Wilson is Lecturer and Pre-Doctoral Fellow at the Faculty of Law of the University of Hong Kong.
呂致延，香港大學法律學院講師、博士前研究員。香港大學文學士及法學士，劍橋大學法律碩士，牛津大學語言、文字及語音學哲學碩士。英國特許語言學會特許語言師、英國特許仲裁員協會院士及香港仲裁師協會資深會員。其編著有Direct Jurisdiction: Asian Perspectives (Hart Publishing, 2021)（《直接管轄權：亞洲視角》，哈特出版社，2021年），另經著名學術出版社出版書籍章節及期刊論文十餘篇。他現正撰寫一本深入探討香港國際私法的專著。他亦經常於國際會議發表（或獲邀發表）論文。他開設有關國際私法、法律語言及法用中文的課程，並教授本科生及研究生。他亦擔任法律期刊編輯及模擬法庭比賽評判。他的研究興趣涵蓋法律、語言學、高等教育及三者的相互關係和影響，包括國際私法（衝突法）、爭議解決、法律與語言、句法學、法律教育等。如有任何研究、出版及發言的查詢，歡迎電郵至 info [at] luiwilson.com.
The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
The Equal Opportunities Commission (EOC), established in 1996, investigates and seeks to resolve disputes arising in connection with Hong Kong’s anti-discrimination ordinances. Its complaint-handling process involves recourse to conciliation, investigation and litigation. The EOC thus provides a hybrid multi-tier dispute resolution service. If conciliation fails, the EOC may investigate and eventually assist a person to pursue in court a complaint which is thought to merit further action. This chapter asks how the EOC can maintain neutrality and confidentiality when discharging its respective functions of conciliator, investigator and litigator in the same matter, without becoming entangled in actual or potential conflicts of interest. It examines how similar institutions in the United States, the United Kingdom and elsewhere have sought (or not) to resolve the tension in their roles when handling discrimination complaints. It then discusses recommendations and their underlying rationale for reconciling the EOC’s seemingly conflicting roles, in order to effectively resolve discrimination complaints and bridge the long-standing gap in public perception.
This article explores the essential and recommended features of a student-oriented model of academic publishing, and provides valuable case studies in the Hong Kong legal academic publishing context by looking at the Hong Kong Journal of Legal Studies and the City University of Hong Kong Law Review. It is argued that student-oriented publishing can thrive in its own right and is complementary, rather than inferior, to publications run by senior academics and practitioners. Student-oriented publishing encourages students to publish as authors and equips student editors with professional and personal skills. Moreover, student-oriented law journals benefit both the professional and the academic communities.
This article discusses the justifications for granting indemnity costs orders following unsuccessful challenges to the courts in respect of arbitral awards. It then contrasts the approach of Hong Kong courts, which regularly grant such orders, and the more conservative approach of the Singapore courts and of the Singapore International Commercial Court.