Conflicting Limitation Periods: A Comparison between Hong Kong and Mainland China

Authors

Alan Gibb, The Chinese University of Hong Kong
King Fung Tsang, The Chinese University of Hong Kong

Abstract

The article examines the conflicting approaches to limitation periods in private international law between Hong Kong and Mainland China. It highlights the complexities arising from Hong Kong's traditional common law approach, which characterizes limitation periods as procedural, and Mainland China's structured approach, which treats them as substantive. The article advocates for legislative reform in Hong Kong to adopt a more modern approach, aligning with international practices and reducing forum shopping and legal uncertainty.

Disciplines

Comparative and Foreign Law | Conflict of Laws | International Law | Law | Legislation

Recommended Citation

Alan Gibb & King F. Tsang, Conflicting Limitation Periods: A Comparison between Hong Kong and Mainland China, 5 Cardozo Int’l & Compar. L. Rev. 1 (2021).
Available at: https://larc.cardozo.yu.edu/ciclr/vol5/iss1/3