the hong kong academy of law was incorporated on 2 ... · family law six courses were conducted on...
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AIMS
Hong Kong Academy of Law Limited (“Academy”) was incorporated on 2 September
2008 as a company limited by guarantee and its charitable status was confirmed by the
Inland Revenue Department shortly after its incorporation.
The Academy is promoted by The Law Society of Hong Kong (“Society”) and is
dedicated to reaching out and promoting law through education and training to the
Society Members and to the local and international communities.
The main aims of the Academy are:
(i) to raise public awareness of the rule of law and other core values of the legal
profession;
(ii) to enhance public interest in the learning of law and to promote law as a “public
profession”;
(iii) to nurture social awareness of the connection between law and other community
development; and
(iv) to provide pathway guidance to law students and quality development
programmes for the profession.
COURSES CONDUCTED
In fulfillment of its aims, the Academy conducted 352 Continuing Professional
Development (“CPD”) and Risk Management Education (“RME”) courses during the
year which were presented by 118 presenters and attended by 16,807 participants.
The courses may be broken down into the following categories:
(i) Seminars on new or amended legislation and legal developments. These included
seminars on the Anti-Money Laundering and Counter-Terrorist Financing
Ordinance Cap .615 (“AMLO”), the revised Practice Direction P (“PD P”), the
Companies (Amendment) Ordinance 2018, the Apology Ordinance Cap. 631, the
draft Children Proceedings (Parental Responsibility) Bill, the Mandatory
Statutory Adjudication and Security of Payment Law for the Construction
Industry, the Inland Revenue (Amendment)(No. 6) Bill, the new UK Corporate
Governance Code, proposed changes to the Hong Kong International
Arbitration Centre (“HKIAC”) Administered Arbitration Rules, the regime for
listing new economy companies with weighted voting rights structures, new
secondary listing route for Chinese issues listed on qualifying exchanges.
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(ii) Updates on existing law and practice. These included updates on the Companies
Ordinance Cap.622, the Competition Ordinance Cap. 619, on personal injuries
claims, on the Property Management Services Ordinance Cap. 626, the Building
Management Ordinance Cap. 344, the Legal Aid Schemes, updated judgments
on intestate succession and testate succession, professional conduct cases, civil
justice reform, property fraud cases, updated global environment for use of trusts
and foundations in trust planning, insolvency recovery actions, current and
continuing liabilities and duties of listed company directors and compliance
requirements, issues relating to sanctioned offers and payments.
(iii) Apart from providing courses on new legislation and updates on existing law
and practice, the Academy provided courses covering different areas of practice
to empower practitioners to maintain their competitive edge in legal practice and
opportunities for networking and exchange of experiences with local, foreign
professionals, and to promote and explore new business opportunities. The
practice areas covered by the courses included arbitration, mediation, legal tech,
company, commercial and corporate finance, civil and criminal procedure,
family law, professional conduct, risk management, advocacy, constitutional and
human rights, personal injuries, probate and conveyancing.
Please click here for details of the presenters and the courses.
Some of the highlights of the courses are: Case Management The seminar “Case Management - the Common Problems for Discussion on Case
Management Hearing, Case Management Conference, Consolidation and Expert
Evidence Directions” addressed the problems encountered in conducting case
management hearings and conferences, and provided guidance on how to avoid
mistakes made in expert evidence directions. The speakers were Mr. Lung Kim-wan,
former Registrar of the High Court of Hong Kong, Master Andy Ho Chi-yin, Senior
Deputy Registrar and Master Herbert Au Yeung Ho-wing, of the High Court of Hong
Kong. Over 370 participants attended the seminar.
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Master Herbert Au Yeung Ho-wing (left), Registrar Lung Kim-wan (middle) and Master Andy Ho Chi-yin (right) spoke at the
seminar “Case Management - the Common Problems for Discussion on Case Management Hearing, Case Management
Conference, Consolidation and Expert Evidence Directions” on 25 August 2018. Arbitration The seminar “International Arbitration under the International Chamber of Commerce
(“ICC”) Rules” discussed how the ICC selected arbitrators for ICC cases, the distinctive
features of arbitration under the ICC Rules including procedure, evidence and scrutiny
of awards, the solicitors’ role as counsel in ICC arbitrations and what in-house counsel
and the parties they represented might expect of them. Over 120 participants attended
the seminar.
The “Roundtable Discussion on Arbitration” organized jointly with the Society and the HKIAC discussed proposed changes to the 2013 HKIAC Administered Arbitration Rules, key issues on appointment of arbitrators and risk management in arbitration. About 190 participants attended the roundtable discussion.
Mr. Denis Brock, Council Member and Member of the Arbitration Committee of the
Society discussed the various types of disputes between partners, the ways in which
disputes could be avoided and the modes of dispute resolution in two seminars entitled
“Arbitration for Partnership Disputes”. Mr. Huen Wong, Chairman of the Arbitration
Committee, Past President and former Council Member of Society was the moderator.
Over 140 participants attended the seminars.
Mr. Huen Wong, Chairman of the Arbitration Committee, Past President and former Council Member of the Society (left) and
Mr. Denis Brock, Council Member and Member of the Arbitration Committee (right) spoke at the seminars “Arbitration for
Partnership Disputes” on 17 July and 28 August 2018.
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Anti-Money Laundering (“AML”) Six RME courses on AMLO, AML and PD P updated in the light of AMLO were conducted. The courses discussed the role of the Financial Actions Task Force in combating AML and terrorist financing, the latest enforcement cases against the financial institutions instituted by the Hong Kong Monetary Authority, the Securities and Futures Commission and the Hong Kong Customs & Excise Department under AMLO and the statutory obligations of practitioners to carry out client due diligence and report suspicious transactions. A total of 640 participants attended the courses.
Mr. Raymond Leung, AML Officer of Deacons (left) and Mr. Alan Linning, Member of the AML Committee of the Society
(right) spoke at the “Seminar on the Updated Practice Direction P” on 29 October 2018.
Company Law The Companies (Amendment) Ordinance 2018 introduced requirements for companies to maintain a significant controller register (“SCR”) and a new licensing regime for trust or company service providers (“TCSPs”). Representatives from the Companies Registry and Ms. Judith Sihombing, Lecturer of the Chinese University of Hong Kong and the University of Hong Kong conducted two seminars to brief practitioners on the major statutory requirements for SCRs and TCSPs. Over 640 participants attended the seminars.
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Legal Tech
Nine seminars and 11 RME electives were conducted under the regular RME Programme on topics relating to legal tech. These included courses on Hong Kong e-Legislation; LawSociety Lexis, artificial intelligence, practical benefits of digital forensics for lawyers and cybersecurity. About 1,040 participants attended these courses.
Mr. Andrew Kwan, Founder and CEO of Outwhiz and Edore spoke at the seminar “Artificial Intelligence” on 30 October 2018.
Building Management A briefing session “Updates on the PMSO and the BMO” provided practitioners with an update on the PMSO and the BMO and related administrative measures. It discussed the establishment of the Property Management Services Authority and its power to collect a levy from the transferee of a property transaction. About 280 participants attended the briefing session.
Mr. Kevin Cheung, General Manager (Regulatory) of the Property Management Services Authority (“PMSA”) (first from the
left), Miss Vega Wong, Assistant Director of Home Affairs, Home Affairs Department, HKSAR Government (second from the
left), Mr. Tony Tse, Chairman of the PMSA (middle), Mr. W. K. Hong, Chief Assessor (Stamp Office) of the Inland Revenue
Department (“IRD”), HKSAR Government (second from the right) and Mr. Eddy Wong, Superintendent of Stamp Office
(Assignment) of the IRD, HKSAR Government (first from the right) spoke at the seminar “Updates on the PMSO and the
BMO” on 21 June 2018.
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The Society has established a panel of solicitors (“Panel”) to provide pro bono legal advisory services under the “Free Legal Advice Service on Building Management Programme” of the Home Affairs Department of the HKSAR Government. A Basic Course was conducted to provide practitioners seeking admission onto the Panel with foundational knowledge in property management. A Refresher Course was conducted to brief practitioners on the Panel on recent building management cases. About 60 practitioners participated in the Basic and Refresher Courses. Another course entitled “Integrity and Quality Building Management” raised practitioners’ awareness to the corruption problems and malpractices in relation to building management and an overview of the corruption preventive measures and the services of the Independent Commission Against Corruption. 77 participants attended the course.
Mediation
Five free sharing sessions were conducted on topics including construction mediation
and mock mediation; the Apology Ordinance, Cap. 631; how solicitors can prepare
clients on mediation; facilitative and evaluative mediation; mediation of disputes in
probate, family business, separation and divorce; child focused and child inclusive
mediation; and parenting coordination. Over 310 participants attended the sharing
sessions.
Ms. Yip Mei Sze, Clara, Accredited General Mediator, Family Mediator and Family Mediation Supervisor (left) and Mr. Lung
Gwun Ting, Bryan, Accredited General Mediator, Family Mediator and Family Mediation Supervisor (right) spoke at the
seminar “Mediation Cases Sharing and Parenting Coordination” on 27 November 2018.
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A workshop on “Evaluative Mediation Training” was conducted by Professor John
Wade, Emeritus Professor of Law of Bond University, Australia. The workshop
explored the different types and models of evaluative mediation and its benefits and
disadvantages, discussed how the participants could prepare for evaluative mediation,
the use of evaluative tools and skills in the mediation process in all types of disputes,
the risks associated with practising as an evaluative mediator and how such risks could
be minimized. 20 participants attended the workshop.
Professor John Wade, Emeritus Professor of Law of Bond University, Australia was the trainer of the workshop “Evaluative
Mediation Training” on 16, 17 and 18 November 2018.
Civil Advocacy
Professor Anselmo Reyes conducted a 2-day training course on civil practical advocacy
to improve and enhance the advocacy skills of practitioners in conducting interlocutory
applications and substantive trials. A half-day training course on civil written advocacy
was held following the course on civil practical advocacy. 13 participants and 15
participants attended the training courses on civil practical advocacy and civil written
advocacy respectively.
Professor Anselmo Reyes, Professor of Legal Practice, Faculty of Law of the University of Hong Kong and formerly Judge of
the Court of First Instance of the High Court conducted two training courses on civil practical advocacy and civil written
advocacy” on 27, 28 March and 10 April 2018 respectively.
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Family Law Six courses were conducted on family law with topics on trust and divorce, the concept of “Parental Responsibility and Rights” under the Children Proceedings (Parental Responsibility) Bill, drafting documents for injunctions against domestic violence and child protection, the law and practice of dealing with children issues in family courts, negotiation skills in family law practice and Practice and Procedure in Ancillary Relief / Financial Dispute Resolution (FDR). Over 340 participants attended the courses.
His Honour Judge C.K. Chan, Principal Family Court Judge of the Family Court, spoke at the seminar “Practice and
Procedure in Ancillary Relief / Financial Dispute Resolution (FDR)” on 1 September 2018.
Risk Management
A seminar entitled “Risk Management and Dealing with Claims Against Solicitors in
Litigation, Commercial and Conveyancing Practices” provided practitioners with an
overview of the operation of the Solicitors’ Professional Indemnity Scheme, the
coverage and exclusions set out in the Solicitors (Professional Indemnity) Rules
Cap.159M, and the recent trend of claims. The seminar alerted practitioners to the
pitfalls in handling litigation, commercial and conveyancing cases. About 120
participants attended the seminar.
13 law firms accredited under the Provider Accreditation Scheme of the Society
conducted courses on behalf of the Academy to the general membership of the Society.
Topics included managing data breach; AML and client due diligence; dispute resolution
clauses in cross border contracts; AML for lawyers and AMLO; conflicts of interest and
confidentiality; market conduct, misconduct and risk awareness; preventing workplace
harassment and discrimination; legal professional privilege; and avoiding claims and
other problems. About 1,450 participants attended these courses.
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Mr. Richard McKeown, Partner of Simmons & Simmons spoke at the seminar “AML for Lawyers: The New AML Amendment
Ordinance” on 18 October 2018.
Professional Conduct and Ethics The seminar “Guardian Role of Professional in Upholding Ethical Governance” apprised practitioners of their role in preventing corruption and upholding ethical governance. It discussed the relevant sections of the Prevention of Bribery Ordinance Cap. 201 applicable to practitioners in preventing corruption and other malpractices. About 120 participants attended the seminar.
Ms. Mabel Chu, Senior Community Relations Officer, Hong Kong Business Ethics Development Centre of the Independent
Commission Against Corruption (left) and Mr. Edwin Fong, Legal Advisor of Home Affairs Department spoke at the seminar
“Integrity and Quality Building Management” on 6 October 2018.
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The courses “Professional Conduct” and “Hacking Professional Conduct Issues 2018” briefed practitioners on the relevant rules, cases, practice direction and guidelines on professional conduct. About 180 participants attended the courses.
Mr. Amirali Nasir, Vice-President of the Society spoke at the seminars “Professional Conduct 2018” and “Hacking Professional
Conduct Issues 2018” on 4 September and 23 October 2018 respectively.
Pathway Guidance
A sharing session with law students working as interns in law firms was conducted
whereby speakers from private practice, the Judiciary, the Department of Justice and
the commercial sector shared their insights in the many career options open to law
students. 49 interns and trainee solicitors participated in the sharing session.
Mr. Adamas Wong, Director/Head of Private & Commercial Bank Legal, Asia Pacific Legal, Deutsche Bank AG (third from
the left), His Honour Judge George Own, Judge of the Family Court (third from the right), Ms. Melissa Pang, President of the
Society (second from the right) and Mr. Wesley Wong, SC, Solicitor General, Legal Policy Division of the Department of
Justice (first from the right) shared their experiences as a practitioner in their respective fields in the “Sharing Session with
Law Firm Interns” on 25 July 2018.
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STATISTICS
RME electives under the RME Programme have since 1 November 2008 been offered
free of charge to those participants who have to fulfil their RME obligations in the
relevant RME practice year and who have not attended any other RME electives during
that year. Free core courses have also been offered by the Academy to all trainee
solicitors since 1 November 2009. With effect from 1 November 2014, to mark the 10th
Anniversary of the RME Programme, the Principals’ Core Courses, Non-Principals’
Core Courses, Registered Foreign Lawyers’ Core Courses and the Compulsory First
Elective Courses for Trainee Solicitors are also offered free of charge. Accordingly, all
courses within the RME Programme are free.
The total number of courses and free courses in each of the 11 years from 2008 to 2018
are as follows:
20
251229
250
288311
352
417
309277 265
28
415
468
393
470
508 509
474
383369
352
0
100
200
300
400
500
600
2008
(from 2
September
2008 to 31
December
2008)
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
No
. o
f tr
ain
ing
co
urse
s
Year
No. of courses organised by the Academy from 2008 to 2018
No. of free courses
Total no. of courses
12
The total number of participants and the number of participants attending free courses
organized by the Academy in each of the 11 years from 2008 to 2018 are as follow:
SPONSORSHIPS, DONATIONS, SCHOLARSHIPS AND BURSARIES
In fulfilment of its aim of promoting the learning of law, the Academy made available
the following:
(i) The Peter Alan Lee Vine Memorial Scholarship;
(ii) Bursaries;
(iii) Sponsorships for attending local and international conferences.
Details of the applications and the eligibility criteria for applying for sponsorships,
scholarships and bursaries are posted on the website of the Academy
http://www.hklawacademy.org/.
The Academy vetted one application for the Peter Alan Lee Vine Memorial Scholarship
during the year.
2,981
14,025
6,775
8,249
10,223
11,470
14,192
14,847
9,559 8,474 8,705
3,065
20,582
13,370
15,160 15,471
16,829
18,509
17,210 16,789 16,795 16,870
0
5,000
10,000
15,000
20,000
25,000
2008 (from
2
September
2008 to 31
December
2008)
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
No
. o
f p
arti
cip
an
ts
Year
No. of participants in the courses organised by the Academy
from 2008 to 2018No. of participants attending free seminars
No. of participants
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UPDATED DEVELOPMENTS
Two new electives were introduced into the RME Programme during the year. They
were “Conveyancing: Protecting Irregular Interests” and “Cybersecurity & the Law
Firm”. Including these two new courses, the Academy is offering 24 regular courses
under the RME Programme.
The Academy conducted another round of recruitment of part-time tutors and 5 tutors
were appointed at the end of the recruitment exercise. The Academy currently has one
full-time Course Tutor and 16 part-time tutors with diverse legal skills and knowledge.
They enrich the Programme with different presentation styles and delivery of topics of
their specialities from different perspectives.
The Academy continued to explore ways to enhance the effectiveness of the RME
Programme. The Academy conducted a tender and appointed a course provider to
review the core courses, to develop international best practices for incorporation into
the course materials with the aim of raising the Programme to international standard.
The Academy also commissioned a course provider to develop checklists to help
practitioners focus on the ethical requirements set out in the core courses and electives
and to inculcate a risk – averse and compliant practice environment. These projects are
targeted for completion in 2019.
The Academy, in collaboration with the Society, stepped up its efforts to export the RME
Programme to overseas jurisdictions, in particular, the ASEAN countries. The Academy
applied for registration of its trademark in Macao, Taiwan and Mainland China.
Registration in Macao and Taiwan is complete and registration in Mainland China is
pending.
To facilitate practitioners to attend the CPD and RME courses, the Academy already
adopted the QR Code for recording attendance.
The Academy will introduce online registration, online payment of courses and online
evaluation of courses in due course.