I am delighted to share that I have resumed my role as Lead Editor of Hong Kong Lawyer and would like to wish you, our readers a Happy Chinese New Year! The February 2019 issue contains various noteworthy articles in inter alia the Feature section.
The Law Reform Commission’s Access to Information Sub-Committee and the Archives Sub-Committee, have each published a consultation paper to invite the public views (until 5th March 2019) on whether any reform of the current regime is needed. The former concerns the right for the members of the public to access information held by the government or public authorities that is based on a code promulgated in 1995 and largely unchanged. The latter concerns the management of physical records although presently there is no archives law in Hong Kong. Accordingly, the Public Records feature and Access to Information feature shed light on their respective consultation paper.
Finally, it has been acknowledged that one of the key features of arbitration is the principle of finality. This means that once an arbitral ward is rendered, the parties to the dispute in the arbitration generally waive their right to appeal subject to the applicable law and rules. Some rules go to the extent of waiving the parties’ right to set aside the award, i.e. the award cannot be annulled notwithstanding there were procedural irregularities in the arbitration. On the other hand, some laws do allow for appeal on a point of law and at least one arbitral institution has introduced rules that provide a right to appeal based not only on an error of law but also erroneous ndings of fact. What does this mean for Hong Kong? The Arbitration feature discusses the importance of an appeal system and examines the connection between the arbitration law and the courts in Hong Kong.
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