Essays On Aviation And Travel Law In Hong Kong

A collection of essays by legal professionals on various topics relating to aviation and travel law in Hong Kong, including pricing of air travel, airlines legal relations with travel agents, airport security, aerial crime and hijacking, and aircraft accident investigation.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Hong Kong. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Hong Kong. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.

The history of the Faculty of Law at HKU is in many ways the history of the law in modern Hong Kong. Founded in 1969, the Faculty has helped transform a colonial legal backwater into a flourishing jurisdiction, in which Hong Kong maintains its common law system as a special administrative region of the People’s Republic of China. The Faculty has played a vital part in fostering a legal profession firmly rooted in Hong Kong, functioning in both Chinese and English. Its early teachers pioneered scholarship on Hong Kong law. Its graduates now make up over half of Hong Kong’s Judiciary and legal profession. Over the years the Faculty has earned worldwide recognition as a centre of research in subjects ranging from human rights to financial regulation. Published to mark the Golden Jubilee, this book traces the Faculty’s rise from humble origins to its position as one of the world’s leading law schools. Drawing on archives, publications and interviews, the book explores the growth of the Faculty against the momentous events of the past 50 years. The first two chapters examine the Faculty’s prehistory when, for over a hundred years, most of Hong Kong’s lawyers were trained in England. The remaining six chapters explore alternately the Faculty’s internal history and its role in building Hong Kong’s modern legal system. ‘Dr Munn traces the Faculty of Law’s fascinating journey over half a century. From a modest beginning, it has developed into one of the finest law schools in the world. The story is told in the context of the historic events and momentous changes of this era. This illuminating and outstanding work deserves to be widely read.’ —The Hon. Andrew Li, First Chief Justice of the HKSAR (1997–2010) ‘Christopher Munn’s history of the Faculty of Law is more than the history of a remarkable educational institution—it is a history of how the law and legal culture in Hong Kong developed from modest mid-nineteenth-century colonial beginnings to its present pre-eminent position. Clearly composed in lively prose, this book is essential reading for anyone who seeks to understand modern Hong Kong and its place in the world today.’ —The Rt Hon. Beverley McLachlin, Chief Justice of Canada (2000–2017)

On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People’s Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong’s economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong’s Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan’s constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong’s free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of ‘unchanged’ capitalist system under the Basic Law pass. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.