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Kay-Wah Chan

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Kay Chan
  • Title: Doctor
  • Position: Senior Lecturer - Department of Accounting and Corporate Governance
  • Qualifications: LLB (Hons), PGCert Law (Hong Kong), GradDip Japanese, PhD (Macq).

Contact Details

Areas of Expertise

  • Japanese law
  • Chinese law
  • Law and society
  • Legal ethics in Japan
  • Comparative law
  • Law and society
  • Legal professions
  • East Asian law and legal systems

Profile

Dr Chan is admitted as a solicitor in Hong Kong, a solicitor in England and Wales, a barrister and solicitor in the Australian Capital Territory, and a legal practitioner in New South Wales. He worked with Wilkinson & Grist in Hong Kong as a solicitor from 1987-1995.

Dr Chan speaks and writes in English, Chinese and Japanese. Dr Chan regularly presents papers in international conferences. He received invitations to deliver speeches/lectures and present papers in seminars, lectures and conferences overseas.

Dr Chan is also very active in international research collaborative activities. He co-organises with Professor Setsuo Miyazawa (Aoyama Gakuin University, Japan) and Professor Yoshitaka Wada (Waseda University, Japan) the Collaborative Research Network East Asian Law and Society in the Law and Society Association, to promote research on East Asian law and society. He is now serving as an Executive Committee member of this Network. This Network has organized three East Asian Law and Society Conferences. The inaugural East Asian Law and Society Conference was held on 5-6 February 2010 in the University of Hong Kong, Hong Kong. Dr. Chan was the co-chair of the Planning Committee of this Conference. The Second East Asian Law and Society Conference was held in Yonsei University, Seoul, South Korea on 30 September - 1 October 2011. Dr Chan was a member of the Program Committee of this Conference. The Third East Asian Law and Society Conference was held in KoGuan Law School, Shanghai Jiao Tong University, Shanghai, China in March 2013. Dr Chan was a member of the CRN33 - East Asian Law and Society Steering and Advisory Committee for this Third East Asian Law and Society Conference.

Dr Chan was also a member of the Program Committee of the Annual Meeting of the Law and Society Association held in Honolulu, Hawaii, U.S.A. in June 2012.  He also co-organises with Professor Young Hoa Jung (Chonbuk National University, Korea) the International Research Collaborative Socio-Political-Economic Developments and the Legal Systems in East Asia.

Education

  • Doctor of Philosophy: Japanese legal system (Macquarie University)
  • Graduate Diploma in Japanese: Japanese (Macquarie University)
  • Postgraduate Certificate in Laws: Law (University of Hong Kong)
  • Bachelor of Laws (Honours): Law (University of Hong Kong)

Research grants

  • National Library of Australia Japan Study Grant 2010-2011 (Project entitled: "Evolution and Historical Development of the Judicial Scrivener Profession in Japan").
  • The Sumitomo Foundation Fiscal 2010 Grant for Japan-related Research Projects (Collaborative Project with Associate Professor Dr Richard Wai-Sang Wu of the University of Hong Kong: "Regulation of Lawyers' Ethics in Japan and China: A Comparative Study").

Current projects

  • (with Takayuki Ii, Hirosaki University, Japan)  Judicial Scriveners in Japan: Identity Crisis, Politics behind Historical Development, Current Social Structure, and Role in the Society 
  • (with Richard Wu, University of Hong Kong, Hong Kong) Regulation of Lawyers' Ethics in Japan and China - A Comparative Study

Publications

journal toggle icon open Refereed Journal Articles

  • "Setting the limits: who controls the size of the legal profession in Japan?" (2012) 19(2-3) International Journal of the Legal Profession 321-337.
  • "The Global Financial Crisis and Labor Law in China" (2012) 45(3) The Chinese Economy 24-41.
  • "Justice System Reform and Legal Ethics in Japan" (2011) 14(1) Legal Ethics 73-108.
  • "The Emergence of Large Law Firms in Japan: Impact on Legal Professional Ethics" (2008) 11 (2) Legal Ethics 154-180.
  • Setsuo Miyazawa, Kay-Wah Chan and Ilhyung Lee, "The Reform of Legal Education in East Asia" (2008) 4 Annual Review of Law and Social Science 333-360.
  • "Foreign Law Firms: Implications for Professional Legal Education in Japan" (2005) 10(20) Zeitschrift für Japanisches Recht (Journal of Japanese Law) 55-79.
  • "The Change of Lawyers' Culture in the Era of Globalization" (2004) 61 Hôshakaigaku (The Sociology of Law) 111-131.

books toggle icon open Books

  • Patricia Blazey and Kay-Wah Chan, Commercial Law of the People's Republic of China (Thomson Reuters, 2012).
  • Patricia Blazey and Kay-Wah Chan (eds), The Chinese Commercial Legal System (Thomson Lawbook, 2008).

chapters toggle icon open Book Chapters

  • "The Reform of the Profession of Lawyers in Japan and Its Impact on the Role of Law" in Yves Dezalay and Bryant G. Garth (eds) Lawyers and the Rule of Law in an Era of Globalization (Routledge, 2011) 185-216.
  • "China's Labour Laws in Transition" in John Garrick (ed) Law Wealth and Power in China: Commercial Law Reforms in Context (Routledge, 2011) 163-181.

conference toggle icon open Conferences and Presentations

  • (Co-presentingwith Takayuki Ii) "Two 'Brothers' with Different Fate – A Historical Analysis of the Professionalization Process of Judicial Scriveners and Attorneys" at the First European Association for Japanese Studies Japan Conference held in Kyoto, Japan on 28-29 September 2013.
  • "Tighteningthe Labor Dispatch Regulatory Regime to Maintain China's Socio-economic Sustainability" at the Third Annual Asian Conference on Sustainability, Energy and the Environment held in Osaka, Japan on 6-9 June 2013.
  • (Co-presenting with Richard Wu)"Disciplining Lawyer Misconduct in China and Japan: A Comparative Study of Beijing and Tokyo" at the Third East Asian Law and Society Conference held in Shanghai, China on 22-23 March 2013.
  • "A Labour Law Reform to Maintain the Social, Economic and Environmental Sustainability in China" at the Ninth International Conference on Environmental, Cultural, Economic and Social Sustainability held in Hiroshima, Japan on 23-25 January 2013.
  • (Co-presenting with Takayuki Ii) "Diversification of Judicial Scriveners' Practice and Where Shall It Go: The Fluctuating Boundaries of Law-related Occupations in Japan" at the Second ISA Forum of Sociology held in Buenos Aires, Argentina on 1-4 August 2012.
  • (Co-presenting with Takayuki Ii) "Judicial Scriveners in Japan: An Ill-Fated "Legal" Profession" at the 2012 International Conference on Law and Society held in Honolulu, Hawai'i, U.S.A. on 5-8 June 2012.
  • "'Gone with the Wind': Lawyers as Elites in the Hong Kong Society" at the Eleventh Annual Hawai'i International Conference on Social Sciences held in Honolulu, Hawai'i, USA on 30 May - 2 June 2012.
  • (Upon invitation) "Setting the Limits: Who Controls the Size of the Legal Profession in Japan?" at the Workshop on: "Too Many Lawyers? Facts, Reasons, Consequences and Solutions" held at the International Institute for the Sociology of Law in Onati, Spain on 19-20 April 2012. 
  • "The 21st Century - An Era for China's Large Law Firms?" at the Second Asian Business & Management Conference 2011 held in Osaka, Japan in November 2011.  
  • "A Comparative Historical Study of the Mentalities of Japanese and Hong Kong Lawyers" at the Second East Asian Law and Society Conference held in Yonsei University, Seoul, Korea on 30 September - 1 October 2011.
  • "The Actual Situation of Corporate Legal Departments in Japan - Implications for Her Legal System" at the Japanese Studies Association of Australia Biennial Conference held in Melbourne, Australia on 4-7 July 2011.
  • (Co-presenting with Takayuki Ii) "An Analysis of the Effect of Justice System Reform on Judicial Scriveners in North-Northeast Japan" at the international conference of the annual meeting of the Law and Society Association held in San Francisco, U.S.A. on 2-5 June 2011.
  • "Justice System Reform and Legal Ethics in Japan" at the International Legal Ethics Conference IV held at Stanford University, Palo Alto, California, U.S.A. on 15-17 July 2010.
  • "China's Labour Laws in Transition" at the international conference of the annual meeting of the Law and Society Association held in Chicago, U.S.A. on 27-30 May 2010.
  • As a discussant in the session "Law and Dispute Resolution in East Asia" at the international conference of the annual meeting of the Law and Society Association held in Chicago, U.S.A. from 27-30 May 2010.
  • (Upon invitation) Continuing Professional Development lecture on "Chinese Labour Law" at Wilkinson & Grist, Solicitors & Notaries, Hong Kong on 9 March 2010.
  • (Upon invitation by the National Chung Cheng University, Taiwan) "Legal Education Reform in Japan: A Success or a Failure?" at the International Conference on Legal Education in East Asia held at the National Chung Cheng University, Taiwan on 5-6 March 2010.
  • (Upon invitation) "Law and Society Researches on the Japanese Legal Professions and Legal Education" at the National Chung Cheng University, Chia-Yi, Taiwan (4 March 2010).
  • (Upon invitation) "Soto kara Mita Nihon no Hô to Shakai (Japanese Law and Society as Seen from Outside)" at the Symposium (Shihô no Yakuwari to Kokuminteki Kiban [The Role of Justice Administration and Citizen's Base]) organised by the Aomori Law Institute and held in Hirosaki, Japan on 21 September 2009.
  • "Lawyers, Law, Power, and Inequality in Hong Kong" at the international conference of the annual meeting of the Law and Society Association held in Denver, U.S.A. on 28-31 May 2009.
  • (Upon invitation) "Emergence of Large Law Firms in Japan: Impact on Legal Professional Ethics" at the Third International Legal Ethics Conference held in Gold Coast, Australia on 13-16 July 2008.
  • (Co-presenting with Takayuki Ii, Hirosaki University, Japan) "Japanese Judicial Scriveners in Identity Crisis" at the international conference of the joint annual meetings of the Law and Society Association and the Canadian Law and Society Association held in Montreal, Canada on 29 May - 1 June 2008.
  • (Upon invitation by Professor Mami Hiraike Okawara, Dean, School of Regional Policy, Takasaki City University of Economics, Japan) Discussant in the session "Linguistic Dimensions of Courtroom" at the international conference of the joint annual meetings of the Law and Society Association and the Canadian Law and Society Association held in Montreal, Canada on 29 May - 1 June 2008.
  • (Upon invitation) "The Reform of the Profession of Lawyers in Japan - Impact on the Role of Law" at the international conference "Lawyers and the Construction of the Rule of Law: National and Transnational Processes" held in Chicago, U.S.A. on 21-22 March 2008.
  • (Upon invitation by Professor Bryant Garth, then Dean, Southwestern Law School, U.S.A. and Professor Yves Dezalay, CNRS, France) "Judicial Reform in Japan: Its Impact on the Legal Profession and the Role of Law" in the session "The International Circulation of Expertise and the Restructuring of National Legal Fields: Asian Examples" at the International Conference Law and Society in the 21st Century, co-organised by the Law and Society Association and the Research Committee on Sociology of Law held in Berlin, Germany on 25-28 July 2007.
  • "Legal Professionalism in Japan in the Current of Changes and Reform" at the International Conference Law and Society in the 21st Century, co-organised by the Law and Society Association and the Research Committee on Sociology of Law held in Berlin, Germany on 25-28 July 2007.
  • (Upon invitation) Guest Lecture: "Nihon no Hôritsu Sâbisu Shijô no Kokusaika (The Internationalisation of the Legal Service Market in Japan)" at Waseda Law School, Waseda University, Japan on 12 July 2006.
  • "The Challenge Faced by Lawyers in Japan and Hong Kong: Implications on Professional Legal Education" at the conference of the Law and Society Association held in Baltimore, USA on 6-9 July 2006.
  • (Upon invitation) "Foreign and Large Law Firms in Japan: Emergence and Implications" at the seminar/conference of the Kansai branch of the Japanese Association of Sociology of Law held in Kyoto, Japan on 18 February 2006.  
  • (Upon invitation) "Henkasurujidainiokeru Honkon no Bengoshi (Hong Kong Lawyers in the Era of Changes)" at a roundtable discussion meeting titled "Henkasurujidainiokeru Bengoshi (Lawyers in the Era of Changes)" organized by the Research Office for Judicial Reform of the Japan Federation of Bar Associations, Tokyo, Japan on 2 February 2006.
  • (Upon invitation) "Internationalization of the Legal Market in Japan" at Shizuoka University Law School, Shizuoka, Japan on 20 January 2006.
  • "The Development of the International Legal Service Market in Japan" at the Asia Pacific Dispute Resolution Project Annual Conference 2005 held at Waseda University, Tokyo, Japan on 25-26 November 2005.
  • "The Change in Japanese Lawyers' Culture and Its Socio-legal/socio-cultural Implications" at the international conference of the annual meeting of the Research Committee on Sociology of Law of the International Sociological Association held in Paris, France on 11-13 July 2005.
  • "The Catalyst and Momentum of Legal Professional Reform in Japan" at the international conference of the 37th World Congress of the International Institute of Sociology held in Stockholm, Sweden on 5-9 July 2005.
  • "Lawyers in Japan: A Profession Caught in the Current of Reforms" at the international conference of the annual meeting of the Law and Society Association held in Las Vegas, U.S.A. on 2-5 June 2005.
  • (Upon invitation) "Foreign Law Firms: Implications for Professional Legal Education in Japan" at the international symposium ("Build It and They Will Come: The First Anniversary of Law Schools in Japan") held on 21 February 2005 in Asian Law Centre, University of Melbourne, Melbourne, Australia.
  • "Globalization and Legal Culture in Japan" at the international conference of the 36th World Congress of the International Institute of Sociology held on 7-11 July 2004 in Beijing, China.
  • "The Challenge Faced by Lawyers in Japan and Hong Kong: A Comparative Analysis" at the conference of the Asian Studies Association of Australia held on 29 June - 2 July 2004 in Canberra, Australia.
  • "Emergence of Japanese transnational 'mega' law firms: Is there a possibility?" at the international conference of the Annual Meeting of the Law and Society Association held on 27-30 May 2004 in Chicago, Illinois, U.S.A.
  • "Human Resource Management and Evolution of Legal Culture in Japan" at the International Conference of the European Association for Japanese Studies held on 27-30 August 2003 in Warsaw, Poland.
  • "Foreign Lawyers Regulation in Japan: An Example of 'Innovation and Resistance'" at the conference of the Japanese Studies Association of Australia held from 2-4 July 2003 in Brisbane, Australia.
  • Invited as a discussant in a panel "The Practice and Regulation of Attorneys in Japan" to comment on presenters' papers at the international conference of the 2003 Annual Meeting of the Law and Society Association held on 5-8 June 2003 in Pittsburgh, U.S.A.
  • "Gurôbarizêshon no jidai ni okeru bengoshi bunka no henka (The Change in Lawyers' Culture in the Era of Globalization)" at the conference of the Japanese Association of Sociology of Law held on 17-18 May 2003 in Tokyo, Japan.
  • "Globalization: A Challenge Faced by the Lawyers' Profession in Japan - An Analysis from the Perspectives of the Culture of the Profession" at the international conference of the Joint Annual Meetings of the Law and Society Association and the Canadian Law and Society Association held on 30 May-1 June 2002 in Vancouver, B.C., Canada.

Professional Membership

  • Executive Committee member of: Collaborative Research Network East Asian Law and Society (Law and Society Association), United States of America
  • Member of: Law and Society Association, Utah United States of America
  • Member of: The Japanese Association of Sociology of Law, Osaka Japan
  • Member of: Japanese Studies Association of Australia, Australia
  • Member of: Deutsch-Japanische Juristenvereinigung e.V. (German-Japanese Association of Jurists), Hamburg Germany
  • Member of: International Association of Legal Ethics
  • Member of: Australian Network for Japanese Law, Australia
  • Member of: European Association for Japanese Studies, Berlin Germany

Affiliations / activities

  • Co-organizer and Executive Committee member of the Collaborative Research Network East Asian Law and Society.
  • Member of the Program Committee of the 2012 International Conference on Law and Society held in Honolulu, Hawai'i, U.S.A. in June 2012.
  • Member of the International Research Collaborative Committee (2011-2012) of the Law and Society Association.
  • Member of the International Activities Committee (2009-2011) of the Law and Society Association (USA).
  • Member of the International Activities Committee (2011-2012) of the Law and Society Association (USA). 
  • Member of the International Activities Committee (2013-2014) of the Law and Society Association (USA).
  • Co-chair of the Planning Committee of the Inaugural East Asian Law and Society Conference held at the University of Hong Kong, Hong Kong on 5-6 February 2010.   
  • Member of the Program Committee of the Second East Asian Law and Society Conference held at the Yonsei University, Seoul, South Korea on 30 September - 1 October 2011.
  • Member of the Steering & Advisory Committee of the Collaborative Research Network East Asian Law and Society for the Third East Asian Law and Society Conference held in KoGuan Law School, Shanghai Jiao Tong University, Shanghai, China on 22-23 March 2013.

Community engagement

  • Member of the CRN33- East Asian Law and Society Steering & Advisory Committee for the Third East Asian Law and Society Conference held in KoGuan Law School, Shanghai Jiao Tong University, Shanghai, China on 22-23 March 2013. 
  • Member of the Editorial Advisory Board of the Law and Society Review (2008-2010).
  • Contributing Editor of the Legal Profession section of The Journal of Things We Like (Lots).
  • Member of the Editorial Board of the Asian Journal of Law and Society. 
  • (2009-2011) Member of the Faculty Board, Faculty of Business and Economics, Macquarie University.
  • (current) Member of the Faculty of Business and Economics Human Ethics Sub-Committee, Macquarie University. 
  • (2012 ~ ) Deputy Chair, Faculty of Business and Economics Human Ethics Sub-Committee, Macquarie University.