Reforming Reference

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As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission

This book offers an in-depth study of the historical background to China's economic reforms and analyzes the reforms process with reference to the experiences of different countries. It studies the resultant changes in belief and ideology as well as the c

Enrich Series on China's Economic Reform provides a comprehensive analysis of China's 30-year process of economic reform. Based on an analysis of the interplay between theory and implementation, this volume, Reforming China: Theoretical Framework, outline

The Protestant Reformation of 1560 is widely acknowledged as being a watershed moment in Scottish history. However, whilst the antecedents of the reform movement have been widely explored, the actual process of establishing a reformed church in the parishes in the decades following 1560 has been largely ignored. This book helps remedy the situation by examining the foundation of the reformed church and the impact of Protestant discipline in the parishes of Fife. In early modern Scotland, Fife was both a distinct and important region, containing a preponderance of coastal burghs as well as St Andrews, the ecclesiastical capital of medieval Scotland. It also contained many rural and inland parishes, making it an ideal case study for analysing the course of religious reform in diverse communities. Nevertheless, the focus is on the Reformation, rather than on the county, and the book consistently places Fife's experience in the wider Scottish, British and European context. Based on a wide range of under-utilised sources, especially kirk session minutes, the study's focus is on the grass-roots religious life of the parish, rather than the more familiar themes of church politics and theology. It evaluates the success of the reformers in affecting both institutional and ideological change, and provides a detailed account of the workings of the reformed church, and its impact on ordinary people. In so doing it addresses important questions regarding the timescale and geographical patterns of reform, and how such dramatic religious change succeeded and endured without violence, or indeed, widespread opposition.

This report examines the economic principles for efficient systems of taxation and provides a framework for international comparisons of transport taxes and charges.

Reforming Modernity is a sweeping intellectual history and philosophical reflection built around the work of the Morocco-based philosopher Abdurrahman Taha, one of the most significant philosophers in the Islamic world since the colonial era. Wael B. Hallaq contends that Taha is at the forefront of forging a new, non-Western-centric philosophical tradition. He explores how Taha’s philosophical project sheds light on recent intellectual currents in the Islamic world and puts forth a formidable critique of Western and Islamic modernities. Hallaq argues that Taha’s project departs from—but leaves behind—the epistemological grounds in which most modern Muslim intellectuals have anchored their programs. Taha systematically rejects the modes of thought that have dominated the Muslim intellectual scene since the beginning of the twentieth century—nationalism, Marxism, secularism, political Islamism, and liberalism. Instead, he provides alternative ways of thinking, forcefully and virtuosically developing an ethical system with a view toward reforming existing modernities. Hallaq analyzes the ethical thread that runs throughout Taha’s oeuvre, illuminating how Taha weaves it into a discursive engagement with the central questions that plague modernity in both the West and the Muslim world. The first introduction to Taha’s ethical philosophy for Western audiences, Reforming Modernity presents his complex thought in an accessible way while engaging with it critically. Hallaq’s conversation with Taha’s work both proffers a cogent critique of modernity and points toward answers for its endemic and seemingly insoluble problems.

The European ministerial conference on human rights, meeting in Rome on the 50th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms, emphasised two crucial elements: - the responsibility of member states, Parties to the Convention, to ensure constantly that their law and practice conform to the Convention and to execute the judgments of the European Court of Human Rights; - that urgent measures be taken to assist the Court in carrying out its functions, given the ever increasing number of applications. An in-depth reflection should be started as soon as possible on the various possibilities and options with a view to ensuring the effectiveness of the Court in the light of this new situation. The Rome conference has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention. This work has benefited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.