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Butterworths Hong Kong Copyright Law Handbook, 6th Edition

By Jang Sae-Pang
LexisNexis Hong Kong November 2024

Specifications

ISBN-13
9789888863877
Publisher
LexisNexis Hong Kong
Publication
November 2024
Format
Paperback
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

The Butterworths Hong Kong Copyright Law Handbook - Sixth Edition is a comprehensive and authoritative reference work, offering the latest materials pertaining to the Copyright Ordinance (Cap 528) alongside its relevant subsidiary legislation.

This is a verbatim text of the Ordinance, accompanied by elucidating annotations for each section, seminal judicial pronouncements, pertinent rules of court, and definitions of lexical constructs and phraseology, in addition to expert commentary and enactment notes. The sixth edition encompasses a thorough examination of the Copyright (Amendment) Ordinance 2020, along with comprehensive coverage of the Copyright Tribunal and cross-jurisdictional 
references.

The text is presented succinctly as an invaluable resource for legal practitioners, in-house counsels, executives in media and publishing companies, academics, students, and those engaged or interested in Hong Kong copyright law. Notably, the Handbook series has been cited as an authoritative source in over one hundred court cases in the Hong Kong Court of First Instance, Court of Appeal, and Court of Final Appeal.

 

Proficiency in equity is essential for Hong Kong lawyers, particularly in commercial law and estate planning, where a mastery of trust principles is indispensable. This new edition uniquely references Hong Kong court decisions, addressing frequent disputes in trustee-beneficiary relationships and offering valuable jurisprudence for practitioners. Presented in a user-friendly format and language, it features clear principles illustrated by recent judicial decisions, especially from Hong Kong, with concise case law analysis. This sixth edition not only aids practitioners but also stands as a significant contribution to the coherent development of equitable principles and the administration of justice in common law jurisdictions.

 

Some key highlights include:                                                                         

  • Chapter 3: Equitable Interests and Priorities - Winland Finance v Gain Hero Finance [2022] HKCFA 3, (2022) 25 HKCFAR 17 - Deposition of title deed by a borrower to a lender to secure the proceeds of the property sale created no equitable interest in land. 
  • Chapter 4: Assignments - Liang Ying v Wong Sze Man [2023] 4 HKLRD 749   - Illustrates that gifts of chattels must be made by actual delivery. 
  • Chapter 5: Estoppel - Tsang Shu Wo v Person Unknown in Occupation of Lot No 2643RP in DD 120, Yuen Long [2023] 4 HKC 226 (CA) - New section on ‘Tenancy by Estoppel’. 
  • Chapter 8: Breach of Confidence - Yip Wai Tak Vivian v Lee Ka Wo Esmond [2023] 2 HKLRD 12   - Defined what qualifies as confidential information. 
  • Chapter 14: Express Trust - Trust Arbitration: New section added to discuss developing area and proposals in jurisdictions like Jersey and Cayman Islands. 
  • Chapter 15: The Variation and Termination of Trusts - Statutory Variation - Man Tai Sang v Man Luk Sing [2023] HKCFI 1423, [2023] 5 HKC 323, [2023] 3 HKLRD 869 
  • Chapter 18: Constructive Trust -Common Intention Constructive Trust - New focus on 'shared intention' approach in Chinese settings. Ho Kwok Wing v Chan Mei Mui [2020] 3 HKLRD 548 
  • Chapter 25: Declaration- Principles and Authority Memoran Co Ltd v Mei Hing Mansion (IO) [2023] HKCA 841

Table of Contents

1 Nature, History and Maxims of Equity
2 Jurisdiction and Power
3 Equitable Interests and Priorities
4 Assignments
5 Estoppel
6 Fiduciary Obligations
7 Unconscionable Transactions
8 Penalties and Forfeiture
9 Breach of Confidence
10 Subrogation
11 Contribution
12 Minor Doctrines
13 The Nature of Trusts
14 Express Trusts
15 The Variation and Termination of Trusts
16 Charitable Trusts
17 Resulting Trusts
18 Constructive Trusts
19 The Trustee
20 Rights of the Beneficiary
21 Specific Trustees
22 Equitable Defences
23 Specific Performance
24 Injunctions
25 Declarations
26 Damages in Equity
27 Minor Remedies

About the Author

Lincoln Cheung

Before Lincoln Cheung was called to the Bar, he had worked in various financial institutions including the Goldman Sachs (Asia) LLC and the Bank of China (HK) since 2001. Lincoln was a Legal Trainee (Barrister) of the Department of Justice (DoJ) and upon the completion of his pupillages, Lincoln joined Tower Chambers in 2010. Lincoln’s practice comprises litigation and advisory work in various civil matters, with particular emphasis on commercial dispute, liquidation proceedings, company and shareholders' dispute and property litigation.

Kin Lau

Kin Lau was called to the Bar in 2019 and is a member of Tower Chambers. After He obtained his PCLL from the University of Hong Kong in 2017, Kin went on to study abroad and obtained his LLM in Competition, Innovation and Trade Law from LSE in 2018.

Jason Kong

Jason Kung was called to Bar in 2019 and is a member of Tower Chambers. He obtained his LLB and PCLL from the University of Hong Kong.

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