The Conflict of Laws in Hong Kong, 3rd Edition


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The Conflict of Laws in Hong Kong
Mar 2017

ProView eBook
978 962 66196 7 4

The divergence of English and Hong Kong law on Conflicts

The 3rd edition of The Conflicts of Law in Hong Kong is pertinent to the determination of governing law, jurisdiction and related issues in cases with a cross-border element in Hong Kong. As a result of the adoption by the United Kingdom of EC law on conflicts, there is a growing body of Hong Kong case law diverging from UK case law.

Analysis of new Hong Kong cases

It has been five years since the previous edition, and there have been significant changes to the area of law which have since been captured.

The most significant developments include 40 new Hong Kong cases which clarify significant aspects of law, these include:
First Laser Ltd v Fujian Enterprises (Holdings) Co Ltd (CFA), confirming that estoppel by convention is a matter of substance not procedure;
Ryder Industries v Chan Shui Woo dealing with the correct approach to illegality in a contract governed by non-Hong Kong law;
SPH v SA, confirming that the concept of forum non conveniens applies to stays of matrimonial proceedings.
W v C and ZC v CN on the correct approach to determination of domicile under the 2006 Domicile Ordinance.