Law Conflict of Laws

An Introduction to the Conflict of Laws in Hong Kong (Student Edition)

Edited by Alan Gibb · Richard Morris · King Fung Tsang
LexisNexis Hong Kong_ September 2017

Specifications

ISBN-13
9789888389667
Publisher
LexisNexis Hong Kong_
Publication
September 2017
Format
Paperback , 205 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

An introduction to the fundamental principles of Hong Kong conflict of laws rules

A high percentage of Hong Kong cases involve a party from outside of Hong Kong, and there is often a strong desire from one of the parties for Hong Kong law to apply to that dispute. Many people also keep substantial assets in Hong Kong and thus it is frequently the case that a plaintiff who has been successful in foreign proceedings will want to enforce this judgment in Hong Kong. Therefore, where a legal dispute in Hong Kong has a foreign element, important issues that can arise are: does Hong Kong law or a foreign law apply and should the dispute be heard in Hong Kong or in a foreign jurisdiction? In addition, if the case goes ahead in a foreign country can this judgment be enforced in Hong Kong? These are some of the significant issues that the rules on conflict of laws are designed to resolve.

As Hong Kong conflict of laws rules are based on English common law rules (which have largely been replaced with European rules that have little relevance in Hong Kong), it can be difficult to find sources on this topic aside from older editions of English textbooks. This textbook is designed to address these issues by setting out in a clear, easy to read style the fundamental principles of the subject in a Hong Kong context. Its principal aim is to provide a good basic understanding of the subject which will then enable the reader to develop more specialist knowledge.

 

Remarks: Student Edition is only sold to Hong Kong local university students. Please place your order first and email a scan copy of your student card to [email protected] for order processing. 

Table of Contents

Chapter 1 Service Out of the Jurisdiction
Chapter 2 Challenging Jurisdiction
Chapter 3 Injunctions in Transnational Disputes
Chapter 4 Enforcement of Foreign Judgments
Chapter 5 Basic Principles of Choice of Law
Chapter 6 Choice of Law in Torts
Chapter 7 Choice of Law in Contract
Chapter 8 Domicile
Chapter 9 Recognition of Foreign Marriages

About the Author

Alan Gibb
LLB Queens University Belfast
Barrister (England and Northern Ireland)
Professional Consultant, Faculty of Law, The Chinese University of Hong Kong

Richard Morris
MA Jurisprudence, Lincoln College, Oxford University
MA Theatre Practices, Manchester University
Solicitor of the Supreme Courts of England and Wales and of Hong Kong
(non-practising)
Notary Public (Hong Kong) (non-practising)
Professional Consultant, Associate Dean for Alumni and Professional
Relations, Faculty of Law, The Chinese University of Hong Kong

King Fung Tsang
SJD (Georgetown)
JD, LLM (Columbia)
LLM (UCL)
LLB, PCLL (HKU)
Admitted to practice law in the State of New York, England & Wales and
Hong Kong
Assistant Professor, Faculty of Law, The Chinese University of Hong Kong

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