Say H Goo
Say H Goo is s Professor of Law at HKU, Deputy Director of Ronald Coase Centre for Property Rights Research (RCCPRR), Director of Japan and Korea Programme, and founding and former Director of Asian Institute of International Financial Law (AIIFL). He joined HKU in 1995 after over five years of teaching at University of East Anglia and the University of Exeter. A Fellow of The Institute of Chartered Secretaries & Administrators in England (FCIS) and The Hong Kong Institute of Chartered Secretaries (FCS), he also sits on the HKSAR Insurance Appeals Tribunal. He is Distinguished Visiting Professor at the East China University of Political Science and Law, Honorary Visiting Professor at University of Exeter, Co-Principal Investigator of a major HK RGC research grant project on Enhancing Hong Kong as an International Financial Centre, Co-Investigator of a HK GRF research grant on Corporate Governance of Controlled Firms: An Empirical Study of Company Constitutions in China, Hong Kong, and Taiwan, and Collaborator of a Singapore Government MOE research grant project on Legal Transplantation in the Development of Corporate and Securities Laws. He is a member of the International Advisory Board of the Centre for Corporate Law and Securities Regulation at the University of Melbourne, editorial member of leading international journals and reviewer for well-known publishers and journals. He was also member of the HK Government’s Standing Committee on Company Law Reform, and Advisory Group on Corporate Insolvency Law Reform, and sat on Board of Directors of the Hong Kong Insurance Law Association. He has published widely in Corporate Law and Corporate Governance including books and journal articles that were cited by English Law Commission and the English and Hong Kong courts. He has visited many universities including Harvard, Oxford and Cambridge Universities and spoken at UN, UNCITRAL, APEC, and Insol Conferences.
His JSD work takes an Economic Efficiency and Social Justice approach to reforming corporate governance arguing that in many countries, law reform in the past has often been influenced more by what is right or wrong (normative enquiry), or what is fair or unfair (justice consideration), but less influenced by economic efficiency (law and economic analysis or economic consideration) of the rules, and this sometimes leads to the adoption of the wrong rules with unintended consequences. His thesis is that we should consider the economic principles of free market in law reform especially in the area of corporate law and corporate governance, and adopt rules that would facilitate the operation of free market and remove market failures. In this, he does not advocate the strict adherence to cost-benefit analysis, because even if the cost of measures adopted would initially outweigh the benefit, those measures may still be necessary to maintain market confidence and integrity. He argues that we should instead analyse if the rule to be adopted would remove the obstacle to the smooth operation of free market. Several areas of corporate governance issues will be focused on for this inquiry, although the thesis should be applicable generally to other areas. He recognizes that rules that allow free market to function efficiently can also lead to certain sections of the society deprived of the resources allocated under the free market system. Where the resources are basic and fundamental to every individual’s need in the society (eg basic food, health care, necessity and housing), other measures need to be taken by the state to provide a safety net for these sections of the society so that they can have access to these resources (the social justice consideration). This thesis will therefore also investigate whether any rules of safety net are required in the areas examined. The thesis will also consider whether any rule change should be done through self-regulation or government regulation as they both have advantages and disadvantages depending on the institutional arrangements and culture (the consideration of cost of regulation and enforcement). He is guided by Professor John C. Coffee Jr. and Professor Merritt B. Fox.