Foreword to the First Edition

 

 The book on Equity and Trusts Law written by Mr Lawrence Ma is long overdue. There are few local authoritative textbooks on the subject. Equity comprises of rules and principles based on public conscience of what justice should be in order to temper the hard core of the law. Hence, it reflects very much the sentiments of the community in which we live and must change in accordance with the progress of the society. It is able to sustain the test of time and geographical boundaries and has developed into a special branch of the law.

 

Article 8 of the Basic Law expressly states that rules of equity, alongside with the common law, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene the Basic Law, and subject to any amendment by the Legislature of Hong Kong. The rule of law is the cornerstone for Hong Kong's success as an international financial and commercial centre and the continuity of the legal system ensures that the stability and prosperity of Hong Kong will continue after the Reunification. The legal system of Hong Kong remains unchanged since the Reunification. However, like all laws that have life, it must be capable of growth and continue to develop under the new constitutional order. It is therefore timely that there should be an authoritative book on the subject of equity and trusts as applied to Hong Kong and the case law relating thereto as well as its position under the new constitutional order.

 

Mr Ma has made exhaustive researches on the subject and contents of the book are very comprehensive, in particular, Mr Ma has dealt with the authorities, both local precedents as well as case law of other common law jurisdictions like England and Australia. Under Article 84 of the Basic Law, although the judiciary is no longer bound by the decisions of the Privy Council, judges in Hong Kong may take into consideration precedents of other common law jurisdictions in adjudication of cases. Mr Ma's work is therefore useful for judges, practitioners and academia in this regard. I congratulate him on the completion of a very difficult work and am glad to write this foreword this foreword for his book.

 

The Hon Elsie Leung, GBM, JP

Vice Director, Hong Kong Basic Law Committee, NPCSC, PRC,

Formerly the Secretary for Justice, HKSAR