This textbook sets out in a clear, easy to read style the fundamental principles of conflict of laws in a Hong Kong context with emphasis on recent Hong Kong cases.
The conflict of laws is a subject with which all Hong Kong lawyers need to be familiar. However, while texts such as Johnston’s The Conflict of Laws in Hong Kong and (earlier editions of) Dicey & Morris’ The Conflict of Laws provide detailed and in-depth coverage of the subject, we have long lacked an introductory textbook to this subject that covers it from a Hong Kong perspective, so as to make the subject accessible to those coming to it for the first time. The aim of this book is to fill that gap.
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 text book 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 a more specialist knowledge of the subject.
What’s New in this Edition?
Apart from enhanced chapters on forum non conveniens and anti-suit injunctions, the new edition also contains a rewritten chapter on enforcement of foreign judgments with particular reference to the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance, a very important legislative change to ensure easier enforcement of Mainland judgments in Hong Kong.
