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 and has previously held academic positions at the Chinese University of Hong Kong, School of Oriental and African Studies and Bangor University (Wales). He has taught banking and finance subjects on JD, LL.M, MA, MSc, PCLL and LL.B programmes. He has also held various administrative roles such as Assistant Director (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.

Publications

Books authored (4)

  • Regulatory Principles of Banking Law in China (Sweet & Maxwell, HK 2015) 200pp.
  • Principles of Hong Kong Banking Law (Sweet & Maxwell, HK 2013) 339pp.
  • International Banking and Finance Laws-principles and regulations (Sweet & Maxwell, HK 2011) 364pp.
  • Financial Regulation of Derivatives, Trust and Securitization in China (Carswell, Toronto 2009) 257pp.

Articles & Book Chapter

  • Hsiao, M ‘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 2017). Forthcoming
  • ‘A shift in the objective deduction of secondary fact in presumption’ (2017) 81(2) The Conveyancer & Property Lawyer 101-115.
  • ‘A shift in the objective measure of the time value of money’ [2015] 23 Restitution Law Review 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) Journal of Business Law 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) Journal of Business Law 141-155.
  • ‘Finality orders in the clearing system and OTC derivatives regulation in Hong Kong’ (2013) 43(1) Hong Kong Law Journal 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) The Conveyancer & Property Lawyer 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) Journal of International Banking Law & Regulation 538-547.
  • ‘Legitimized interference with private properties-Banking Act 2009’ (2010) 25(5) Journal of International Banking Law & Regulation 227-234.
  • ‘The pilot securitization of credit assets in China’ (2009) 24(4) Journal of International Banking Law & Regulation 216-223.
  • ‘Sprouting fiduciary duty of honesty and fidelity: Companies Act 2006’ (2009) 20(9) International Company & Commercial Law Review 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.

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