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Reform of charity law in Hong Kong and Australia: what lessons can be learned from the United Kingdom?


Ho, JKS and Price, RBE, Reform of charity law in Hong Kong and Australia: what lessons can be learned from the United Kingdom?, Asian Journal of Comparative Law, 6, (2011) pp. 193-213. ISSN 1932-0205 (2011) [Refereed Article]

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Copyright 2011 De Gruyter

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DOI: doi:10.1017/S2194607800000557


Since 2001, a number of common law jurisdictions have initiated reforms to their charity law and the United Kingdom has taken the lead. This article examines what Hong Kong and Australia can learn from the United Kingdom in reforming their own outdated and fragmented charity laws. It is contended that the lessons and experiences of the United Kingdom provide good insights for Hong Kong and Australia as each jurisdiction anticipates implementing a broadly similar regime to the United Kingdom’s to modernize regulation of their charity sectors. This article contends that there is no need to make a choice between retaining judicial decision-making over charities (inconsistent as it is) and establishing a type of charity commission which makes determining charitable status akin to a decision of a government department. Instead, Hong Kong and Australia can have charity commissions with missions that are sensitive to their own legal terrains but which are subject to judicial review.

Item Details

Item Type:Refereed Article
Keywords:charity law, law reform, United Kingdom, Hong Kong, Australia
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Price, RBE (Mr Rohan Price)
ID Code:75453
Year Published:2011
Deposited By:Law
Deposited On:2012-01-31
Last Modified:2017-09-13
Downloads:2 View Download Statistics

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