Mark Hsiao

Associate Professor in Commercial Law
LLB, LLM, PhD, FHEA
Email: mark.hsiao@le.ac.uk
Telephone: +44 (0)116 223 1255

Personal details

Prior to joining the Leicester Law School, University of Leicester, in July 2013, Mark has worked at universities both in the U.K and in Hong Kong. He previously held academic positions at the Chinese University of Hong Kong, School of Oriental and African Studies and Bangor University (Wales).The focal interest of his research lies in the law of trusts, financial and banking law; he has also researched and taught in a broader context of commercial law. He has authored and published four books with a focus on banking and financial principles in Hong Kong, China and international practices. He also has a wider research interest in commercial law contexts, which is reflected in the titles of journal articles that have been published in the Banking and Finance Law Review, Capital Markets Law Journal, the Conveyancer, the Company Lawyer, Hong Kong Law Journal, Journal of Business Law, Journal of Banking and Finance Law and Practice, Lloyds Maritime & Commercial Law Quarterly, Restitution Law Review and Trusts & Trustees. His work has been cited in the Singapore Court of Appeal case Alwie Handoyo v Tjong Very Sumito [2013] SGCA 44 and the Singapore International Commercial Court case CPIT Investments Ltd v Qilin World Capital Ltd and another [2017] SGHC(I) 5.

He has taught banking and financial law on JD, LL.M, MA, MBA, MSc, PCLL and LL.B programmes. He has also held various administrative roles such as Deputy Director to the JD programme, Deputy Director of the MSc Law and Finance and the Director of the MBA Banking (University of London International Programme). Whilst working in H.K., he was an executive board member of the Asia Pacific Structured-Finance Association (H.K), he also served as one of executive members of the Centre for Financial Regulation and Economic Development, Chinese University of Hong Kong.

Current Teaching

LL.B: Equity and Trusts.

LL.M: International Banking Law.

LL.M: Capital Markets.

Selected Publications

Books authored (4)

Articles & Book Chapters

  • 'Revisiting Vandervell v IRC: Classification of the Option and Implications' (2018) 33(11) J.I.B.L.R 397.
  • 'Judicial Reasoning in Statutory Trust and Client Money' (2018) 82(3) Conv. 244-261.
  • 'Liability to pay interest: Use value and time value' [2018] L.M.C.L.Q 477.
  • 'The Concept of the Trust in Common Law and Civil Law and Its Impact on Structured Finance' in K Ong and CK Low (eds)  Structured Finance and Securitisation in Asia 2018 (Sweet & Maxwell 2018) 91-112 (with S Gallagher).
  • ‘Target Redemption Forwards and Contractual Estoppel’ in K Ong and CK Low (eds) Structured Finance and Securitisation in Asia 2018 (Sweet & Maxwell 2018 ) 113-124.
  • ‘Regulating OTC Derivatives: The Central Counterparty's Role and EMIR’ in Iris Chiu & Iain MacNeil (eds) Research Handbook on Shadow Banking: Legal and Regulatory Aspects (Elgar 2018) 205-228.
  • ‘A shift in the objective deduction of secondary fact in presumption’ (2017) 81(2)  Conv. 101-115.
  • ‘A shift in the objective measure of the time value of money’ [2015] 23 RLR 92-105.
  • Chinese Trust Law: Registration as the Concept-Substitution and a Work-Out Solution for Investors (Beneficiaries)’ (2015) 25(8) Trusts & Trustees 1-13.
  • ‘The shift in China from corporate crime to corporate manslaughter crime: comparisons with the UK and Australia’ [2015] (1) JBL 68-83.
  • ‘OTC Derivatives Regulation in China: how far across the river?’ (2014) 25(1) Journal of Banking and Finance Law and Practice 14-25.
  • ‘The legal transplant of the English floating charge and the pledge over receivables into Chinese law’ [2014] (2) JBL 141-155.
  • ‘Finality orders in the clearing system and OTC derivatives regulation in Hong Kong’ (2013) 43(1) HKLJ 139-160.
  • From ISDA to NAFMII: Insolvency Stalemate and PRC Bankruptcy Jurisprudence’ (2013) 8(1) Capital Markets Law Journal 77-89 (with Mr. Kingsley Ong).
  • ‘The beginning and the end of an era of charitable public benefit in Hong Kong’ (2012) 76(3)  Conv. 228-242.
  • ‘Does China need financial derivatives’ regulation: Catch 22 or a vicious circle?’ (2012) 27(3) Banking and Finance Law Review 445-463.
  • ‘Deposit Insurance Scheme as the final destination-Mapping the financial market’(2011) 26(11) J.I.B.L.R. 538-547.
  • ‘Legitimized interference with private properties-Banking Act 2009’ (2010) 25(5) J.I.B.L.R. 227-234.
  • ‘The pilot securitization of credit assets in China’ (2009) 24(4) J.I.B.L.R. 216-223.
  • ‘Sprouting fiduciary duty of honesty and fidelity: Companies Act 2006’ (2009) 20(9) Int'l Company & Com.L.Rev. 301-308.
  • ‘Abandonment of the doctrine of attribution for gross negligent test on the Corporate Manslaughter and Corporate Homicide Act 2007’ (2009) 30(4) The Company Lawyer 110.
  • ‘An analysis of the Basel II framework on credit derivatives treatment on trading book for risk mitigation purpose and relationship to banking book’ (2008) 29(1) The Company Lawyer 26.
  • ‘Legal infrastructure of Chinese banking credit derivatives trading leading to securitization’ (2007) 28(10) The Company Lawyer 303.

Book Reviews

  • US Regulation for Asset Managers Outside the United States’(2018) 33(10) J.I.B.L.R 382.
  • OTC Derivatives: Bilateral Trading and Central Clearing: An Introduction to Regulatory Policy, Market Impact and Systemic Risk’ (2014) 29(9) J.I.B.L.R 599.

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