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Course Details

(Webinar via Zoom) Chinese Custom and Law in Hong Kong and the Curious Case of the Chinese Customary Trust
Steven Gallagher, Professor of Practice in Law, Associate Dean (Teaching & Learning), The Faculty of Law, The Chinese University of Hong Kong
Date: 21 April 2021 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L21OT03
Venue: Webinar Course
Presenter's Biography:

Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches the equity and trusts courses for undergraduate and postgraduate students. Steven also teaches a course on art, antiquities, cultural heritage and the law on the LLM programme. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with equity. Steven's research interests include equity and the law of trusts, cultural heritage law and legal history.
 
Objective:

This three-hour course will consider Chinese custom and law in Hong Kong. The seminar will consider how Chinese custom was introduced to the common law of Hong Kong, what Chinese custom was recognised by the laws of Hong Kong and how that recognition has developed the law and the custom. The focus of the seminar will be on the curious case of the Chinese customary trust- recognised only in the law of Hong Kong and only for land in the New Territories of Hong Kong. We will consider whether these trusts, in particular the t'so and the t'ong, are trusts, what these trusts may do, what obligations are on their managers, what rights their beneficiaries have, and how they may be created and brought to an end.
 
Outline:

  • What Chinese custom has been recognised in the law of Hong Kong;

  • How has that recognition changed;

  • Chinese customary trusts- the t'so and the t'ong;

  • How are they formed;

  • Are Chinese customary trusts really trusts?

  • T'so and t'ong managers as trustees;

  • How Chinese customary trusts may be brought to an end.

 
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