of</strong>essor Johannes Chan<br />
and Pr<strong>of</strong>essor Albert Chen. I give them three big cheers.<br />
I remember applying to the <strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> to study law<br />
over three decades ago. My public exam results were barely good<br />
enough for me to enter the <strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> but were not<br />
good enough for me to pick and choose any course I wanted. In<br />
the end it was two things that got me into law. <strong>The</strong> first was<br />
someone telling me that it was a new faculty and therefore easy to<br />
get into and the second was someone else saying that disliking the<br />
study <strong>of</strong> law was not a good reason for not applying as I would<br />
learn to like it in time.To make a long story short, I was accepted to<br />
study law. It subsequently transpired that the <strong>Faculty</strong> accepted<br />
only one out <strong>of</strong> every nine applicants and<br />
competition was keen. I did not have the faintest<br />
idea why I was picked. I was not motivated to<br />
study law because I had not understood what its<br />
significance was. This lack <strong>of</strong> interest was<br />
compounded by the fact that law was taught in<br />
compartments as tort, contract, evidence, taxation,<br />
public administration, constitutional law etc. Real<br />
life is not at all like that. Neither client nor<br />
judge would tell you what your reading list<br />
should be for the week or that you would be<br />
examined on one single compartment <strong>of</strong> law.<br />
I was acquiring knowledge and that process was<br />
tedious for me without looking at the less clear cut,<br />
more risky end <strong>of</strong> application.<br />
I muddled my way through and I graduated. <strong>The</strong><br />
highlights for me during my years at the <strong>University</strong><br />
were walking up to the Peak with my fellow<br />
classmates on crisp autumn days, going down to a side street in<br />
Western for a bowl <strong>of</strong> congee in the middle <strong>of</strong> the night, arguing<br />
with each other over just about anything, criticizing our teachers,<br />
watching someone doze <strong>of</strong>f, head bouncing and drooling in class<br />
and finally graduating and getting the alumni medal. I did enjoy the<br />
moot trials and the tutorials where my mind was allowed more<br />
freedom.<br />
Perhaps it was because that I did not actively choose to go into<br />
law that I was anxious to get out <strong>of</strong> it after my first degree. I wanted<br />
to experience the world and I applied for a UN job. What saved me<br />
was that the UN actually responded to me, saying that because I<br />
did not have a second degree or any working experience, it had no<br />
job for me. It was at that point that I decided to continue my legal<br />
studies and to complete my PCLL and training. I realized I would<br />
go nowhere if I did not finish it.<br />
It was during my time as a trainee in a solicitor’s firm that I became<br />
more interested in law. Thinking back it was really a scary<br />
experience. My client’s fortune and life were in my hands and it<br />
8<br />
9
SPECIAL FEATURE<br />
FACULTY NEWS<br />
was my responsibility to make sure that no disaster befell my client.<br />
One <strong>of</strong> the options that had always been in the cards was to have<br />
It was the realization that I must take responsibility for someone<br />
government take over the private member’s bill or to make a<br />
else that made me think clearer and try harder.<br />
counter <strong>of</strong>fer with its own draft legislation. Government did present<br />
its own draft legislation, which is why today we have anti-<br />
I had enough sense to know that I must ask the right questions,<br />
discrimination laws and the Equal Opportunities Commission.<br />
find out the facts, work out the legal issues, assess and evaluate<br />
the situation and determine the options. I learned along the way<br />
One lesson I learned from the exercise was that we must seize the<br />
how to use the law to solve a problem, resolve a conflict or create<br />
opportunity when it arises and run with it. <strong>The</strong>re was no guarantee<br />
a solution. I spent a lot <strong>of</strong> my time negotiating on behalf <strong>of</strong> clients,<br />
and no certainty <strong>of</strong> outcome about the process. This is the nature<br />
whether it was an out <strong>of</strong><br />
<strong>of</strong> public policy. It is dependent on people, circumstances and<br />
court settlement or a<br />
strategy and it is always very fluid. As it turned out, that window <strong>of</strong><br />
transaction that needed to<br />
initiating a private member’s bill in a public policy area without<br />
be put together.<br />
needing the consent <strong>of</strong> the executive branch closed in 1997.<br />
<strong>Law</strong> to me is the product<br />
<strong>of</strong> human frailties,<br />
fallibilities and friction.<br />
Eventually, I left my private practice completely. It was no longer<br />
satisfying to me. I felt that I was not learning or doing new things. I<br />
had done many transactions, advised many clients on infringement<br />
Presenting the Anna Wu Prize in Human Rights to an award-winning<br />
student (Robyn Emerton, who is now teaching at the <strong>Faculty</strong>), 2001.<br />
<strong>The</strong> 5 recipients <strong>of</strong> the UTF 2003-04.<br />
<strong>Law</strong> provides a platform<br />
for coexistence and<br />
resolution <strong>of</strong> disputes. It<br />
recognizes diversity and<br />
differences. Recognizing<br />
that we are miles apart is<br />
not enough, we must create and use the law as a platform for<br />
engagement and to resolve a conflict or dispute, solve a problem or<br />
create a solution. <strong>The</strong> court becomes the final arbiter <strong>of</strong> differences<br />
only when engagement fails.<br />
In any given situation, whether we are trying to strike a deal,<br />
resolve a community conflict or face a highly sensitive political<br />
situation, we look for ways to defuse the volatility, reduce the<br />
polarization and increase the engagement. We look for options to<br />
resolve the differences and to create solutions. This process calls<br />
into play all our skills for negotiation and for dispute resolution. And<br />
I came to value above all law as a process and a tool for<br />
engagement.<br />
A fundamental social purpose that law must serve is to<br />
provide a framework to achieve equality. While in private<br />
practice I never felt that I needed to be fair to my opponents, but in<br />
public life it was all about the equitable distribution <strong>of</strong> rights,<br />
opportunities and the benefits <strong>of</strong> development. We assign a<br />
substantive value to public interest laws.<br />
I became a legislator at the end <strong>of</strong> 1992. It was a welcome<br />
break from private practice and a chance to put my skills to use in<br />
a different way. By definition legislators legislate and I chose to<br />
launch a private member’s bill on equal opportunities. To use a<br />
private member’s bill to introduce a whole new area <strong>of</strong> policy was<br />
not done before. My detractors thought I was just pulling a stunt<br />
and creating a lot <strong>of</strong> problems for them. I was dead earnest. Telling<br />
people that I would be leaving the Legislative Council after my term<br />
expired helped. It was clear that I was not looking for future votes.<br />
matters and even litigated in a few esoteric areas <strong>of</strong> law. <strong>The</strong> <strong>of</strong>fer<br />
to be the Chair <strong>of</strong> the Equal Opportunities Commission<br />
came along and I took it because I wanted to test how the<br />
law that I helped to bring about could be made to work on<br />
the ground.<br />
<strong>The</strong> core function <strong>of</strong> the EOC is complaints handling and this<br />
involves dispute resolution and requires trained skills in mediation<br />
and conciliation. In many cases I have witnessed ingenious<br />
solutions being crafted but in others I have seen cultural<br />
differences becoming obstacles.<br />
<strong>The</strong> giving <strong>of</strong> an apology is a very good example. In the Asian<br />
context, requesting a male superior to apologize to a female<br />
subordinate in a sexual harassment complaint was sometimes<br />
impossible. To require a government authority to provide an<br />
apology to someone would be out <strong>of</strong> the question; but to ask for<br />
an acknowledgement that the complainant felt aggrieved by an<br />
Anna (second from right) with Pr<strong>of</strong>essor Mushkat, Pr<strong>of</strong>essor Pru Goward<br />
and Carole Peterson, at the public lecture on “<strong>The</strong> Right to Equal<br />
Opportunity: Lessons from Australia”, 2003.<br />
<strong>of</strong>ficial’s action and that the government would take steps to<br />
improve its procedure (not rectify a mistake) might not be as<br />
impossible. Similarly the Americans resisted for a long time a<br />
request by the Chinese government for an apology for the collision<br />
between two aircraft near Hainan Island, which resulted in the loss<br />
<strong>of</strong> a Chinese pilot, until finally the American ambassador wrote a<br />
letter saying he was “very, very sorry.” Only after this letter was<br />
written was the American crew allowed to go home.<br />
It is my working experience as a lawyer in the private and public<br />
sectors that led me to focus on a number <strong>of</strong> issues:<br />
• how to negotiate,<br />
• how to resolve disputes, and<br />
• how to detect cultural differences and learn to deal with them<br />
It is this focus that got me into developing education programs for<br />
negotiation skills training and dispute resolution for use on<br />
mainland China through Shantou <strong>University</strong> in Guangdong. <strong>The</strong><br />
university is supported by the Li Ka Shing Foundation and<br />
Citigroup has provided a sponsorship <strong>of</strong> four years to develop a<br />
training module for use on the mainland.<br />
Negotiation and the tools for dispute resolution are important for<br />
both emerging economies as well as developed economies. Many<br />
developed cities have now found it too expensive and<br />
unsatisfactory to go into the court rooms and we need alternative<br />
and pluralistic forms <strong>of</strong> dispute resolution.<br />
<strong>Law</strong> is a living thing and needs to remain alive. It is never<br />
static and our pr<strong>of</strong>essional life should also not be static. Those <strong>of</strong><br />
us who are combating boredom need to get out <strong>of</strong> the routine, to<br />
pursue new challenges and to acquire a different perspective in life.<br />
I think it is important for each <strong>of</strong> us to do something<br />
different, to do something that matters and to sometimes be<br />
bold and make law what we want it to be.<br />
<strong>University</strong> Teaching<br />
Fellowship Awards<br />
2003-04<br />
Congratulations to Rick Gl<strong>of</strong>cheski and<br />
Katherine Lynch, both <strong>of</strong> the<br />
Department <strong>of</strong> <strong>Law</strong>, on their receiving<br />
the <strong>University</strong> Teaching Fellowships<br />
2003-04. <strong>The</strong> Fellowships are awarded<br />
to acknowledge the outstanding<br />
contributions that members <strong>of</strong> the HKU<br />
teaching staff make towards teaching<br />
within the <strong>University</strong>. This year only 5<br />
awards were made. Of the total <strong>of</strong> 34<br />
Fellowships awarded since the start <strong>of</strong><br />
the award in 1996, the <strong>Faculty</strong> has the<br />
honor <strong>of</strong> having 6 <strong>University</strong> Teaching<br />
Fellows in its team. <strong>The</strong>y are Rick<br />
Gl<strong>of</strong>cheski, Lusina Ho, Alice Lee,<br />
Katherine Lynch, Dr. Kevin Pun and<br />
Benny Tai. In this issue, we invited<br />
Katherine and Rick to share with us<br />
what they regard as good teaching and<br />
learning at the university.<br />
10<br />
11
FACULTY NEWS<br />
UNIVERSITY TEACHING FELLOWSHIP AWARDS 2003-04<br />
Katherine Lynch<br />
(Year <strong>of</strong> joining the <strong>Faculty</strong>: 1991; Specialization: Arbitration, Dispute Resolution, Business Association and Company <strong>Law</strong>)<br />
Katherine receiving the award from<br />
the Vice-Chancellor, Pr<strong>of</strong>essor Tsui<br />
Lap Chee.<br />
This year I have been the fortunate recipient <strong>of</strong> a <strong>University</strong> Teaching Fellowship Award from the<br />
<strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> recognizing my teaching efforts in the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>. Receipt <strong>of</strong> this UTF<br />
award has served to renew my enthusiastic commitment to the teaching <strong>of</strong> our talented HKU students<br />
and to striving for excellence in both my teaching and research related activities with the HKU <strong>Law</strong><br />
<strong>Faculty</strong>. My teaching experience at HKU has confirmed that if appropriately motivated and supported,<br />
our law students have the potential to compete with the best graduates from around the world. As such,<br />
I believe it is important to adopt an active student centered approach to teaching and learning,<br />
emphasizing the development <strong>of</strong> core legal analytical skills, active and critical reading skills, and research<br />
and language skills, as well as learning substantive legal knowledge.<br />
Such a problem-based learning approach differs<br />
from the traditional approach <strong>of</strong> passive<br />
memorization and regurgitation <strong>of</strong> legal information.<br />
<strong>Law</strong> students should be required to analyze a given problem, identify the relevant legal<br />
issues, apply relevant legal principles to the issues and through reasoned analysis<br />
reach some form <strong>of</strong> conclusion. While such analysis applies legal principles discerned<br />
from interpreting cases and statutory provisions, students should also be encouraged<br />
to discuss economic, historical, social and political policy considerations in their<br />
analysis <strong>of</strong> problems and challenged to think for themselves and express their own<br />
viewpoints on issues. Innovations in teaching methodology and curriculum design will<br />
further enhance this problem-based inter-disciplinary approach to teaching and<br />
learning at HKU. This in combination with giving close attention and immediate<br />
feedback to students, will help ensure that HKU students achieve their extraordinary<br />
potential and succeed in the international marketplace.<br />
Rick Gl<strong>of</strong>cheski<br />
(Year <strong>of</strong> joining the <strong>Faculty</strong>: 1989; Specialization: Tort <strong>Law</strong>, Labour <strong>Law</strong>)<br />
Katherine received warm congratulations after the<br />
presentation ceremony.<br />
Good teaching has always been valued in the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>, as far back as I can remember. <strong>The</strong> <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong> has a long history <strong>of</strong><br />
teaching seminars and workshops, and has always been supportive <strong>of</strong> teaching innovations. I recall how, in 1990, the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong><br />
was the first in the <strong>University</strong> to introduce student evaluation <strong>of</strong> teachers, and what’s more (and to the horror <strong>of</strong> colleagues in other faculties),<br />
to make the results <strong>of</strong> those evaluations available to students. Since then the entire <strong>University</strong> has followed suit.<br />
In the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>, good teaching is valued both by colleagues, and by students, who<br />
bring high standards to their learning, and who come with high expectations <strong>of</strong> their teachers.<br />
<strong>The</strong> award has given me cause to reflect on the characteristics <strong>of</strong> good teaching.<br />
A good teacher is one who by virtue <strong>of</strong> his enthusiasm for the subject, can inspire and<br />
motivate students. A good teacher is one who genuinely has fun in his teaching. A good teacher<br />
will acquire an understanding <strong>of</strong> his students and their backgrounds, so that students do not feel<br />
like mere numbers, but as individuals whose characteristics are known and appreciated by the<br />
teacher and by classmates. A good teacher will be up-to-date in the subject matter, including<br />
events in the community that impact on that subject matter, thereby ensuring relevance. A good<br />
Rick receiving the award from the<br />
Vice-Chancellor.<br />
12<br />
Rick always stays for a discussion with students after class.<br />
teacher will be reflective, keeping under review the success or failure <strong>of</strong> his teaching techniques<br />
and the student response to them. A good teacher will, in his teaching, project the values and<br />
important human qualities that are required for a sense <strong>of</strong><br />
pr<strong>of</strong>essionalism and humanity to be conveyed to the students. <strong>The</strong><br />
promotion <strong>of</strong> these values requires an atmosphere <strong>of</strong> equality and<br />
democracy in the classroom, which should be a forum in which all can<br />
participate, and in which the views <strong>of</strong> all are treated with respect and on<br />
a footing <strong>of</strong> equality.<br />
<strong>The</strong> teaching fellowship demonstrates the value placed by the<br />
university on good teaching. I was impressed that the teaching awards<br />
were presented together with the outstanding research awards, a<br />
gesture that is more than symbolic and places the importance <strong>of</strong><br />
teaching on an equal footing with that <strong>of</strong> research. <strong>The</strong> award <strong>of</strong> the<br />
teaching fellowship has caused me to reflect further on my teaching, to<br />
make a continuing contribution to the teaching and learning enterprise<br />
in the <strong>Faculty</strong> and the <strong>University</strong>, in order to do justice to the recognition<br />
that has been conferred. I would like to dedicate the award to all <strong>of</strong> my<br />
students, past and present.<br />
Introducing a new Part-time<br />
Postgraduate Certificate<br />
in <strong>Law</strong>s (PCLL) Programme<br />
Pr<strong>of</strong>essor Michael Wilkinson<br />
I am delighted to report that the<br />
Department <strong>of</strong> Pr<strong>of</strong>essional<br />
Legal Education will launch a<br />
new part-time PCLL programme<br />
as from September <strong>2005</strong>. For<br />
some time the <strong>Law</strong> Society had<br />
been encouraging us to provide<br />
the PCLL in part-time mode<br />
in addition to the full-time<br />
programme, but we had been<br />
reluctant to introduce the parttime<br />
course until the PCLL<br />
curriculum reforms had been<br />
largely put in place. Now that<br />
these reforms have been<br />
substantially, and successfully,<br />
implemented, we felt it was time to comply. A committee most ably<br />
chaired by Richard Wu, comprising Felix Chan, Jessica Young,<br />
Norman Hui, Julienne Jen and Stephane Hui Bon Hoa set down to<br />
draw up plans for implementation.<br />
<strong>The</strong> new part-time PCLL, which will run over 2 years, is<br />
based upon four fundamental principles. First, the high<br />
standards required for admission to the full-time PCLL will apply<br />
equally to admission to the part-time PCLL. Applicants should<br />
ensure that, in addition to the required academic qualifications,<br />
they have passed the IELTS test with a minimum score <strong>of</strong> 7.<br />
Secondly, the part-time curriculum will be the same as the full-time<br />
course save that the part-time course will extend over two<br />
academic years. This means that the first year <strong>of</strong> the part-time<br />
course will be devoted to contentious subjects – Advocacy, Civil<br />
and Criminal Procedure and Pr<strong>of</strong>essional Conduct (contentious<br />
issues) and the second year will cover non-contentious subjects –<br />
Conveyancing and Probate Practice, Commercial <strong>Law</strong> and<br />
Practice, Accounts and Financial Management and Pr<strong>of</strong>essional<br />
Conduct (non-contentious issues). <strong>The</strong> third principle is that<br />
teaching standards on both courses will be consistently high. All<br />
lectures on both courses will be delivered by the same full-time<br />
staff members and tutorials for both the part-time and full-time<br />
courses will be conducted by a mix <strong>of</strong> full-time staff and specialist<br />
practitioners. Finally, a common examination standard will be<br />
applied so that the exit standards <strong>of</strong> the part-time course will be<br />
just as high as for the full-time course.<br />
Lectures and tutorials will largely be conducted from<br />
6:30 p.m. until 8:30 p.m. on two to three weekdays<br />
each week with some classes held on Saturdays.<br />
All classes (save for advocacy examinations) will be<br />
conducted on campus, but a coach service will<br />
be available at nominal cost to transfer<br />
students from Admiralty and Central to the<br />
HKU Campus for classes. Naturally,<br />
Members <strong>of</strong> the Department <strong>of</strong> PLE (from left): Richard Wu, Wilson Chow,<br />
Pr<strong>of</strong>essor Wilkinson, Dr. Felix Chan and Stephane Hui Bon Hoa.<br />
students will be encouraged to make full use <strong>of</strong> our library and<br />
other facilities.<br />
Information about the part-time course was first made public at<br />
an open forum in mid-January. To our pleasant surprise, more than<br />
250 people attended and asked many incisive questions.<br />
Information about the part-time course is now available on the<br />
PCLL website – www.pcll.hk and application for admission<br />
should be made as soon as possible but not later than 30 April<br />
<strong>2005</strong>. <strong>The</strong> fees for the part-time course will be $55,000 per year.<br />
I am very happy with this long-awaited development and feel<br />
confident that the course will be well-received by those admitted<br />
as students and the pr<strong>of</strong>ession.<br />
13
14<br />
FACULTY NEWS<br />
<strong>The</strong> <strong>Faculty</strong> welcomes the following<br />
new teachers on board:<br />
Henry Gao<br />
LLB (China), LLM (UCL), JD with Certificate in <strong>Law</strong> and Business<br />
(Vanderbilt)<br />
Henry joined the Department <strong>of</strong> <strong>Law</strong> in<br />
January <strong>2005</strong> as Assistant Pr<strong>of</strong>essor.<br />
Henry got his LLB from China Youth<br />
Politics Institute, his LLM from <strong>University</strong><br />
College London and his JD from<br />
Vanderbilt <strong>University</strong>. After that, Henry<br />
went to work in Geneva as the first<br />
Chinese lawyer at the WTO Secretariat.<br />
In August 2003, Henry came to <strong>Hong</strong><br />
<strong>Kong</strong> to teach at the law school <strong>of</strong><br />
CityU. His main areas <strong>of</strong> research are WTO, international trade law,<br />
corporate law and law and economics; and he is the author <strong>of</strong><br />
several articles on these issues.<br />
Norman Hui<br />
BA (Toronto), PCLL (HKU)<br />
Norman joined the Department <strong>of</strong> the<br />
Pr<strong>of</strong>essional Legal Education in<br />
August 2004 as a teaching consultant.<br />
He teaches Civil Advocacy, Civil<br />
Procedure, Pr<strong>of</strong>essional Practice,<br />
Conveyancing (Litigation Stream),<br />
Probate (Litigation Stream) and<br />
coordinates the Litigation Stream.<br />
Norman received his education in<br />
Canada save for his legal studies which<br />
were in <strong>Hong</strong> <strong>Kong</strong>. He was called to the <strong>Hong</strong> <strong>Kong</strong> Bar in 1996<br />
and continues to practise in the areas <strong>of</strong> intellectual property,<br />
personal injuries and general comercial litigation.<br />
I-Ping Soong<br />
Father Roderick O’Brien (right)<br />
with Richard Wu<br />
Julienne Jen<br />
LLB(London), PCLL (HKU)<br />
Julienne joined the Department <strong>of</strong> Pr<strong>of</strong>essional Legal Education as<br />
Teaching Consultant in September 2004. Julienne teaches Civil and<br />
Criminal Procedure, Civil Advocacy, the Litigation Stream for the<br />
Commercial <strong>Law</strong> and Practice course and Pr<strong>of</strong>essional Practice.<br />
Julienne graduated from King’s College,<br />
<strong>University</strong> <strong>of</strong> London with an LLB in 1995 and<br />
then took the PCLL course at the <strong>University</strong><br />
<strong>of</strong> <strong>Hong</strong> <strong>Kong</strong>. She qualified as a solicitor in<br />
<strong>Hong</strong> <strong>Kong</strong> in 1998 and later, was also<br />
admitted as a solicitor in England and Wales.<br />
After her qualification, Julienne stayed with<br />
Richards Butler and practiced as a litigation<br />
solicitor. Her main areas <strong>of</strong> work included<br />
pr<strong>of</strong>essional liability litigation and general<br />
commercial litigation.<br />
Kelvin Low<br />
LLB (NUS), BCL (Oxon)<br />
Kelvin joined the Department <strong>of</strong> <strong>Law</strong> in January <strong>2005</strong> as Assistant<br />
Pr<strong>of</strong>essor. Kelvin graduated from the National <strong>University</strong> <strong>of</strong><br />
Singapore in 1999 and practiced shortly after getting called to the<br />
Bar in Singapore. He read the BCL at Brasenose College, Oxford<br />
in 2001 and joined his alma mater immediately thereafter in 2002,<br />
where he taught Principles <strong>of</strong><br />
Property <strong>Law</strong>, Equity & Trusts and<br />
Principles <strong>of</strong> Restitution. He has<br />
always been interested in academia,<br />
publishing extensively even as a<br />
student. He now teaches Equity &<br />
Trusts and Introduction to Private<br />
International <strong>Law</strong>, but his interest<br />
also extends to Restitution and<br />
Contract.<br />
MA (Oxon)<br />
I-Ping joined the Department <strong>of</strong> <strong>Law</strong> in September 2004 as a Senior Teaching Assistant.<br />
She received her secondary education in Singapore before reading Jurisprudence at Exeter<br />
College, Oxford. After graduation, she studied for her PLC at the College <strong>of</strong> <strong>Law</strong> in London.<br />
Upon qualification, she moved to <strong>Hong</strong> <strong>Kong</strong> as an assistant solicitor with Slaughter and<br />
May, practicing in general commercial practise. She then became an associate with the<br />
International Capital Markets Department in Allen & Overy in <strong>Hong</strong> <strong>Kong</strong>. She is a solicitor<br />
<strong>of</strong> the Supreme Court <strong>of</strong> England and Wales and a Solicitor <strong>of</strong> the High Court <strong>of</strong> <strong>Hong</strong><br />
<strong>Kong</strong>.<br />
<strong>The</strong> other two new teachers are Ms. Athena Cheung and Mr. Paul Westover, both <strong>of</strong> the Department <strong>of</strong> <strong>Law</strong>.<br />
New Faces<br />
Meet our old friend ! Meet our old friend ! Meet our old friend !<br />
Father Roderick O’Brien<br />
Father Roderick O’Brien visited the <strong>Faculty</strong> on 7th October 2004.<br />
Father O’Brien was a graduate <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong> with<br />
an MA in 1976. He taught in the Department <strong>of</strong> <strong>Law</strong> from 1974 to<br />
1977. He is now a law lecturer <strong>of</strong> the Xi Bei Politics & <strong>Law</strong> Institute<br />
situated in Xi An, PRC.<br />
<strong>The</strong> Hochelaga Lectures this year were given by Pr<strong>of</strong>essor James Crawford, Whewell Pr<strong>of</strong>essor<br />
<strong>of</strong> International <strong>Law</strong> at the <strong>University</strong> <strong>of</strong> Cambridge. <strong>The</strong> topic is “Rights in One Country: China<br />
and <strong>Hong</strong> <strong>Kong</strong>”.<br />
35TH ANNIVERSARY EVENTS<br />
Public Lectures, Conferences, Seminars and Events held in<br />
the first semester 2004-05<br />
HOCHELAGA LECTURES 2004 25 & 28 October 2004<br />
Chairpersons at the two lectures were <strong>The</strong> Hon.<br />
Dr. Anson Chan, GBM, GCMG, CEB, JP (right<br />
in the above) and Ms. Christine Loh, Founder<br />
and CEO <strong>of</strong> Civic Exchange (below).<br />
(from left) Frank Ching, Anna Wu, <strong>The</strong> Hon. Dr.<br />
David Li and Christine Loh at the lecture.<br />
SEMINAR BY PROFESSOR HAZEL GENN<br />
An Overview <strong>of</strong> the Impact <strong>of</strong> the Woolf’s Reform and the Legal Aid Reform in the UK -<br />
30 November 2004<br />
<strong>The</strong> seminar attracted a large<br />
audience. Pr<strong>of</strong>essor Genn is the<br />
Pr<strong>of</strong>essor <strong>of</strong> Socio-Legal Studies at<br />
the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>s, <strong>University</strong><br />
College London.<br />
REGIONAL DIALOGUE ON INTELLECTUAL PROPERTY RIGHTS, INNOVATION AND SUSTAINABLE DEVELOPMENT<br />
8-10 November 2004<br />
<strong>The</strong> event was convened jointly by the International Centre for<br />
Trade and Sustainable Development, the UNCTAD, the<br />
International Development Research Centre and the<br />
<strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong>. It was organized as an informal<br />
process bringing together about 25 relevant stakeholders<br />
with a variety <strong>of</strong> interests and experiences (Geneva-based<br />
negotiators, capital-based policy makers, academia, the<br />
private sector and NGOs). <strong>The</strong> dialogue aimed to provide a<br />
platform for strategic discussion<br />
between these stakeholders on<br />
relevant trends in the area <strong>of</strong> IP and their<br />
implications for sustainable development<br />
and also to analyse current trends in IP<br />
standard-setting in the East and South<br />
East Asian region.<br />
15
CENTRE FOR COMPARATIVE AND PUBLIC LAW EVENTS — HONG KONG’S NEW POLITICS: A POST-ELECTION ANALYSIS<br />
PART 4 OF THE CONFERENCE SERIES ON “CONSTITUTIONAL REVIEW AND DEMOCRATIC DEVELOPMENT: THE WAY FORWARD<br />
18 September 2004 Organized jointly with the Department <strong>of</strong> Politics and Public Administration, <strong>Faculty</strong> <strong>of</strong> Social Sciences.<br />
PCLL OPENING CEREMONY 6 September 2004<br />
Address by Mr. Michael<br />
Lintern-Smith, President<br />
<strong>of</strong> the <strong>Law</strong> Society <strong>of</strong><br />
<strong>Hong</strong> <strong>Kong</strong>.<br />
LLB OPENING CEREMONY FOR<br />
THE 2004-05 ACADEMIC YEAR<br />
8 September 2004<br />
Mr. Allen Lee, Public<br />
Affairs Commentator.<br />
Dr. Ma Ngok <strong>of</strong> HKUST.<br />
Dr. Robert Chung, Director <strong>of</strong> Public<br />
Opinion Programmes, HKU.<br />
(first from left) Pr<strong>of</strong>essor Kuan Hsin Chi <strong>of</strong><br />
CU and (third from left) Pr<strong>of</strong>essor Wang<br />
Zhenmin <strong>of</strong> Tsinghua <strong>University</strong> were also<br />
at the conference.<br />
<strong>The</strong> Dean gave a welcome speech to the PCLL students and<br />
guests at Hui Pun Hing <strong>The</strong>atre, Library Extension Building.<br />
<strong>The</strong> speech was given by Ms. Anna Wu,<br />
SBS, JP, Chairperson <strong>of</strong> the Academic Board<br />
for the PCLL and Adviser to the <strong>Law</strong><br />
School, Shantou <strong>University</strong>.<br />
ARCHBOLD HONG KONG CRIMINAL<br />
LAW CONFERENCE 2004<br />
13 November 2004<br />
SEMINAR & WORKSHOP ON LEGISLATING AGAINST RACIAL<br />
DISCRIMINATION: RESPONSE TO THE GOVERNMENT’S<br />
CONSULTATION DOCUMENT<br />
Organized jointly with <strong>Hong</strong> <strong>Kong</strong> Human Rights Monitor. - 22 January <strong>2005</strong><br />
<strong>The</strong> Conference was a one-day event with Lord<br />
Justice Robin Auld <strong>of</strong> the English Court <strong>of</strong> Appeal<br />
and Mr. Justice Ian Binnie <strong>of</strong> the Supreme Court<br />
<strong>of</strong> Canada as its keynote speakers.<br />
Address by Mr. Edward Chan<br />
SC, then Chairman <strong>of</strong> the<br />
<strong>Hong</strong> <strong>Kong</strong> Bar Association.<br />
HKU JUPAS OPEN DAY 2004<br />
16, 17 October 2004<br />
Members <strong>of</strong> the Department <strong>of</strong> Pr<strong>of</strong>essional Legal Education with<br />
the prize winners.<br />
<strong>The</strong> students and guests were also<br />
addressed by Mr. Kenneth Kwok<br />
SC, President <strong>of</strong> the HKU <strong>Law</strong><br />
Alumni Association.<br />
(from left) Simon Young <strong>of</strong> the <strong>Faculty</strong>, Mr. Justice<br />
Michael Lunn and Mr. Grenville Cross SC, Director <strong>of</strong><br />
Public Prosecutions <strong>of</strong> the Department <strong>of</strong> Justice.<br />
<strong>The</strong> panel speakers included<br />
Ms. Carole Peterson, Pr<strong>of</strong>essor Yash<br />
Ghai (Sir Y K Pao Chair in Public<br />
<strong>Law</strong>), Ms. Jill Cottrell, Ms. Anna Wu<br />
and also Mr. Mark Daly.<br />
CONFERENCE ON SENTENCING PRACTICES IN GREATER CHINA 29 January <strong>2005</strong><br />
<strong>Law</strong> students answering enquires and manning the exhibition booths set up in the G/F Concourse <strong>of</strong> K K<br />
Leung Building.<br />
Three Defendants set fire in a shop in Central at noon, resulting in one death and one<br />
seriously injured. <strong>The</strong>y were charged with manslaughter and assault causing GBH.<br />
One <strong>of</strong> them was aged 16. Two pleaded guilty and one was convicted after trial.<br />
<strong>The</strong>y were respectively sentenced before a court in <strong>Hong</strong> <strong>Kong</strong>, Mainland, Taiwan<br />
and Macau. <strong>The</strong> 4 mock trials<br />
at our Sentencing Practices<br />
in Greater China Conference<br />
produced very interesting and<br />
different sentences and led to a<br />
lively discussion on the differences<br />
in approach and values underlying<br />
the 4 jurisdictions!<br />
Representatives <strong>of</strong> prize donors presenting<br />
award certificates to prize-winning law<br />
students.<br />
16<br />
Michael Jackson, Admissions Tutor <strong>of</strong> the Department <strong>of</strong> <strong>Law</strong>, was giving an admission talk to the<br />
audience in a fully-packed lecture theatre.<br />
17
FACULTY NEWS<br />
A new Lecture Series for the Pr<strong>of</strong>ession and the Public<br />
Upcoming Events<br />
<strong>The</strong> <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong> proudly announces the Common <strong>Law</strong><br />
Lecture Series. <strong>Hong</strong> <strong>Kong</strong> is in a unique position as the only<br />
common law jurisdiction in civil law China. In presenting the<br />
Lecture Series, the <strong>Faculty</strong> hopes to contribute to the learning and<br />
development <strong>of</strong> the common law.<br />
<strong>The</strong> annual Lecture Series will be presented by distinguished<br />
jurists from <strong>Hong</strong> <strong>Kong</strong> and around the common law world. Each<br />
speaker will deliver a public lecture relating to the common law, and<br />
the lectures will be published annually. All lectures are free and open<br />
to the public.<br />
<strong>The</strong> lecture schedule for <strong>2005</strong> is as follows:<br />
15 March <strong>2005</strong><br />
<strong>The</strong> Hon. Sir Anthony Mason, A.C., K.B.E.<br />
Non-permanent Judge, Court <strong>of</strong> Final Appeal, <strong>Hong</strong> <strong>Kong</strong><br />
Title: <strong>The</strong> Role <strong>of</strong> the Common <strong>Law</strong> in <strong>Hong</strong> <strong>Kong</strong><br />
(Inaugural Lecture)<br />
20 May <strong>2005</strong><br />
<strong>The</strong> Hon. Mr. Justice Robert Ribeiro<br />
Permanent Judge, Court <strong>of</strong> Final Appeal, <strong>Hong</strong> <strong>Kong</strong><br />
Title: Vexatious Litigants<br />
Nov <strong>2005</strong><br />
<strong>The</strong> Rt. Hon. the Lord Millett<br />
Lord <strong>of</strong> Appeal, House <strong>of</strong> Lords<br />
Non-permanent Judge, Court <strong>of</strong> Final Appeal, <strong>Hong</strong> <strong>Kong</strong><br />
For further details and registration, please visit the following<br />
website: www.hku.hk/law/clls<br />
We sincerely welcome all alumni and friends <strong>of</strong> the<br />
<strong>Faculty</strong> to join us at the lectures. See you all then.<br />
Date Event Venue<br />
<strong>2005</strong> March 15 Inaugural Lecture <strong>of</strong> <strong>The</strong> Common <strong>Law</strong> Lecture Series Rayson Huang <strong>The</strong>atre, HKU<br />
by <strong>The</strong> Hon Sir Anthony Mason, NPJ, Court <strong>of</strong> Final Appeal,<br />
HKSARG, on “<strong>The</strong> Role <strong>of</strong> the Common <strong>Law</strong> in <strong>Hong</strong> <strong>Kong</strong>”<br />
19 International Conference on Pr<strong>of</strong>essional Ethics (<strong>Hong</strong> <strong>Kong</strong>) Library Extension One, HKU<br />
21 International Conference on Pr<strong>of</strong>essional Ethics (Beijing) Beijing, China<br />
<strong>2005</strong> April 11 Peter Allan Memorial Lecture by <strong>The</strong> Hon Chief Justice Wang Gungwu Lecture Hall,<br />
Dr Aharon Barak, President <strong>of</strong> the Supreme Court <strong>of</strong> Israel, HKU<br />
on “<strong>The</strong> Role <strong>of</strong> a Supreme Court in a Democracy and<br />
the Fight Against Terrorism”<br />
18 April - 8 July WTO Regional Trade Policy Course <strong>The</strong> <strong>University</strong> <strong>of</strong> <strong>Hong</strong> <strong>Kong</strong><br />
22 <strong>Law</strong> Lectures for Practitioners Hotel Conrad<br />
<strong>2005</strong> May 6 Launch <strong>of</strong> the “CLIC” website Council Chamber, HKU<br />
20 <strong>The</strong> Common <strong>Law</strong> Lecture Series by <strong>The</strong> Hon Rayson Huang <strong>The</strong>atre, HKU<br />
Mr. Justice Ribeiro, PJ, Court <strong>of</strong> Final Appeal, HKSARG,<br />
on “Vexatious Litigants”<br />
Please check out on further details at the faculty’s website: www. hku.hk/law/ under “What’s New – Seminars and Public Lectures”.<br />
A NEW PROJECT —<br />
Community Legal Information Centre (CLIC) Website:<br />
the public is to have greater access to legal<br />
information and legal services<br />
We are pleased to announce that the China Information<br />
Technology & <strong>Law</strong> Centre (a centre established jointly by the<br />
<strong>Faculty</strong> <strong>of</strong> <strong>Law</strong> and the Department <strong>of</strong> Computer Science <strong>of</strong> HKU)<br />
is undertaking a 3-year project under which it is to develop, host<br />
and maintain the Community Legal Information Centre Website<br />
( ). <strong>The</strong> project is funded by the Department <strong>of</strong> Justice and<br />
represents one <strong>of</strong> the Government’s efforts in enabling the general<br />
public to have greater access to legal information and legal<br />
services on-line. <strong>The</strong> website will be maintained as an adjunct to<br />
the <strong>Hong</strong> <strong>Kong</strong> Legal Information Institute (HKLII) launched in<br />
January 2002. <strong>The</strong> project commenced in April 2004 and the<br />
website is due to be <strong>of</strong>ficially launched on 6 May <strong>2005</strong>. <strong>The</strong><br />
bilingual website aims at providing the public with free information<br />
on areas <strong>of</strong> law that have the most direct bearing on their daily<br />
lives. <strong>The</strong> areas <strong>of</strong> law to be covered will include among other<br />
topics, employment, family matters, landlord and tenant,<br />
bankruptcy, consumer protection, immigration, personal injury and<br />
legal aid. To ensure a smooth operation <strong>of</strong> the website upon its<br />
launch, a workshop will be held in March <strong>2005</strong>. Please watch out<br />
for details <strong>of</strong> the launch <strong>of</strong> the “CLIC website” at the faculty’s<br />
website nearer the date.<br />
18
ALUMNI COLUMN<br />
News from <strong>The</strong> HKU <strong>Law</strong> Alumni Association<br />
<strong>The</strong> New Executive Committee (2004-05)<br />
<strong>The</strong> <strong>Law</strong> Alumni Association held its<br />
Annual General Meeting for the year<br />
2004 on 16 December 2004. A new<br />
Executive Committee was duly elected.<br />
Kenneth Kwok SC (LLB 1972),<br />
Francoise Lam (LLB 1986)<br />
and Cleresa Wong (LLB 1980)<br />
continue to show their support to the<br />
Association in the most practical way:<br />
they hold their respective <strong>of</strong>fices as<br />
the President, Honorary Secretary and<br />
Honorary Treasurer for the second<br />
term. 4 new members came on board<br />
though. <strong>The</strong>y are Carmelo Lee (LLB<br />
1982), Cissy Leung (LLB 1988),<br />
Elaine Liu (LLB 1987) and Felicity<br />
Wong (LLB 1999). <strong>The</strong> other<br />
Executive Committee members are<br />
Augusto da Roza, Bonnie Chan,<br />
Denise Chan, Mr. Justice Chan, PJ<br />
and Richard Wu. It is indeed<br />
gratifying to see alumni <strong>of</strong> different<br />
seniority willing to assist with the<br />
work <strong>of</strong> the Association and the<br />
<strong>Faculty</strong> notwithstanding their busy<br />
practice and family commitments.<br />
<strong>The</strong> following is a brief report by the<br />
President <strong>of</strong> the LAA:<br />
“<strong>The</strong> work <strong>of</strong> the HKU <strong>Law</strong> Alumni<br />
Association is vital to the development and<br />
maintenance <strong>of</strong> the <strong>Law</strong> <strong>Faculty</strong> as a<br />
Centre <strong>of</strong> Excellence” (Mr. Peter Rhodes,<br />
Dean, 1987-1993).<br />
In the letter dated 7 February 2004,<br />
the Executive Committee <strong>of</strong> the <strong>Hong</strong><br />
<strong>Kong</strong> <strong>University</strong> <strong>Law</strong> Alumni Association<br />
made the points that, as graduates, we<br />
could all play a part to improve legal<br />
education and increase public confidence<br />
in the legal pr<strong>of</strong>ession and education and<br />
that we could also help by providing<br />
financial support.<br />
<strong>The</strong> <strong>Law</strong> Alumni Association has<br />
excellent rapport with the <strong>Faculty</strong>. <strong>The</strong><br />
Dean attended two Executive Committee<br />
meetings on invitation and briefed us on<br />
the latest developments and activities <strong>of</strong><br />
the <strong>Faculty</strong>. <strong>The</strong> <strong>Faculty</strong> co-opted our<br />
nominee, Mr. Augusto da Roza (LLB<br />
1973, PCLL 1974), as a member <strong>of</strong> the<br />
<strong>Faculty</strong> Board.<br />
In celebrating the 35th anniversary<br />
<strong>of</strong> the <strong>Faculty</strong>, we helped the <strong>Faculty</strong><br />
in hosting the Homecoming on 6<br />
November 2004. We also organized the<br />
Re-union Dinner which was held on 4<br />
December 2004 and produced the 35th<br />
anniversary publication, “Building for<br />
Tomorrow on Yesterday’s Strength”.<br />
<strong>The</strong> number <strong>of</strong> alumni association<br />
members has more than doubled in 2004.<br />
<strong>The</strong> Alumni Association has now<br />
completed the formalities in establishing<br />
our own charitable institution, the “HKU<br />
<strong>Law</strong> Alumni Charity Limited”. <strong>The</strong><br />
Charity company is exempt from tax<br />
under section 88 <strong>of</strong> the Inland Revenue<br />
Ordinance, Cap. 112, and more importantly,<br />
a donation <strong>of</strong> money to the HKU <strong>Law</strong><br />
Alumni Charity Limited for charitable<br />
purposes is an approved charitable<br />
donation under the Ordinance.<br />
Ms. Wendy Chan (LLB 1987 PCLL<br />
1988 LLM (CFL) 2001), Ms. Yeda <strong>Hong</strong><br />
(LLB 1999 PCLL 2000), Ms. Rebecca<br />
Lee (LLB 2001 PCLL 2003) and Mr.<br />
Joseph Tse (LLB 1982 PCLL 1983)<br />
retired as members <strong>of</strong> the Executive<br />
Committee in December last year, Wendy<br />
having served three terms, and Yeda and<br />
Joseph two. <strong>The</strong>y took an active part in<br />
the deliberation and decision making<br />
process <strong>of</strong> the Executive Committee and<br />
the sub-committees, and worked very<br />
hard behind the scenes in the anniversary<br />
activities.<br />
Johannes joins me in thanking all<br />
members <strong>of</strong> the Executive Committee, all<br />
members <strong>of</strong> all sub-committees and many<br />
many more who helped behind the scene<br />
for their dedicated support and help.<br />
Kenneth Kwok SC<br />
(LLB 1972, PCLL 1973)<br />
President, <strong>Hong</strong> <strong>Kong</strong> <strong>University</strong> <strong>Law</strong><br />
Alumni Association<br />
Website: www.hku.hk/law/alumni<br />
Email: llalumni@hkucc.hku.hk<br />
Two <strong>of</strong> the new<br />
Executive committee<br />
members: Felicity<br />
Wong (right) and<br />
Carmelo Lee (below)<br />
Denise Chan<br />
(LLB 1990).<br />
Joseph Tse had<br />
served the ExCo<br />
for two years and<br />
chaired the 35th<br />
Anniversary<br />
Reunion Dinner<br />
Organizing<br />
Sub-Committee<br />
in 2004.<br />
Sincerely From an Outgoing ExCo Member<br />
I have been kindly asked to write a<br />
few lines as an outgoing member <strong>of</strong><br />
the HKU <strong>Law</strong> Alumni Association<br />
Executive Committee. I joined the<br />
Executive Committee first as its<br />
co-opted member, became its regular<br />
member a few months later in around<br />
November 2002 and have since had the<br />
privilege to hold the post until my recent<br />
retirement in December 2004.<br />
It is my great pleasure and honour to<br />
have served on the Executive Committee<br />
working with a conscientious and efficient<br />
team consisting mostly <strong>of</strong> my seniors in<br />
the pr<strong>of</strong>ession; a team with one goal in the<br />
heart <strong>of</strong> each member – to give back to<br />
the <strong>Law</strong> <strong>Faculty</strong> and to better the Alumni<br />
Association.<br />
Yeda <strong>Hong</strong> and Wendy Chan (second and third<br />
from left in the back row) at a dinner gathering<br />
with other members <strong>of</strong> the Executive Committee<br />
and its Sub-Committees in December 2004.<br />
Wendy Chan<br />
(LLB 1987, PCLL 1988)<br />
Since graduation from the <strong>Law</strong> <strong>Faculty</strong>, life<br />
has taken us down different ways and<br />
paths. Some stay in the pr<strong>of</strong>ession, some<br />
have gone in-house, some retire, some<br />
have embarked on another career… and,<br />
among us, some may prefer concentrating<br />
on what they are presently doing because<br />
<strong>of</strong> their busy schedule which is fully<br />
understandable.<br />
I would humbly like to let you know<br />
that your Executive Committee really has<br />
Message from the Convener <strong>of</strong> the Membership<br />
Drive Sub-Committee<br />
Patrick Chan (LLB 1974, PCLL 1975)<br />
When you have a break in your busy<br />
schedules, have you ever paused to think<br />
<strong>of</strong> the more leisurely and happier times<br />
with your classmates in the law school?<br />
Did it ever occur to you to meet those<br />
classmates you have not seen for a long<br />
time and to share with them what had<br />
happened to you since you last met? You<br />
must have come across barristers,<br />
solicitors, pupils and trainee solicitors in<br />
your work, either in court or in conference<br />
or on the phone, who are graduates <strong>of</strong> the<br />
<strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>. Do you like to meet them<br />
in more amicable circumstances?<br />
<strong>The</strong>re is a good way <strong>of</strong> getting in touch<br />
with those you have already known –<br />
former classmates and friends and getting<br />
to know those you have yet to know –<br />
graduates <strong>of</strong> the <strong>University</strong> who have left<br />
before you and who have come after you.<br />
That is to become a member <strong>of</strong> the <strong>Hong</strong><br />
<strong>Kong</strong> <strong>University</strong> <strong>Law</strong> Alumni Association.<br />
By doing so, you will be able<br />
to get in touch with them<br />
easily through the Association’s<br />
correspondence, website and<br />
other regular publications and<br />
to participate in its activities.<br />
Through these communications<br />
and functions, you will get<br />
to know more about what is<br />
happening to the <strong>University</strong>, the<br />
legal pr<strong>of</strong>ession and many <strong>of</strong> your<br />
engaged in long meetings and plentiful<br />
email correspondence to organize alumni<br />
functions to achieve an encouraging year<br />
<strong>of</strong> 2004. To my teammates and Executive<br />
Committee President, I thank you for being<br />
part <strong>of</strong> my experience that I cherish and to<br />
the current Executive Committee, I wish<br />
you continued success.<br />
<strong>The</strong> efforts <strong>of</strong> some twelve Executive<br />
Committee members are not enough<br />
though. <strong>The</strong> Alumni Association belongs to<br />
each law graduate and it needs you.<br />
Please do come and join us.<br />
former classmates, seniors and juniors.<br />
And through taking part in its activities,<br />
you can catch up with former classmates<br />
and friends about whom you do not have<br />
the opportunity <strong>of</strong> getting to know more<br />
and you can also get to know new alumni.<br />
But the most important and worthwhile<br />
purpose <strong>of</strong> joining the Association is to<br />
show your support to fellow students and<br />
graduates <strong>of</strong> the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong> to which<br />
we are all indebted for providing us with<br />
necessary training to enter the legal<br />
pr<strong>of</strong>ession.<br />
This year, the <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong> is<br />
celebrating is 35th anniversary. Some <strong>of</strong><br />
you might have already participated in the<br />
Homecoming held on 6 November 2004<br />
and shared the fun with us. Others might<br />
have come for the Reunion Dinner on 4<br />
December 2004 and met old friends and<br />
former teachers. Some <strong>of</strong> you are already<br />
members <strong>of</strong> the Association but others<br />
have still not joined. If you wish to know<br />
more about the Association and how you<br />
can join our family, please feel free to visit<br />
our website at www.hku.hk/law/alumni.<br />
<strong>The</strong> Dean joined the new Exco at one <strong>of</strong> their monthly meetings.<br />
(Back row from left): Augusto da Roza, Bonnie Chan, Richard<br />
Wu, Elaine Liu, Cissy Leung and Cleresa Wong.<br />
(Front row from left): <strong>The</strong> Hon. Mr. Justice Chan, PJ, Kenneth<br />
Kwok SC, the Dean and Francoise Lam.<br />
<strong>The</strong> Hon Mr. Justice Chan PJ (first from right).<br />
20<br />
21
ALUMNI COLUMN<br />
One country, two homes – life and<br />
career <strong>of</strong> a <strong>Hong</strong> <strong>Kong</strong> lawyer in Beijing<br />
Janet Hui (LLB 1987, PCLL 1988) made<br />
a radical change in her career and life<br />
by “immigrating” to Beijing in August<br />
2004. Instead <strong>of</strong> leading an expatriate<br />
life, she chose to live in Beijing like a<br />
local Chinese and work in a local law<br />
firm. In this article, Janet shares with<br />
us her experience and reflections on life<br />
and career in Beijing as a newcomer<br />
from <strong>Hong</strong> <strong>Kong</strong>…<br />
It is now over six months since I and my<br />
kids (a boy <strong>of</strong> 9 years old and a girl <strong>of</strong> 6<br />
years old) “immigrated” to Beijing in last<br />
August to join my husband, who has lived<br />
in Beijing for more than five years. I felt a<br />
bit nervous and scary before I moved to<br />
Beijing. I was not certain whether I could<br />
adapt to life in China, especially as I<br />
wished to live like a local and not an<br />
expatriate.<br />
My first few weeks in Beijing were not<br />
at all pleasant. I caught a cold shortly after<br />
my arrival in the city as a result <strong>of</strong> the<br />
sharp temperature difference between day<br />
and night. It was also a frustrating<br />
A photo taken at a local<br />
dog market as my kids<br />
are keen to buy a dog as<br />
their pet. Of course, we<br />
rejected this idea as it<br />
is not easy to keep a dog<br />
at home.<br />
A photo taken with my<br />
family members and<br />
friends from <strong>Hong</strong> <strong>Kong</strong><br />
in December 2004.<br />
Janet Hui (LLB 1987, PCLL 1988)<br />
experience to purchase the furniture and<br />
electrical appliances for my new home.<br />
Beijing is very big and the shops scatter<br />
around different parts <strong>of</strong> the city. <strong>The</strong>re are<br />
very few shopping malls and they are <strong>of</strong><br />
smaller scale.<br />
<strong>The</strong>re is so much for me to learn as an<br />
‘immigrant’ from <strong>Hong</strong> <strong>Kong</strong>. I have to pay<br />
for an electricity card through depositing<br />
money at banks before my family can use<br />
electricity at home. I have to go to the<br />
bank to pay for our phone bills. Mobile and<br />
IDD calls are still expensive in comparison<br />
to prices in <strong>Hong</strong> <strong>Kong</strong>. <strong>The</strong>re are few<br />
<strong>Hong</strong> <strong>Kong</strong> style restaurants around<br />
though there are lots <strong>of</strong> Starbucks,<br />
McDonalds and KFC around. <strong>The</strong>re is no<br />
<strong>Hong</strong> <strong>Kong</strong> newspaper or magazine<br />
available in Beijing (except Ming Pao Daily<br />
which costs RMB 20 a day). <strong>The</strong> public<br />
transportation system is underdeveloped<br />
and the traffic congestion problem is very<br />
serious in Beijing.<br />
My kids had a lot <strong>of</strong> complaints about<br />
Beijing in the first three months: <strong>The</strong>y<br />
complained that there was no big toy shop<br />
and most <strong>of</strong> the toy models were<br />
outdated. <strong>The</strong>y complained about the<br />
meals as they were not accustomed to<br />
local food. <strong>The</strong>y also complained about<br />
the school life here. As they studied in<br />
local school and not international school,<br />
they did not understand what the teachers<br />
and classmates said in class and felt<br />
frustrated. <strong>The</strong>y could not read simplified<br />
Chinese characters and had to learn them<br />
from scratch. <strong>The</strong>y missed <strong>Hong</strong> <strong>Kong</strong> so<br />
much that they wept nearly every day in<br />
the first few months <strong>of</strong> arrival.<br />
After about five months, however, my<br />
kids feel much happier and appreciate the<br />
‘brighter’ side <strong>of</strong> Beijing. <strong>The</strong>y enjoy skiing<br />
in winter and play sports like golf,<br />
swimming, soccer, badminton, and roller<br />
skating in summer. <strong>The</strong>y do less<br />
homework than they did in <strong>Hong</strong> <strong>Kong</strong>.<br />
<strong>The</strong>y have some new friends and start to<br />
exchange game cards or stationeries with<br />
each another. <strong>The</strong> most important<br />
attraction is, however, a better family life in<br />
Beijing, with both dad and mum around to<br />
play with them. While my kids still miss<br />
<strong>Hong</strong> <strong>Kong</strong> from time to time, they start to<br />
enjoying life in Beijing.<br />
How about my life and work in Beijing?<br />
Well, I am luckier than my kids. I work for a<br />
local law firm, and not a foreign or <strong>Hong</strong><br />
<strong>Kong</strong> law firm. My law firm is rather<br />
‘westernized’ as most <strong>of</strong> the partners and<br />
lawyers have studied or worked overseas.<br />
<strong>The</strong>re are more than 45 partners and 190<br />
lawyers (including partners) working for the<br />
firm. Most <strong>of</strong> the partners and lawyers in<br />
the firm are friendly, open-minded and<br />
hard-working. <strong>The</strong> workload here is very<br />
heavy and not as leisure as most <strong>Hong</strong><br />
<strong>Kong</strong> practitioners may envisage. <strong>The</strong>re is<br />
a great variety <strong>of</strong> legal works here, ranging<br />
from foreign direct investment, merger and<br />
acquisition transactions, entertainment,<br />
properties, intellectual properties, litigation,<br />
to securities, banking and anti-dumping<br />
practices. <strong>The</strong> legal works are very<br />
challenging and interesting to me.<br />
My law firm also <strong>of</strong>fers “free lunch” to<br />
its staff. This is inconceivable to some<br />
<strong>Hong</strong> <strong>Kong</strong> lawyers. <strong>The</strong>re is a big<br />
canteen inside the building where our law<br />
firm is located <strong>of</strong>fering three meals daily.<br />
<strong>The</strong> breakfast is marvelous, with milk, soya<br />
milk and yogurt and different kinds <strong>of</strong><br />
bread <strong>of</strong>fered at a very low price. <strong>The</strong><br />
lunch is <strong>of</strong>fered free-<strong>of</strong>-charge and serves<br />
six courses <strong>of</strong> dishes, six courses <strong>of</strong> salad<br />
with four salad dressing, fruit, rice, bread<br />
and soups. Free dinner and transportation<br />
are also provided if I have to work overtime<br />
after 8pm during weekdays. <strong>The</strong> law firm<br />
also provides a small “wardrobe” so that I<br />
only need to change to my ‘formal’<br />
clothing after returning to <strong>of</strong>fice every<br />
morning.<br />
<strong>The</strong> legal practice for Chinese laws is<br />
very different from that in <strong>Hong</strong> <strong>Kong</strong>.<br />
<strong>The</strong>re are lots <strong>of</strong> uncertainties when we<br />
give legal advice to clients wishing to do<br />
business here. <strong>The</strong> laws and policies<br />
develop quickly and a lot <strong>of</strong> conflicts arise<br />
between the laws and policies issued by<br />
the state and local governmental<br />
authorities. As there is no precedent<br />
system in China, each judge is entitled to<br />
have his or her own view and it is hard to<br />
predict the outcome <strong>of</strong> litigation. Whenever<br />
the laws and policies contain ‘unclear’<br />
procedures, my colleagues have to call up<br />
local governmental authorities for<br />
consultation from time to time. <strong>The</strong><br />
outcomes <strong>of</strong> such consultations are<br />
difficult to predict, as different local<br />
governmental authorities have different<br />
practices and inconsistencies are virtually<br />
unavoidable. Nevertheless, the laws and<br />
policies have improved substantially if we<br />
compare them with those laws and<br />
policies adopted several years ago. <strong>The</strong><br />
laws and policies will definitely improve<br />
gradually, making the works <strong>of</strong> lawyers<br />
easier in future.<br />
In Memory <strong>of</strong> Annabella Wong Alice Choy (LLB 1986, PCLL 1987)<br />
Alice Choy (LLB 1986, PCLL 1987), shares with us the<br />
memory <strong>of</strong> her good friend and classmate Annabella Wong<br />
(LLB 1986, PCLL 1987), who passed away in September 2004.<br />
Annabella is well known to many <strong>of</strong> our alumni graduating<br />
in the mid-80s.<br />
I would never have expected that the latest gathering for my old<br />
classmates and friends in the university was the funeral <strong>of</strong><br />
Annabella, who passed away in September 2004 at the golden<br />
age <strong>of</strong> 39. More than one third <strong>of</strong> the LLB classmates in my year<br />
and others who worked closely with Annabella during her<br />
lifetime attended the funeral, paying their last tribute and<br />
farewell to her.<br />
Annabella had been suffering from liver cancer for some<br />
years. During her treatment period, she demonstrated her<br />
enthusiasm for life. She endured the pain <strong>of</strong> the treatment and<br />
never lost hope in her recovery. She once told me that while she<br />
was receiving treatment in the hospital and hearing a 70-yearold<br />
lady complaining how the pain <strong>of</strong> cancer tortured her,<br />
Annabella replied that she hoped to live as old as 70 years and<br />
<strong>The</strong> photo was taken in Beijing during the study tour organized by the<br />
HKU Student Union to Beijing in our first summer vacation in 1984.<br />
First row: In the middle, in yellow T-shirt and white skirt, Annabella Wong;<br />
next to her, in red T-shirt and white skit, me. Second from the right, Benny<br />
Tai. All <strong>of</strong> LLB 1986.<br />
I enjoy living and working in Beijing<br />
though I miss my other family members<br />
and my friends in <strong>Hong</strong> <strong>Kong</strong>. However,<br />
the world is becoming much smaller now<br />
and I have friends coming to Beijing<br />
frequently, either for business or leisure.<br />
Given the closer relationship between<br />
<strong>Hong</strong> <strong>Kong</strong> and Beijing in future, a ‘<strong>Hong</strong><br />
<strong>Kong</strong> immigrant’ like me should not feel<br />
alone in Beijing, if he or she has the<br />
determination to adapt to the local<br />
environment and is more appreciative <strong>of</strong><br />
the ‘good’ side <strong>of</strong> living here. Both <strong>Hong</strong><br />
<strong>Kong</strong> and Beijing are my homes now. It is<br />
a blessing to live in these two cities and<br />
both <strong>of</strong> them give me this feeling <strong>of</strong><br />
“Home. Sweet Home”.<br />
This photo was taken<br />
at an outing activity<br />
organized by my firm<br />
in last September. <strong>The</strong><br />
law firm <strong>of</strong>fers at least<br />
one free <strong>of</strong> charge<br />
outing activity for all<br />
staff each year.<br />
would not mind having to endure all those physical suffering.<br />
Annabella has endured a lot, but she did not live long.<br />
Annabella always had a clear vision ever since I knew her in<br />
our LLB first year. She joined the “Society <strong>of</strong> China Study (<br />
)” with a keen interest to know more about the Mainland.<br />
She participated in many exchange visits to the Mainland and<br />
studied a lot about China in her university days. We joined a<br />
study tour <strong>of</strong> the Student Union to Beijing and the eastern part<br />
<strong>of</strong> the Mainland during our first year summer vacation. That was<br />
our first visit to Beijing. We took great interest in understanding<br />
the legal and political systems <strong>of</strong> the Mainland. Since then,<br />
Annabella always hoped to take part in the development <strong>of</strong> her<br />
own country, particularly in its legal system.<br />
In the mid-nineties, Annabella enrolled and completed the<br />
new MBA course launched by the Zhongshan <strong>University</strong> in<br />
Guangzhou. In 2000, she obtained a PhD in law from the Renmin<br />
<strong>University</strong> <strong>of</strong> China. Notwithstanding her busy work and study<br />
schedules, she traveled to different Chinese provinces and cities<br />
to participate in seminars and conferences and share her<br />
experience in legal practice.<br />
Among her tight schedules, Annabella had her own way <strong>of</strong><br />
appreciating life. She had practised horse-riding since<br />
graduation. Despite minor accidents in her horse-riding, she<br />
never give up her favourite hobby. She spent many holidays in<br />
New Zealand horse-riding in beautiful beaches. Annabella also<br />
took great interest in tab dancing and spent nights after work<br />
practising tab dancing whole-heartedly. Annabella showed her<br />
strength and persistence even in her hobbies.<br />
I still vividly remember meeting Annabella in a car park at<br />
Admiralty years ago, when she just got <strong>of</strong>f from her motorbike in<br />
work suit, took <strong>of</strong>f her helmet and tidied her long waving hair. She<br />
used to go to <strong>of</strong>fice by motorbike. I would never forget the passion<br />
and vitality glittering in her smiling eyes on that encounter.<br />
To me, Annabella had endless energy and great interests for<br />
life. She had clear vision <strong>of</strong> her goals and would use her best<br />
endeavours to do everything well, both in her job and hobbies.<br />
Annabella had also made consistent efforts to realize her<br />
dreams. I will always remember and miss her cheerful smiles <strong>of</strong><br />
determination and optimism.<br />
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