professor-hsiao-mark-wh
Professor HSIAO Mark W.H
Ph.D
LL.M
LL.B (Hons)
Associate Professor

Contact Information

Li Dak Sum Yip Yio Chin Academic Building – 6343
(852) 3442 4965
mwhhsiao@cityu.edu.hk

Research Interests

  • Banking and Financial Transactions (Private Law Transactions)
  • Basel Capital Adequacy, Liquidity
  • Capital Markets
  • Corporate Manslaughter Liability
  • Debenture,  s144, Safe Harbour
  • Equity and Trusts
  • EMIR, Regulations of Over-the-counter (OTC) derivatives
  • Financial Regulations
  • Money Theory
  • Payment, Clearing and Settlement
  • Securitisation (CDO)

Mark has joined the School of Law, City University of Hong Kong from the one of the higher education institutions in the U.K. His research interest lies in the law of trusts, financial and banking law (Investment Banking) and has authored and published a few books with a focus on banking and financial principles in Hong Kong, China and international practices.

His research focus is on private law on banking and financial transactions particularly on the over-the-counter financial derivatives. His research looks into the area where party autonomy and regulation intersect or interweave such as the regulatory change that might affect the financial transactions. His research thus involves broadly in two points: 1) how changes in regulation policies and market structure influence the private law based transactions in the markets and 2) how market participants respond to such changes. His works are influenced by HLA Hart N Luhmann and Gunther Teubner. He is also interested in using financial models ( i.e. (FV=1+i)n ) and economic theories (i.e. utility theory marginalism pareto efficiency) to explain the transactional model in order to support the change in private law. His research has been cited in the Singapore Court of Appeal case Alwie Handoyo v Tjong Very Sumito [2013] SGCA 44; the Singapore International Commercial Court case CPIT Investments Ltd v Qilin World Capital Ltd and another [2017] SGHC(I) 5; Smith and Hogan Criminal Law (14th edn OUP Oxford 2011) and A Arora Banking Law (Pearson London 2014). Mark has published in the following journals: 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.

SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1440523
Google Scholar: https://scholar.google.com/citations?user=gzLKPy8AAAAJ&hl=en

EXTERNAL APPOINTMENTS/ ESTEEM

Oct 22-23 Honorary Associate Professor, University of Leicester (England)
2013-2022 Associate Professor (Tenured) University of Leicester
2010-2013 Assistant Professor (tenure-track), Faculty of Law, Chinese University of H.K.
2009-2010 Lecturer in Financial Law (B Scale, tenured) SOAS, Univ. of London.
2007-2009 Lecturer in Law (A to B scale, tenured), Bangor University, Wales.
Editorial: Banking and Finance Law Review, Foreign Contributor Board Member (Jan 26-)
Banking and Finance Law Review, Section Editor (Jan 22-Jan 26),
Journal of Legal, Ethical and Regulatory Issues (JLERI 2017-22),
Journal of Social Science (2011-2013).
PhD Exam: Chinese University of Hong Kong (Internal Examiner 2012),
Institute of Advanced Legal Studies, Univ. of Lond (External Examiner 2014),
University of Surrey (21 June 2021).
Assessor: School of Oriental and African Studies (SOAS 2010-2022),
University of London International Programme (2011-2022).
Reviewer: Hong Kong Law Journal, Legal Studies (U.K), Journal of Legal, Ethical and Regulatory Issues, Asia Pacific Law Review, Journal of Banking Regulation, Banking and Finance Law Review, Routledge book proposal review, Elgar book proposal review & Palgrave book proposal review.
2019 Research Project Review for the University of Sharjah on ‘Responsible Mortgage Lending in United Arab Emirates.’
2018 Jury Service, Leicester Crown Court
2016 Fellow of Higher Education Academy (FHEA), now the AdvanceHE.
2016- Grant reviewer for Qatar National Research Fund (QNRF) for the National Priorities Research Program
2016-2022 (UK Research Council) ESRC-GCRF College Peer Review Group (Grant Application Reviewer)
2011-2013 Executive member, Asia Pacific Structured Finance Association Ltd
http://www.apsa-asia.com/directors.html
2016 External reviewer/advisor to MSc Finance and Financial Law Programme, University of Westminster

SELECTED PUBLICATIONS

Books Authored

  •  Principles of Hong Kong Banking Law ( 2nd Edn Sweet & Maxwell, Forthcoming)
  •  Commentary on the EMIR and REFIT: Pluralism in Financial Regulation (Edward Elgar 2025)
  •  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 Chapters & Notes

Book Reviews

  • ‘US Regulation for Asset Managers Outside the United States’ (2018) 33(10) 11 J.I.B.L.R. 382.
  • ‘OTC Derivatives: Bilateral Trading and Central Clearing: An Introduction to Regulatory Policy, Market Impact and Systemic Risk’ [2014] J.I.B.L.R.

Others

  • ‘Learning Equity and Trusts in Commercial Context’ in Trends in Legal Education (2024) May Hong Kong Lawyer
  • ‘物權法定與合同自由原則’ 財經法學 2016 ‘Property right and contractual autonomy’ in Law and Economy published by Law School of Central University of Finance and Economics, China 2016.
  • ‘合同與組織的內在關聯’ 財經法學 2016 ‘Contract and Corporate Structure’ in Law and Economy published by Law School of Central University of Finance and Economics, China 2016.
  • Ong, K and Hsiao, M ‘Translating insolvency from Chinese’ Creditflux August 1 2013 http://www.creditflux.com/Newsletter/2013-08-01/Translating-insolvency-from-Chinese/

Conference Papers

  • ‘CCTL Corporate Law and Governance Cluster Seminar-Gross Negligence Manslaughter.’ Chinese University of Hong Kong 15 Oct 2021 (With Tracy Cheung; As Commentator )
  • ‘Constitution of a Statutory Trust on Clients’ Money in Financial Transactions’ in The Use and Abuse of Trusts and Other Wealth Management Devices Conference 2017, 27-28 July Singapore Supreme Court. (Singapore Management University)
  • ‘Regulating OTC Derivatives: The Central Counterparty's Role and EMIR’ in the ‘Governing Shadow Banking’ conference held on 24 March 2017 at the Institute of Advanced Legal Studies in London chaired by Professor Iain MacNeil.
  • ‘Chinese Civil Law Trust without Equity’ on 23rd April 2015 Leicester-Modena Conference.
  • ‘Financial Regulation & Social Development’ School of Law, Shanghai-Jiatong University, People Republic of China, 22nd & 23rd March 2013.
  • ‘Chinese equitable right and floating charge over account’ (27 Sept 2011) 1st Banking Law Colloquium: Making Securitisation safe again after the Financial Crisis, Centre for Financial Regulation and Economic Development, Faculty of Law, Chinese University of Hong Kong.
  • ‘Tracing assets’, 26th Cambridge International Economic Crime Symposium, Jesus College Cambridge Sept 2008. ‘Chinese securitizations’ 24th Cambridge International Economic Crime Symposium, Jesus College Cambridge Sept 2006.
  • ‘Chinese derivatives’ regulations’, 23rd Cambridge International Economic Crime Symposium, Jesus College Cambridge Sept 2005.

Internal & External Funding

  • The Sustainability and Continuity of Hong Kong Central Counter Party System in the Global and Pluralist Views in the Regulation of OTC Derivatives’ Contracts: Project No: 7200785 $299,940 HKD
  • Microsoft Consultancy Project on Cloud Service in HK Banking : USD $15,000 2012-2013 with Prof. David Donald.
  • CUHK Taiwan Start Up Grant: HKD $25,000 2012-2013.
  • CUHK Research Grant: HKD $34,000 2011-2012.