Tort Law and Practice in Hong Kong, 4th Edition

Author: The Honourable Justice Bokhary; Neville Sarony QC, SC
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789888590940
Published In: December 2023
Format: Hardback , 1377 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Five years have passed since the previous edition of TLP. In that time there have been systemic legal and societal developments. We are in a time of change. Hong Kong has been a pioneer in establishing the principles for internet defamation. In Robinson, the Supreme Court of the United Kingdom, restated the test for a new duty of care. At the same time, it emphasised that government is subject to conventional tort law analysis. That means greater governmental accountability. Jurisdictions have revis+ited the core principles of vicarious liability. In the 20th century, tort law regulated industrialisation. In the 21st century, tort law will be shaped by the digital economy. The new edition of TLP both incorporates developments and makes a foray into digital torts. The changes include:

- Ch 1 on nature of torts confronts the new paradigm of digital torts and the emergence of government liability.

- Ch 3 considers how vicarious liability is moving beyond its traditional confines of an employment relationship and the revitalised role of non-delegable duties in a sharing economy.

- Ch 4 on negligence looks at how the test for a new duty of care is evolving in different jurisdictions and what new duties are claimed

- Ch6 on trespass to person expands on the issue of consent

- Ch 13 on rylands v fletcher considers the potential for strict liability torts re-emerging

- Ch 15 on breach of statutory duty incorporates the Australian approach

- Ch 20 on defamation recognises that most defamation is now online and the critical is becoming when an internet intermediary is liable.

- Ch 24 on professional liability adds a number of professions

- Ch 32 on misfeasance has been expanded into a chapter on public authority torts

- A number of chapters have been tightened
1. Nature of Tort Law, by Nathan Tambyln
2. Causation, by Alexandra Norton
3. Vicarious Liability, by Neville Sarony QC, SC
4. Negligence, by Prof DK Srivastava, Charu Sharma and Nancy Leung
5. Anti-Discrimination, by Peter Reading
6. Trespass to the Person, by Normann Witzleb
7. Wrongful Interference with Goods, by Charu Sharma
8. Product Liability, by Christopher Tung
9. Animals, by Neerav Srivastava
10. Trespass to Land, by Alan Kwong
11. Occupier’s Liability, by Ashok Sakhrani
12. Nuisance, by Alan Kwong
13. Rylands v Fletcher, by Normann Witzleb
14. Environmental Torts, by M.J. Anthony Cooray
15. Breach of Statutory Duty, by Tim Kwok
16. Economic Torts, by Normann Witzleb
17. Statutory Intellectual Property Rights, by Alice Lee & Kenny Wong
18. Passing Off, by Alice Lee & Kenny Wong
19. Breach of Confidence, by Alice Lee & Kenny Wong
20. Internet Torts, by Chun Wai Ling
21. Defamation, by Tommy Cheung & John Hui
22. Malicious Falsehood, by Robert Clark
23. Deceit, by Isaac Yung
24. Professional Liability, by Gary Soo, Nicholas Pirie, Martin Rogers
25. Defences, by Fergus Chan
26. Damages, by PY Lo
27. Foreign Torts, by Sherman Yan
28. Discharge of Torts, by Ashok Sakhrani
29. Limitation, by Thomas Wong & Jeff Chan
30. Injunctions, by Shrina Daswani
31. Privacy, by Stefan Lo
32. Misfeasance in Public Office, by Michael Ramsden & Peter Chang
Editor in Chief: The Honourable Justice Bokhary

General editors: Neville Sarony QC, SC; Prof DK Srivastava; Neerav Srivastava

Contributors:

Alan Kwong

Barrister-at-law, Des Voeux Chambers

Alexandra Norton

Principal Lecturer, Department of Professional Legal Education, Faculty of Law, University of Hong Kong

Alice Lee

Associate Professor of Law, Faculty of Law, University of Hong Kong

Ashok Sakhrani

Barrister-at-law, Bernacchi Chambers

Charu Sharma

Associate Professor & Associate Dean (Student Initiatives), OP Jindal Global Law School, India

Christopher Tung

Partner, K&L Gates

Chun Wai Ling

Barrister-at-law, Des Voeux Chambers

DK Srivastava

Formerly Professor, Law School, City University of Hong Kong and Pro Vice Chancellor, OP Jindal Global University

Fergus Chan

Barrister-at-law, Prince’s Chambers

Gary Soo

Barrister-at-law, Gary Soo's Chambers

Isaac Yung

Barrister-at-law, Pantheon Chambers

Jeff Chan

Barrister-at-law, Rede Chambers

John Hui

Barrister-at-law, Des Voeux Chambers

Kenny Wong

Counsel, Hogan Lovells

M.J. Anthony Cooray

Professor, School of Law, City University, London

Martin Rogers

Partner, Davis Polk & Wardwell

Michael Ramsden

Professor, Faculty of Law, The Chinese University of Hong Kong

Nathan Tamblyn

Associate Professor of the Common Law, University of Exeter

Neerav Srivastava

Monash University

Neville Sarony QC SC

Barrister-at-law, ∏ Chambers

Nicholas Pirie

Barrister-at-law, Wyndham Chambers

Normann Witzleb

Associate Professor, Faculty of Law, The Chinese University of Hong Kong

Peter Chang

Knowledge Lawyer, Freshfields Bruckhaus Deringer

P Y Lo

Barrister-at-law, Nanyang Chambers

Peter Reading

Senior Legal Counsel, Equal Opportunities Commission

Robert Clark

Formerly Partner, Deacons

Sherman Yan

Managing Partner; Head of Litigation, ONC Lawyers

Shrina Daswani

Counsel, Hong Kong Judicial Institute

Stefan Lo

Principal Lecturer, Faculty of Law, University of Hong Kong

Thomas Wong

Barrister-at-law, Denis Chang’s Chambers

Tim Kwok

Barrister-at-law, Denis Chang’s Chambers

Tommy Cheung

Barrister-at-law, Des Voeux Chambers