This collection explores the boundaries of trusts law in the Asia-Pacific region.It is uncontroversial to state that the region’s jurisdictions are diverse, reflecting a mix of histories, economies, politics and legal systems. The essays in this collection illustrate how this diversity is reflected in trusts law. But this thematic and systematic exploration from a region-wide perspective also identifies patterns of commonality in those factors which limit the operation of trusts law, particularly as jurisdictions encounter domestic and international challenges. By charting both convergence and divergence, this study is pivotal in shaping and guiding the future development of trusts law in the region.
Ying Khai Liew is Professor at Melbourne Law School, University of Melbourne, Australia. Masayuki Tamaruya is Professor at Tokyo University, Japan.
1. Introduction: Boundaries in Context, Ying Khai Liew (University of Melbourne, Australia) and Masayuki Tamaruya (University of Tokyo, Japan)PART I. Inherent Limitations2. Uncertain Foundations, Broken Boundaries: Rethinking the Boundaries of Trusts Law in India, TT Arvind (University of York, UK) and CK Nandakumar (Law Chambers of CK Nandakumar, India)3. The Trusts Ordinance of Sri Lanka: Frozen in Time or a Living Instrument?, Anton Cooray (City, University of London, UK)4. Trusts Law and Its Limitations in Cambodia, Sreypich Hout (ABA Bank, Cambodia), Sopheareach Prum, Rosette Sok (both from Kinstellar Southeast Asia, Cambodia) and Matthew Rendall (SokSiphana&associates, Cambodia)5. Exploring the Boundaries of the Macao Trust Law, António Chi Neng Tam (Macao SAR Office of the Secretary for Economy and Finance, China) and Calvin Tinlop Chui (Lektou Advogados, China)6. The Boundaries of Trusts in Thailand: Trust-like Structures in Private Law, Surutchada Reekie (Chulalongkorn University, Thailand) and Adam Reekie (Thammasat University, Thailand)PART II. Defence against Incursions7. ‘Asset Protection Trusts’ in the Cook Islands: Boundaries and Context, Katy Barnett (University of Melbourne, Australia) and Mark Bennett (Victoria University of Wellington, New Zealand)8. Drawing Boundaries between Good and Bad Trusts in Pakistan, Muhammad Zubair Abbasi (Royall Holloway, University of London, UK)9. Trusts’ Boundaries in South Korea, Ying-Chieh Wu (Seoul National University, South Korea)10. The Dominance of Regulatory Oversight in Chinese Investment Trusts, Lusina Ho and HUI Jing (both from the University of Hong Kong, China)PART III. Interfaces11. Equitable Doctrines and Familial Property Disputes: The Express, Common Intention, and Resulting Trust in Malaysia, Hang Wu Tang (Singapore Management University)12. The Boundaries of the Trust in Australia: The Case of Charitable Corporations, Ian Murray (University of Western Australia), Miranda Webster and Matthew Harding (both from the University of Melbourne)13. Reforming the Singapore Trust: Pushing or Breaking Boundaries?, Jeremiah Lau (National University of Singapore) and Kelvin FK Low (University of Hong Kong, China)14. Trusts and Fund Structures in Taiwan: Laws and the Boundaries of Trusts, Yueh-Ping (Alex) Yang (National Taiwan University)PART IV. New Frontiers15. Family Trusts and Crypto-Assets: The Shifting Boundaries of Japanese Trusts Law, Masayuki Tamaruya (University of Tokyo, Japan) and Hitoshi Kimura (Kwansei Gakuin University, Japan)16. Context, Custom, Change: The Making of New Zealand Trusts Law, Geoff Mclay (Victoria University of Wellington, New Zealand)17. Liberalisation of Trusts Law in Hong Kong: Continued Growth or Concealed Wealth?, Rebecca Lee (University of Hong Kong, China)18. The Boundaries of Trusts Jurisdiction Clauses in the Asia-Pacific Region, Richard Garnett and Ying Khai Liew (both from the University of Melbourne, Australia)
For lawyers, trustees and family office professionals seeking grounded comparative insight across Asia, this is a thoughtful, practical and timely read.