Dr Charles Qu

Adjunct Professor - School of Law

Charles Qu

Email: cqu2@une.edu.au

Secondary Email: qukewen56@gmail.com

Biography

Charles Zhen Qu is an Adjunct Professor with the School of Law of University of New England. Charles was a faculty member at the School of Law of the City University of Hong Kong, Griffith Business School, Murdoch Law School and Griffith Law School. His areas of research include corporate law and corporate insolvency law. He has published in internationally respected outlets such as the University of New South Wales Law Journal, Monash University Law Review, Journal of Business Law, Journal of Corporate Law Studies, Common Law World Review,  and International Insolvency Review.

Research Interests

RESEARCH GRANTS

  • “The decision making on corporate guarantee cases in Chinese courts”, Research Grant Committee (RGC), Hong Kong Government, GRF/ECS 2017-2018, Project No: 11604217, HKD 1,111,350, Jan 2018-Dec 2020, Principal (Chief) Investigator (Co Investigators: Professor Hui Huang and Professor Daxing Jiang).
  • “Schemes of arrangement: towards more practical rules for managing creditor schemes”, Research Grant Committee (RGC), Hong Kong government, GRF/ECS 2015-2016, Project No.: 9042288, HKD 346,250, Jan 2016-Dec 2018, Principal (Chief) Investigator (Co Investigators: Professor David Milman and Professor Roman Tomasic).
  • “Towards an efficient corporate guarantee contracting regime: a case for China”, School Strategic Research Grant 2015/16, School of Law, City University of Hong Kong, HKD 99,905.95, Principal Investigator, July 2016-December 2018.

  • “The public commercial acts in socialist market economy and their regulation – pinpointing the boundary of contracts by the government and state-owned enterprises”, (The 2014 National Social Science Fund Major Projects (the third lot), PRC National Philosophy and Social Science Planning Office, Project number: 14ZDC019, RMB 600,000, Jan 2015-Dec 2017, Co-Investigator, with Daxing Jiang (P-I), Peizhong Gan, et al (Co-Is)).

  • “Franchisor ‘in administration’: profits, factors and impacts”, Institute of Chartered Accountant in Australia, 2012-2013, AUD10,000, Co-investigator; with Dr. Jenny Buchan (Chief Investigator) and Professor Lorelle Fraser.
  • City University of Hong Kong Start-up Grant, 2003, HKD 98,733, “The Allocation of powers between the board of directors and shareholders meeting under China’s Company Law”, Principal Investigator.
  • Griffith University Socio-legal Research Centre small grant 2003, AUD 5,000, “The Responsible entity (of a managed investment scheme) as a trustee”, Principal Investigator.
  • Griffith University Socio-legal Research Centre small grant 2002, AUD 20,000, “China’s New Trust Law”, Principal Investigator

Publications

Books

  • Stefan HC Lo and Charles Z Qu, Law of Companies in Hong Kong (3rd edn, Sweet & Maxwell 2018 (cxcii + 1041 pages)) (www.sweetandmaxwell.com.hk/BookStore/showProduct.asp?...HK..., the first and second edition of this book have been cited with approval in at least nine decisions by the Hong Kong District Court and High Court).
  • Stefan HC Lo and Charles Z Qu, Law of Companies in Hong Kong (2nd edn, Sweet & Maxwell 2015).
  • Stefan HC Lo and Charles Z Qu, Law of Companies in Hong Kong (Sweet & Maxwell, Hong Kong 2013).

Book Chapters

  • Charles Z Qu, “The presumption of regularity in Chinese corporate contracting: evidence and prospect of regional convergence” in Maartje de Visser and Gary Low (ed), Convergence of Commercial Laws in Asia: Methods and Drivers (Cambridge University Press, forthcoming).
  • Stefan HC Lo & Charles Z Qu, “Duties of directors and officers under the Hong Kong Companies Ordinance” in John Scott et al (ed), Company Law in Hong Kong: Practice and Procedure (2016 edn, Sweet & Maxwell, 2016) 209-255.
  • The Hon. Mr Justice Jonathan Harris and Charles Z Qu, “Provisional liquidation” in Susan Kwan, Hon Justice, et al (ed) Company Law in Hong Kong – Insolvency (the 2015 edn, Sweet & Maxwell, Dec 2014) 130-148.
  • Charles Z Qu, "Corporate Rescue" in The Hon. Madam Justice Susan Kwan (ed), Company Law in Hong Kong: Insolvency, (the 2015 edn, Sweet & Maxwell, December 2014) 617-638.

Journal publications

  • Andrew Godwin and Charles Zhen Qu, “Cross-Border Insolvency Law in Hong Kong: Recognition of Foreign Schemes of Arrangement”, International Insolvency Review, forthcoming.
  • Charles Z Qu “Corporate Law Issue, Civil Law Solutions: Resolving Disputes Arising from Unauthorized Corporate Security Contracts in PRC High Courts”, (2020) 1 (1) Arizona State Corporate and Business Law Journal 65-91.[1]
  • Charles Zhen Qu and Andrew Godwin, “Does the Common Law Power to Grant Cross-border Insolvency Assistance Apply to an Insolvency Winding-Up that is Voluntary? The Reaction to Singularis from Singapore and Hong Kong”, (2019) 28 International Insolvency Review 305-319.[2]
  • Charles Z Qu, "The court's power to appoint provisional liquidators to carry out rescue roles: Rethinking Legend”, (2019)28(1) International Insolvency Review 89-102.[3]
  • Charles Z Qu and Stefan HC Lo, “Schemes of arrangement: Economic analysis of three issues relating to classification of claims”, (2017) 40 (4) University of New South Wales Law Journal 1440-1467.[4]
  • Charles Z Qu, “Sanctioning schemes of arrangement: the need for granting the court a curative power”, (2016) 1 Journal of Business Law 13-29.[5]

[1] This paper has been assessed, in an assimilated Research Assessment Exercise (RAE) organised by the City University of Hong Kong Law School, for the purposes of RAE 2020 (HK), as a three-star (internationally excellent) publication. The assessment was conducted by senior scholars who acted as assessors for the 2014 round of RAE.

[2] This paper has been assessed in the abovementioned assimilated RAE as a three-star publication.

[3] This paper has been assessed in the abovementioned assimilated RAE as a three-star publication.

[4] This paper has been assessed in the abovementioned assimilated RAE as a four-star (internationally leading) publication.

[5] This paper has been assessed in the abovementioned assimilated RAE as a three-star publication.

  • Jenny Buchan, Lorelle Frazer, Charles Zhen Qu, Rob Nicholls, “Franchisor insolvency in Australia, profile, factors, and impacts”, (2015) 22 Journal of Marketing Channels 311-332.
  • Emily Ma, Charles Qu, Aaron Hsiao and Xin Jin, “Impacts of China Tourism Law on Chinese Outbound Travelers and Stakeholders: An Exploratory Discussion”, (2015) 11 (3) Journal of China Tourism Research 229-237.
  • Charles Z Qu, “Towards an effective scheme-based corporate rescue system for Hong Kong”, (2012) 12 (1) Journal of Corporate Law Studies, 85-128.
  • Charles Z Qu, “Recent German developments in company controllers’ liability in rescue situations: A comparative evaluation”, (2011) 4 Journal of Business Law 330-356.

  • Charles Z Qu, “Contra bonos mores: A preferred avenue for obtaining satisfaction for company creditors in China”, (2009) 30 (3) Company Lawyer 85-91.
  • Charles Z Qu, “Statutory liability under pre-incorporation contracts in Hong Kong”, (2009) 20 International Company and Commercial Law Review 320-327.
  • Charles Z Qu, “Pre-incorporation contracts in China – A proposal for optimal rules”, (2008) 38 (3) Hong Kong Law Journal 793-830.
  • Charles Z Qu, “The representative power of the shareholders’ general meeting under Chinese law”, (2008) 17 (2) Pacific Rim Law & Policy Journal 259-324 (Lead article).
  • Charles Z Qu and Bjorn Ahl, “Lowering of the corporate veil in Germany: a case note on BGH 16 July 2007 (Trihotel)”, (2008) 4 Oxford University Comparative Law Forum at ouclf.iuscomp.org.
  • Charles Z Qu, “Some reflections on the general meeting’s power to control corporate proceedings”, (2007) 36 (2) Common Law World Review, 231-261.
  • Charles Z Qu, “The role of shareholders’ meeting’s reserve power in the governance of PRC companies”, (2007) 25 (2) Law in Context 53-76.
  • Charles Z Qu, “How statutory civil liability is attributed to a company: An Australian perspective focusing on civil liability for insider trading by companies”, (2006) 32 (1) Monash University Law Review 177-19.
  • Charles Z Qu, “Massey v Wales; Massy v Cooney”, (2006) 6 (1) Oxford University Commonwealth Law Journal 115 – 129.
  • Charles Z Qu, “Managed investment scheme custodial agents beware: They may act as a trustee”, (2005) 17 (3) Australian Journal of Corporate Law 336-346.
  • Charles Z Qu,“Australia’s managed investment schemes: the nature of the relationships among scheme participants”, (2004) 12 (1) Asia Pacific Law Review 69-94.
  • Charles Z Qu, “The doctrinal basis of the trust principles in China’s Trust Law”, (2003) 38 (2) Real Property, Probate and Trust Journal 345-376.
  • Charles Z Qu, “The efficacy of insider trading civil liability regime in the Corporations Act”, (2002) 14 (2) Australian Journal of Corporate Law 161-182.
  • Charles Z Qu, “Luoma Jingshen Yu Xila Jingshen: Pudongfa Yu Dalu” (Roman spirit and Greek spirit, common law and the continent), (2002) 17 Nanjing University Law Review 204-218.
  • Charles Qu, “Parricide, equality and proportionality: Japanese court’s attitude towards the equality principle as reflected in Aizawa v Japan”, (2001) 8 (2) Murdoch University Electronic Journal of Law at http://www.murdoch.edu.au/elaw/incidecs/issue/v8n2.html.
  • Charles Z Qu, “An outsiders view on China’s insider trading law”, Pacific Rim Law & Policy Journal (2001) 10(2) 327-352. This article has been translated into Chinese and published in (2002) 6 《商事法论集 (Commercial Law Review) (Tsinghua University Law School)) 197-220).
  • Charles Z Qu, “Bank of Credit and Commerce International (Overseas) Ltd v Akindele”, (2001) 27 (1) Monash University Law Review 164-175.
  • Charles Qu, “The fiduciary role of the manager and agent in a loan syndicate”, (2000) 12 (1) Bond Law Review 86-105. This article has been referenced in the High Court’s decision in Pilmer v Duke Group Ltd (in liq) [2001] HCA 31 and the decision of the Supreme Court of Western Australia in The Bell Group Ltd v Westpac Banking Corporation [2008] WASC 239.

RECENT CONFERENCE PAPERS

“Does a solvent winding-up constitute a ‘foreign proceeding’ for the purposes of the Model Law: a matter of statutory interpretation”, Restructurings of Companies in Financial Distress: Global and Asian Perspective” Hong Kong Commercial and Maritime Law Centre, City University of Hong Kong, Hong Kong, 10-11 June, Hong Kong.

Andrew Godwin and Charles Zhen Qu “Cross-Border Insolvency Law in Hong Kong – Recognition of Foreign Schemes of Arrangement”, Restructurings of Companies in Financial Distress: Global and Asian Perspective” Hong Kong Commercial and Maritime Law Centre, City University of Hong Kong, Hong Kong, 10-11 June, Hong Kong.

“The common law power to grant recognition and assistance in cross-border insolvency proceedings: the reaction from Hong Kong and Singapore”, Insolvency Academics Network Conference, UNSW Business School, 22 August 2019, Sydney, Australia.

“Cross-border insolvency judicial assistance: the treatment of voluntary winding-up proceedings”, The Guangdong, Hong Kong and Macao Big Bay Area Cross-Border Insolvency Conference, 11 June 2019, Huizhou, Guangdong, China.

“Corporate Law Issue, Private Law Solutions: Resolving Disputes Arising from Corporate Security Contracts under PRC Law”, Corporate Law Teachers’ Association Conference, 3-5 February 2019, The University of Auckland.

“Towards a More Efficacious Corporate Security Contract Regime for China”, 6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017), 5 June 2017, Hotel Fort Canning, Singapore, keynote speech.

“Article 16 of the PRC Company Law: A Need for Convergence?”, Towards an Asian Legal Order: Conversations on Conversations on Convergence conference, Singapore Management University, 8-9 December 2016.

“‘Whither the Scheme of Arrangement in Singapore: More Chapter 11, Less Scheme?’ (by Wee Meng Seng) – A Commentary”, Scheme of Arrangement as a Debt Restructuring Tool conference, Harris Manchester College, Oxford University, 12 January 2017.

Memberships

  • Administrative Experience - JD Programme Leader, City University of Hong Kong Law School, July 2015 to August 2016.
  • Acting Discipline Leader, Business Law, Griffith Business School, July 2012 to January 2013
  • Honours Programme Director, Griffith Business School, January 2011 to July 2012.
  • JD Programme Leader, City University of Hong Kong Law School, May 2007 to July 2008.
  • Acting LLM (Regular Mode) Programme Leader, City University of Hong Kong Law School, Semester B, 2003/04.

  • Member of Editorial Board - Murdoch University Electronic Journal of Law, 2009-2011.