Research Focus Areas
Our research examines three critical areas where digitalisation intersects with cross-border legal frameworks, each presenting unique challenges and opportunities for Hong Kong's legal infrastructure.
Cross-boundary Data Flow
Investigating data flow regulations within the Greater Bay Area
The Greater Bay Area (GBA) initiative represents one of the most ambitious regional integration projects in the world, connecting Hong Kong, Macau, and nine mainland Chinese cities. As businesses and individuals increasingly operate across these jurisdictions, the movement of data across borders has become a critical legal and practical challenge.
- Different data protection regimes across Hong Kong, Macau, and mainland China
- Compliance requirements under the Personal Data (Privacy) Ordinance and mainland cybersecurity laws
- Cross-border data transfer mechanisms and standard contractual clauses
- Balancing data localisation requirements with operational efficiency
Our research examines how Private International Law principles can provide clarity on which jurisdiction's data protection rules apply, how conflicts between different regulatory frameworks should be resolved, and what legal mechanisms can facilitate compliant data flows while protecting individual privacy rights.
Why This Matters
As the GBA develops into an integrated economic zone, establishing clear legal frameworks for data flow is essential for businesses, financial institutions, and technology companies operating in the region.
Online Dispute Resolution
Examining the eBRAM platform and ODR mechanisms
Online Dispute Resolution (ODR) represents a transformative approach to resolving cross-border disputes in the digital age. Hong Kong's eBRAM (Electronic Business Related Arbitration and Mediation) platform exemplifies this shift, offering parties a fully digital means of resolving commercial disputes without the need for physical presence.
- Jurisdictional questions in fully online arbitration proceedings
- Recognition and enforcement of online arbitration awards across borders
- Ensuring procedural fairness in virtual hearings
- Managing cybersecurity and confidentiality in digital proceedings
We investigate how existing legal frameworks accommodate ODR mechanisms, examining questions of jurisdiction, applicable law, and the enforcement of decisions rendered through digital platforms. Our research also explores how Hong Kong can position itself as a leading hub for technology-assisted dispute resolution.
Why This Matters
The COVID-19 pandemic accelerated the adoption of ODR globally. Understanding the legal infrastructure needed to support these mechanisms is crucial for Hong Kong's ambition to be a leading centre for international legal and dispute resolution services in the Asia-Pacific region.
Cryptocurrencies
Analyzing legal frameworks for digital assets
Cryptocurrencies and digital assets present novel challenges for Private International Law. Unlike traditional assets, cryptocurrencies exist on decentralised networks that transcend national boundaries, raising fundamental questions about property rights, jurisdiction, and applicable law.
- Determining the legal situs (location) of intangible digital assets
- Jurisdictional basis for disputes involving cryptocurrency transactions
- Recognition and enforcement of judgments affecting digital assets
- Insolvency and succession issues involving cryptocurrency holdings
Our research analyses how traditional conflict of laws principles can be adapted or reformed to address digital assets. We examine emerging regulatory approaches across jurisdictions and propose frameworks that balance innovation with legal certainty and consumer protection.
Why This Matters
Hong Kong is developing as a hub for digital asset businesses. Clear legal frameworks for how cross-border cryptocurrency disputes are resolved will be essential for maintaining Hong Kong's competitiveness in the fintech sector.