The Conflict of Laws in Hong Kong, Second Edition


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The Conflict of Laws in Hong Kong, Second Edition

Aug 2012

Print & eBook



Cited with approval (First Edition) by the CFA

The CFA in First Laser Ltd v Fujian Enterprises (Holdings) Co Ltd, (unrep., FACV 6/2011, 6 July 2012), confirmed that estoppel by convention is a matter of substance in the conflict of laws, endorsing the view to that effect expressed in the first edition of this work and elsewhere.
Written by a highly regarded and well-known author, Mr. Graeme Johnston
The Conflict of Laws in Hong Kong, Second Edition is an authoritative and comprehensive guide to the body of law which governs the approach of the Hong Kong civil courts to the determination of governing law, jurisdiction and related issues in cases with a cross-border element (including mainland China and Taiwan as well as foreign countries).  The Hong Kong courts' approach was originally based on English law but has diverged significantly as a result of statutory changes, a growing body of Hong Kong case law and even a constitutional interpretation by the National People’s Congress. As a result, it can be very hard for even a specialist to work out the precise position under Hong Kong law.
 Completely up-to-date, reflecting all significant developments since the first edition
  • An entirely new chapter on the conflict of laws aspects of arbitration, taking account of the new Arbitration Ordinance
  • Detailed analysis of the important post-2005 statutes affecting domicile and the cross-border enforcement of judgments
  • Full consideration of the law on state immunity following FG Hemisphere and Intraline, including issues such as waiver and state owned enterprises
  • The impact of the civil justice reforms, including the new regime on injunctions in support of foreign proceedings (replacing the Leiduck rule)
Authoritatively cited in court, comprehensive coverage with practical and detailed analysis covering the classic conflict of laws topics
  • Choice of law
  • Jurisdiction
  • Enforcement of judgments
Includes detailed discussions of approaches within particular legal contexts
  • Contract, tort, company law, property law, family law, insolvency and estates



Hong Kong
United Kingdom