Li, G. 2015, 'Regulating over-the-top services in Australia - from universal service obligation scheme to OTT regulation', International Journal of Private Law, vol. 8, no. 1.
Li, G. 2014, 'A comparative study of the communications consumer dispute resolution schemes in the UK and Australia', Media and Arts Law Review, vol. 19, pp. 151-168.
In Australia, the Telecommunications Industry Ombudsman (`TIO) is a private corporation acting as the sole alternate dispute resolution mediator between carriage service providers (`CSPs) and consumers. Currently, the Telecommunications Act 1997 (Cth) requires all CSPs to become members of the TIO scheme in Australia. In the United Kingdom, the communications consumer dispute resolution scheme comprises two organisations: the Ombudsman Services (`OS) and the Communications and Internet Services Adjudication Scheme (`CISAS). The Communications Act 2003 (UK) requires all the communications providers (`CPs) to join either of these two schemes. This paper studies these three similar but different redress schemes. In doing so, the author of this paper conducted a literature research of these three schemes based on publically available information. In addition, interviews with both the OS and the CISAS were carried out to access further information. In conclusion, this paper finds that the scope of the TIO is unnecessarily wider than the scope of the UK schemes, which contributed significantly to the high volume of complaints received by the TIO in recent years. It is therefore critical for the TIO to reconsider its scope of operation in view of limiting it. Otherwise, not only the industry development and the consumer welfare might be hindered, the TIO scheme would be overburdened in the long run.
Widdowson, L. & Li, G. 2013, 'Telecommunications industry self-regulation: assessing the Telecommunications Industry Ombudsman Scheme in Australia', International Journal of Private Law, vol. 6, no. 3, pp. 315-328.
Li, G. 2012, 'The return of public investment in telecommunications: Assessing the early challenges of the national broadband network policy in Australia', Computer Law & Security Report, vol. 28, no. 2, pp. 220-230.
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Against a current trend of investing in the next generation networks (NGNs) by using public funds, the Australian government has initiated a so-called National Broadband Network (NBN) project to invest up to AUD$36 billion tax payers money on building a national wide fibre broadband network aiming to cover 93 per cent Australian by 2020. As being the most costly infrastructure-building project in Australian history, the NBN project promises to deliver super-fast broadband services, create jobs and promote the countrys economy at large. This article will critically analyse the NBN project in Australia and highlight the challenges that are coming alone at this early stage of the deployment, so the Australias experience of pubic investment in broadband networks can be shared and lessons can be learnt.
Li, G. 2011, 'What we know and what we do not know - the legal challenges for international commercial contract formation in a pervasive computing environment', International Journal of Private Law, vol. 4, no. 4, pp. 252-265.
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Although the issue of electronic international commercial contracting has been discussed in the online world, the author of this paper believes that the current system lacks a workable basis for embracing the coming pervasive computing era. In this context, this paper studies the status of current international commercial contract formation and outlines the challenges of pervasive computing, in particular, the issues of jurisdiction and of contract fraud. The paper then suggests that, in order to serve the future computing environment better, the legal and regulatory framework should focus on improving the internal monitoring of risks and vulnerabilities, and greater sharing of information about these risks and vulnerabilities. Moreover, the role of government should be to focus on education and training on the care and use of these technologies and the better reporting of risks and responses. A fully embedded safe computing environment will require more collaboration between individuals, commercial organisations and relevant government bodies.
Young, A.L., Li, G. & Chu, T. 2011, 'In the interest of minority shareholders in Hong Kong: case study on the privatisation of PCCW via a scheme of arrangement (part 1)', The Company Lawyer, vol. 32, no. 1, pp. 28-32.
The share ownership structure in Hong Kong is highly concentrated. This increases the risk of minority shareholders' interested being sidelined. The recent decision made by the Hong Kong Court of Appeal on PCCW's privatisation case is a victory for minority shareholders. It also established a new precedent in the interpretation of s.l66 of the Companies Ordinance (Cap 32), where the court has to consider whether there was vote manipulation at the EGM which leads to an outcome that does not represent the interest of the voting shareholders as a whole. As well, the court would need to take into account whether the scheme was substantively unfair to the shareholders who were voting on it. The appeal decision was so instrumental it prompted the Hong Kong Government to put forward proposals to reforn the law.
Young, A.L., Li, G. & chu, T. 2010, 'The Aftermath of the Lehman Brothers Collapse in Hong Kong: The Saga, Regulatory Deficiencies, and Government Responses', The Company Lawyer, vol. 31, no. 11, pp. 343-354.
The article examines the fallout of the Lehman Brothers collapse in Hong Kong. As an international financial hub in Asia, Hong Kong was profoundly affected by the collapse of this company. As a result, it impacted negatively on the publics confidence in the Hong Kong banking sector. Furthermore, this event has exposed a number of regulatory deficiencies in Hong Kong. In response to this financial crisis, the Hong Kong Government has made an unprecedented move to negotiate with local banks to refund the investors.
Li, G. 2010, 'Challenges in the Telecom Sector: A case study of 3G Rollout in China', International Journal of Private Law, vol. 3, no. 4, pp. 393-402.
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The year 2008 was a big one for the telecommunications industry of the Peoples Republic of China (PRC). In May 2008, the PRC State Council conducted a significant reform in the telecom sector, which created a mega-telecommunications regulator and three mega-operators. Shortly after this reform, on 31 December 2008, the PRC government decided in favour of a rollout and issued three 3G licences to all the three mega-operators against the big picture of the global economic downturn and with the government decision to stimulate domestic consumption. This paper studies the PRC telecommunications sector, focusing on the current 3G rollout and its impact on the industry regulators function and power. It also analyses whether the industry is equipped with proper regulatory measures to embrace the forthcoming 3G era in China. In the course of doing this, the paper brings out various regulatory challenges that the PRC regulator should carefully address. This paper concludes that 3G rollout in the PRC is a good opportunity for the country at the present time if the regulatory regime can keep pace with the industry movement.
Riley, S. & Li, G. 2010, 'Bridging the Language Divide: An Innovative Teaching Project to Help International Students from China in Learning Business Law Subjects', International Journal of Law and Education, vol. 15, no. 1, pp. 109-124.
Li, G. 2009, 'Can the PRC's New Anti-Monopoly Law Stop Monopolistic Activities: Let the PRC's Telecommunications Industry Tell You the Answer', Telecommunications Policy, vol. 33, no. 7, pp. 360-370.
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This paper studies the new AML and its various provisions in relation to antimonopoly and anti-competitive conducts and attempts to validate those provisions against the recent PRC telecommunications reform. Part 1 provides an introduction of the telecommunications industry in China, including its regulatory framework and its market arrangement. Part 2 studies the 13-year long law making history of the new AML and highlights some of the major aspects of this act. Part 3 analyses the recent telecommunications reform in China. Part 4 analyses the interplay between the AML and the recent telecommunications reform.
Di Mauro, L. & Li, G. 2009, 'Regulating Cross Media Ownership: A Comparative Study between Australia and Italy', Media and Arts Law Review, vol. 14, no. 2, p. 195.
Regulating media ownership is not a simple task. The media represents a field where public interest collides with technological and economic interests. The law is challenged to strike a balance between all three dimensions. This paper attempts to deconstruct cross media ownership regulation amidst this field. Firstly, chapter two establishes the theoretical viewpoints that influence the development of cross- media ownership laws, which puts forward the relevant principles and viewpoints that support the social/political, economic, and technological dimensions. Then, Chapter three and four demonstrate the interaction of these dimensions in practice by presenting a comparative case study of cross-media ownership laws in Australia and Italy. In doing so, this paper finds that cross-media ownership regulation requires the careful balancing of competing influences. Sound understanding of competing spheres of influence that interact in the realm of media ownership policy allows legislators to best formulate the directions of Australian law.
Riley, S. & Li, G. 2009, 'Disclosure Requirements and Investor Protection: the compatibility of Commonwealth, state and territory laws in serviced strata schemes', Australian Property Law Journal, vol. 16, no. 3, pp. 262-278.
Policy objectives at the Commonwealth level call for unified and uniform disclosure as part of the law applying to managed investment schemes. Serviced strata schemes are a type of managed investment scheme and are therefore subject to Commonwealth objectives. However, the acquisition of an interest in a serviced strata scheme also comprises the purchase of an interest in real property, which is subject to laws applying in state and territory jurisdictions. The purpose of this article is to examine pre-contract disclosure mechanisms, applying at the state and territory level, to determine their compatibility with policy objectives advanced by the Corporations Act 2001 (Cth).The authors argue that the present regime does not promote a uniform response in accordance with Commonwealth policy. Consequently the authors advocate the adoption of Australia-wide standards in pre-contract disclosure, enabling state and territory disclosure provisions to work in synergy with Commonwealth aims and objectives.
Li, G. 2009, 'The PRC Contract Law and Its Unique Notion of Subrogation', Journal of International Commercial Law and Technology (JICLT), vol. 4, no. 1, pp. 12-21.
This paper briefly introduces a recent history of the development of the Chinese contract law. It then analyses various specific contract law issues including formation of the contract, liability for breach of contract and the notion of subrogation. This paper finds that PRCs contract law presents a hybrid version with key concepts from both Common law tradition and the Civil law tradition. This hybrid is however unique in the way of enforcing contracting parties rights/obligations in many contract matters. Unfortunately, without a proper case recording system in the jurisdiction, the unique Chinese legal method is somehow difficult to solve complex contract issues. This paper then argues further that there is a need to update the current system in the law of contract, particular in dealing with the right of subrogation
Li, G. 2008, 'The Recent PRC Telco Reform and its Implications to the PRC Telco Market', Macquarie Journal of Business Law, vol. 5, pp. 309-327.
PRCs telecommunications industry has been through a number of major reforms in the past two decades, which included two main regulatory restructurings and three significant market reshuffles. As a result, the PRC Telco industry has developed by an astonishingly fast speed. In May this year, the PRC State Council initiated a biggest ever Telco reform in both regulatory framework and the market place. This reform has created a super power Telco regulator and three giant SOEs market players. Against this background, this paper discusses the recent reform in detail in line with the various reforms in the past and argues that - although the current reform is likely to bring in some positive impacts on both regulatory framework and market operation, these impacts would be limited. To achieve an aimed competitive market in Telco industry, PRC needs to continue its reforms a step further by creating a better regulatory independence and introducing private forces into its current SOEs dominated market place.
Li, G. 2008, 'Moving Towards Unsustainability, A Study of the Chinese Telecommunications Regulation', International Journal of Private Law, vol. 1, no. 1/2, pp. 47-68.
The Chinese telecommunications market has evolved into the world's largest market in recent years, which attracted vast attention from both foreign industries and regulators throughout the world. Although having only a short period of privatisation and liberalisation, the market has provided sharp increases in almost every aspect. Being a transitional economy, China is now facing the big challenge of sustaining this fast development in the long run. This research explores the development of Chinas telecommunications industry, discusses the driving forces and the domestic regulatory/legal environment, estimates the future developing trend and makes recommendations as to a better regulatory practice in the transitional period. The focus of this research is to assess whether the astonishingly fast development in the Chinese telecommunications industry in the past two decades is sustainable, and if so, what would be the supporting regulatory framework and how should it work.
Li, G. & Young, A.L. 2008, 'Competition Laws and Policies in China and Hong Kong: A Tale of Two Regulatory Journeys', Journal of International Trade Law and Policy (JITLP), vol. 7, no. 2, pp. 186-202.
This paper retraces some of the key factors leading to the enactment of competition law in PRC and the prevailing debates for such laws to be enacted in HK. The regulatory journeys of one country under two different administrations is another interesting dimension, where one is a modern economy under a quasi-democratic government, the other is a developing one, labelled as a market economy with socialist characteristics under a centralised socialist government. We begin with a brief introduction to the PRC AML, followed by an overview of the act, and then address the uncertainties in various provisions as well as enforcement issues. Next part devolves into the debates in enacting competition law in HK, which til date has yet to become law. Despite the detailed proposal transplanting many ideas from the laws of other modern economies, they are some provisions that are either weak or continues to safeguard the interest of monopolies in selective sectors. This article concludes with some insights from the trials and tribulations of the new PRC law and HKs drawn out policy dithering. Central to the experiences for both administrations is to balance between conventional wisdom in economic laws and domestic economic interests. Since, the laws in PRC are newly enacted and HK is still in the drafting process. The arguments highlighted in this paper tend to address the current concerns. The value of this comparative paper is to reveal the choice of regulatory strategies in HK and PRC.
Young, A.L., Li, G. & Lau, A.K. 2007, 'Corporate Governance in China: the Role of the state and ideology in shaping reforms', The Company Lawyer, vol. 28, no. 7, pp. 204-211.
China is an emerging economic powerhouse in the 21st century. Two decades of economic reforms have transformed China from a centrally planned system into a rapidly expanding economy with double digit growth rates. Yet there are a number of challenges, Chen notes that: [I]t is unrealistic to expect that in the next twenty years China will become like Japan - which has thrived through its adoption of American-ledWestern capitalism. Instead, it is likely that the PRC will take a few decades to find a balance between Western free-market enterprise and the historical influences of communism, nationalism, and onfucianism.1 In comparison, law reforms have been less straightforward. Amending existing laws and enacting new laws are not sufficient to meet the mounting demands of rapidly growing businesses in China competing on a global scale. Problems like the lack of clarity and inconsistent legislative provisions are common in Chinese business laws. More important, many laws resemble a piece meal endeavour or a patchy attempt to enact effective and efficient regulations. Given that Chinese legislators transplant laws from developed Western nations and modified them to satisfy domestic political agendas, the outcomes would be wishful thinking at best. Corporate governance is an alien concept for China. Therefore it is understandable that legislators look towards developed Western nations governance laws and codes as benchmarks for China. However, the recently enacted laws appeared to be riddled with inconsistencies. Moreover governance practices have deviated from the adopted models due to the ideological and cultural differences between China and Western countries. It is under this prevailing state of affairs that this article will attempt to examine the contextual influences as well as the key elements in shaping Chinese corporate governance laws and practices in the post-privatised telecommunications sector.
Lau, A.K., Young, A.L. & Li, G. 2007, 'Rethinking Corporate Governance and Law in China: The Theories, rules and Practices', Compliance and Regulatory Journal, vol. June 2007, no. 2, pp. 60-69.
Hailing China as a rising economic giant is not an understatement. Economic reforms have transformed China into a modern economy rivalling the neighbouring Asian tiger economies like South Korean and Taiwan. This requires greater emphasis on regulating markets and governing corporations to ensure economic growth continues. Yet, legal reforms are not as straightforward as transplanting Western models, more modification to suit Chinese political and cultural considerations needs to be incorporated. Likewise, privatisation of the telecommunications sector does not mean that government influence in the new corporations cease. This is not necessarily negative, as long as safeguards are in place. Plainly, further reforms to the law and governance will be needed. Given that Confucius?s philosophy continues to play a central role in Chinese society and values, developing laws and governance practices from Confucian principles will arguably be appropriate for modern China.
Li, G. & Zhang, X. 2007, 'The Enlightenment from the Australia Supervision Reform in the Telecommunication Industry for China', A Symposium on Economic Law, vol. 4, no. 1, pp. 665-681.
Blay, S., Young, A.L. & Li, G. 2005, 'Adventures in Pedagogy: The Trials and Tribulations of Teaching Common Law in China', Legal Education Review, vol. 15, no. 1&2, pp. 137-159.
In international corporate circles, the general impression is that China is the next economic giant of the 21st century. This perception now seems to apply to universities the world over. The Chinese market, once closed to the world, is now arguably one of the most lucrative opportunities in the global economy. One area that is increasingly drawing international interest is education. The nation has a significant number of excellent world-class universities. However, it is estimated that by 2010 there will be 17 million excess demands for higher education places than the Chinese tertiary educational system cannot meet. This high demand for overseas tertiary qualifications has been matched by an enthusiastic supply of courses by academic institutions from Australia, New Zealand, the UK and the US. Unfortunately, given the ever tightening budgetary constraints for academic institutions in these countries, the push to meet the demand from China is dictated more by financial considerations than any lofty ideals of the intellectual merits of academic globalisation. The financial imperatives in turn dictate the strategies adopted by the institutions in their effort to meet the demand. The situation has been exacerbated by the absence of any coherent research that explores the critical issues and the practical problems associated with learning and expected outcomes in an alien cultural context.
Freeland, S., Li, G. & Young, A.L. 2005, 'Crossing the Language and Culture Divide - The Challenges of Educating Asian Law Students in a Globalising World (Chinese)', Beijing College of Political Science and Law Journal, vol. 1, pp. 50-58.
Young, A.L., Rahaju, S. & Li, G. 2005, 'Regulatory Multiplicities in Telecommunications Reforms in Indonesia and China', Macquarie Journal of Business Law, vol. 2, pp. 135-168.
Li, G. 2005, 'Euthanasia, a Matrix of Cure or Exacerbation - A Legislative Perspective', Journal of Biotechnology Law, vol. 2, no. 4, pp. 166-174.
Euthanasia is an old topic with traditional wisdom stating that everyone should have right to choose the mean of death. In China, there are always arguments about the two extremes of the land of living birth and death. With the study of birth, which gives rise to eugenics, the study of death has touched off a rational discussion, that is, whether or not people have a right to opt for death; that is also, to take the value of life and sustain dignity in the last moment of life.
Freeland, S., Li, G. & Young, A.L. 2004, 'Crossing the Language and Culture Divide - The Challenges of Educating Asian Law Students in a Globalising World', Legal Education Digest, vol. 14, no. 2, pp. 219-239.
Freeland, S., Li, G. & Young, A.L. 2004, 'Crossing the Language and Culture Divide - The Challenges of Educating Asian Law Students in a Globalising World', Legal Education Review, vol. 14, no. 2, pp. 219-238.
This teaching note sets out some of the important reasons why Asian students have seen it as necessary to seek to further their legal education in countries such as Australia. This involves an assessment of the type of skills required of those Asian students undertaking law in Australia and how the educative process should continue to evolve to meet these needs. This note then sets out the experiences in two particular situations, the teaching of Business Law to Asian Students and an innovative Australian postgraduate program taught in Mandarin. These experiences further highlight the need for Australian universities to carefully consider their strategies when offering courses for Asian students, particularly in view of the challenges posed by the continuing development of globalisation in the 21st century.