Hong Kong Private International Law

This book provides a clear and authoritative exposition of Hong Kong private international law on issues of jurisdiction, choice of law, recognition and enforcement, arbitration, and inter-regional and international harmonisation. It covers questions of private international law that may arise in a wide range of areas of law, including the law of obligations, the law of property, intellectual property law, family law, company law, insolvency law, bankruptcy law, competition law, arbitration law, and admiralty law. It also contains a detailed discussion of jurisdiction, arbitration, dispute resolution, and choice of law clauses.

The book focuses on the practical issues, with an emphasis on the rapidly developing local jurisprudence over the recent years. It also considers theoretical insights and suggestions for law reform when appropriate. Moreover, it systematically analyses the private international law issues arising out of inter-regional cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao SAR on the other.

This volume is a one-stop reference guide to Hong Kong private international law and will be indispensable to judges, practitioners and scholars in Hong Kong, the Greater China, Asia, and worldwide.

table of content

Foreword

Preface

 

Part I - Introduction

1. The Subject Matter of Private International Law

2. Sources of Private International Law in Hong Kong

3. History of Private International Law in Hong Kong

5. Connecting Factors

6. Substance and Procedure

7. Foreign Law

8. Evidence

9. Mandatory Rules, Ordre Public, Public Law, and the Evasion of Law

 

Part II - Jurisdiction

10. Jurisdiction in personam

11. Jurisdiction and Dispute Resolution Agreements

12. Special Rules

13. Jurisdiction in Shipping Claims

14. Immunities From Jurisdiction

 

Part III - Choice of Law

15. Choice of Law Agreements (Governing Law Clauses)

16. Law of Obligations

17. Law of Property

18. Intellectual Property

19. Family Law

20. Law of Corporations and Insolvency

21. Law of Bankruptcy

22. Competition Law

 

Part IV - Recognition and Enforcement of Foreign Judgments and Orders

23. Recognition

24. Enforcement

 

Part V - Arbitration

25. International Commercial Arbitration in Hong Kong

26. Arbitration and Insolvency: The Hong Kong Approach

 

Part VI - Inter-regional Private International Law

27. Private International Law Issues Between Hong Kong and Other Inter-regional Jurisdictions

28. Mutual Legal Assistance Between Hong Kong and Other Inter-regional Jurisdictions

 

Part VII - The Harmonisation of Private International Law

29. Hong Kong and International Organisations

30. The Future of Private International Law in Hong Kong