How Global Is the Common Law? A Comparative Study of Asian Common Law Systems – Hong Kong, Malaysia, and Singapore

23 Pages Posted: 6 Sep 2017

See all articles by Kwai Hang Ng

Kwai Hang Ng

University of California, San Diego (UCSD)

Brynna Jacobson

University of California, San Diego (UCSD)

Date Written: September 1, 2017

Abstract

This article compares three common law jurisdictions in Asia – Hong Kong, Malaysia, and Singapore. By studying the use of foreign citations in the reported opinions of these jurisdictions, we show that they have acquired a judicial character that is distinctively outward-looking and global. The variety and range of foreign citations suggest that the phenomenon cannot be fully explained as a matter of colonial legacy. The article further discusses the ways in which the use of foreign case citation serve as a means for legal and professional enrichment.

Keywords: Common Law, Foreign Citation, Hong Kong, Malaysia, Singapore

Suggested Citation

Ng, Kwai Hang and Jacobson, Brynna, How Global Is the Common Law? A Comparative Study of Asian Common Law Systems – Hong Kong, Malaysia, and Singapore (September 1, 2017). Available at SSRN: https://ssrn.com/abstract=3030969 or http://dx.doi.org/10.2139/ssrn.3030969

Kwai Hang Ng (Contact Author)

University of California, San Diego (UCSD) ( email )

9500 Gilman Drive
Mail Code 0502
La Jolla, CA 92093-0112
United States

Brynna Jacobson

University of California, San Diego (UCSD) ( email )

San Diego, CA
United States

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