What does law prohibit?
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Certain anti-social activities.
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What does law prohibit?
Certain anti-social activities.
What is the significance of the Doctrine of Precedent in Hong Kong's legal system?
It ensures that similar cases are treated alike, maintaining consistency in legal decisions.
Why is it important to keep the Department of Justice website for future reference?
It provides valuable information about the legal system in Hong Kong.
How does the Hong Kong legal system classify laws?
Into private law and public law.
Where can you find Hong Kong legislation online?
What are the classifications of law?
Laws can be classified into private law and public law.
Who initiates the proceedings in Criminal Law?
The prosecutor in the Department of Justice.
What role do judges play in a legal system?
They interpret and apply the law in legal cases.
What is the standard of proof in Civil Law?
Balance of probabilities.
What is the standard of proof required in Criminal Law?
Beyond reasonable doubt.
What role does custom play in Hong Kong law?
Custom (慣例) is considered a source of law.
What is customary law?
A legal system where judges consider customs and practices.
What is the primary purpose of law?
To create and maintain social order.
How do judges approach cases in equity?
They consider the circumstances of every case, even if similar in nature, and provide a remedy or solution.
What does statute law refer to?
The body of laws created by Legislature in the form of legislation.
Can you give an example of legislation?
Companies Ordinance.
Where can the applicable national laws for HKSAR be found?
In Annex III of the Basic Law.
What is a legal system?
A framework of rules and institutions that govern a society.
What is a legal system?
A legal system is a framework for creating, interpreting, and enforcing laws within a given jurisdiction.
How does the doctrine of precedent function within the court system?
It is placed within the hierarchical structure of the court system.
What does Private Law concern?
Legal relationships of ordinary people in daily transactions.
Can a case be classified as both Civil and Criminal?
Yes, a case can be either Civil or Criminal, or both.
What happens if a lower court judge encounters a case with no similar precedent?
The judge makes their own judgment and distinguishes the present case from previous cases.
What should a judge in the Court of Appeal do when faced with a similar case previously decided by the Court of Final Appeal?
The judge should follow the precedent set by the Court of Final Appeal.
How do judges apply customary law?
By considering relevant customs and practices.
What type of law is involved in a case of tax evasion?
Criminal Law.
What does Article 18 of the Basic Law state regarding national laws in HKSAR?
National laws shall not be applied in the HKSAR except for those listed in Annex III.
What is the definition of the Doctrine of Precedent?
It is the principle that like cases should be treated in like ways.
What does a legal system include?
A collection of rules, legal processes, legal institutions, and legal personnel.
What type of law is Civil Law classified as?
A form of private law.
What is the doctrine of precedent?
The doctrine of precedent is a legal principle that requires courts to follow the rulings of previous cases in similar circumstances.
How does law function as a mechanism of social control?
By formally regulating behavior within society.
What happens in case of a conflict between common law and rules of equity?
The rules of equity will prevail.
What are laws created by the legislature usually called?
Statute or Ordinance.
Which option describes laws created by judges?
This does not refer to Civil Law.
What type of law is typically associated with a divorce case?
Civil Law.
What is the supplementary system of law that seeks to mitigate the harshness of common law?
Civil Law.
What is the doctrine that seeks to mitigate the harshness of common law?
The doctrine that seeks to mitigate the harshness of the common law by deciding cases based on fairness and equality.
What are the legal sources under the common law system?
Common law and equity, legislation, customary law, etc.
What is the primary purpose of Civil Law?
To settle disputes between individuals and provide remedies.
What are the primary sources of Hong Kong law?
The primary sources include the Basic Law, legislation, common law, and judicial precedents.
What are litigants?
Individuals or entities involved in a lawsuit.
What principle is established by the phrase 'One country, Two systems'?
Socialist system and policies will not be practiced in Hong Kong.
What is the primary emphasis of equity?
Justice and fairness, taking into account morality.
What is legislation?
Laws created by the legislature.
What role does law play in disputes?
To provide solutions under disputes.
What is the doctrine of precedent?
A principle where higher court decisions bind lower courts.
What are the main sources of law in Hong Kong?
Legislation, common law, and the Basic Law.
What are the three categories of national laws applicable to HKSAR?
Diplomatic affairs, nationality laws, and national defense.
What does the body of law that regulates the relationship between the Government and its citizens refer to?
The body of law that regulates the relationship between the Government and its citizens.
What role do legal institutions play in a legal system?
They are involved in the processes of creating, interpreting, applying, and enforcing laws.
Name some areas included in Private Law.
Contract law, commercial law, law of torts, family law, etc.
What are the characteristics of Common Law in terms of application?
Consistent, predictable, and provides a degree of certainty.
What does the balance of probabilities mean in Civil Law?
The evidence establishes that the plaintiff’s claim is more probable than the defense.
What laws are applicable to Hong Kong from the PRC?
PRC national laws.
What is a role of legislation in areas not governed by common law?
Regulate those areas.
What does the New Territories Ordinance recognize?
Chinese customary rights in relation to land in the New Territories.
What is a useful reference for understanding the Hong Kong legal system?
The Department of Justice website: The Legal System in Hong Kong.
What are primary literary sources of law?
Documents that include The Basic Law, PRC national laws, ordinances, subsidiary legislation, and law reports.
What does the phrase 'Civil Law' refer to?
The body of laws that does not relate to criminal offences.
What should students do with the Department of Justice website content?
Study the content before the next lecture.
What are secondary literary sources of law?
Textbooks, legal encyclopedias, law journals, and periodicals.
What is the definition of law?
Law is a system of rules created and enforced through social or governmental institutions to regulate behavior.
Name one example of a primary literary source of law.
The Basic Law.
Who are the relevant parties in a legal system?
Judges, lawyers, litigants, and law enforcement agencies.
Which option describes laws created by judges through the deciding of cases?
Laws created by the judges through the deciding of cases.
What type of law applies to a case of assault?
Criminal Law.
What type of documents are considered literary sources of law?
Documents that contain law.
What legal system is inherited from the UK?
Common law system.
What is the rationale behind the Doctrine of Precedent?
To ensure that like cases are treated in like ways.
What does the body of laws that establish what conduct is criminal refer to?
Criminal Law.
What type of law is relevant in an employment contract case?
Civil Law.
What type of law is Criminal Law classified as?
A form of public law.
What is the function of lawyers in a legal system?
To represent clients and provide legal advice.
What are the benefits of the Doctrine of Precedent?
It results in consistency in decision making, predictability of results, and equal treatment of litigants.
What types of entities does Private Law address?
The legal position of corporate bodies and associations.
What are the main purposes of Criminal Law?
To disapprove, control, and stop certain activities, and to punish the offender.
What is the role of law enforcement agencies in a legal system?
To enforce laws and maintain public order.
When did China resume sovereignty over Hong Kong?
On 1 July 1997.
What is the main concern of Common Law?
Strict application of the law to all people.
What is the normal remedy in Civil Law cases?
Award of damages.
What are the legal processes involved in a legal system?
Creating, interpreting, applying, and enforcing laws.
What is the basis of Common Law?
Based on customs of people.
Who initiates the proceedings in a Civil Law case?
The plaintiffs.
What types of law function based on the doctrine of precedent?
Common law and equity (case law).
How does Common Law treat fairness and equity?
Irrespective of fairness and equity.
What is a potential downside of the rigidity of Common Law?
It may cause injustice.
How is the hierarchy of sources of law structured in Hong Kong?
The Basic Law, PRC national laws, legislation, common law and equity, and custom.
What do judges in lower courts do when faced with a similar situation?
They follow the rule established in earlier cases from higher courts.
What is 'judge-made' law?
Law formed by decisions made by judges.
What is the full name of HKSAR?
Hong Kong Special Administrative Region (中華人民共和國香港特別行政區).
What are the normal remedies in Criminal Law?
Imprisonment and fines.
What does 'beyond reasonable doubt' mean in the context of Criminal Law?
The evidence must establish the prosecutor’s case to a very high degree of certainty.
How does the Doctrine of Precedent contribute to the justice system?
It contributes to the efficiency of the justice system.
Who are considered legal personnel in a legal system?
Individuals involved in the processes of law, such as lawyers, judges, and legal clerks.
What is the typical format of a criminal case title?
HKSAR v Defendant.
What does Public Law deal with regarding individuals?
The power of control over individuals, such as in criminal acts.
What has the rigidity of Common Law led to?
The development of the 'Rules of Equity'.
What is case law in the context of Hong Kong law?
Common Law (普通法案例) and Rules of Equity (衡平法案例).
What do judges do in the common law system?
They hear disputes and keep a record of their judgments, which form part of the law.
What are the two main components included in the common law?
Common law and rules of equity.
What is required for processing cases in Common Law?
Proper form and procedure required by government.
What does Article 8 of the Basic Law state about existing laws in Hong Kong?
The common law, rules of equity, ordinances, subordinate legislation, and customary law shall be maintained.
What does common law and equity refer to in Hong Kong?
Common law (普通法) and Rules of Equity (衡平法).
What is the primary legal system in Hong Kong?
The Common Law system.
What does Public Law concern?
The constitution and functions of governmental organizations and countries.
What does Article 2 of the Basic Law state about Hong Kong's autonomy?
Hong Kong to exercise a high degree of autonomy and enjoy executive, legislative, and independent judicial power.
What is the highest source of law in Hong Kong?
The Basic Law (基本法).
Under what conditions can the laws previously in force in Hong Kong be amended?
If they contravene the Basic Law or are subject to any amendment by the legislature of HKSAR.
What is an example of primary legislation in Hong Kong?
Ordinance (法令).
What legal relationships does Public Law address?
Legal relationships between countries and citizens.
What is one advantage of legislation over common law?
New principles of law can be created.
What are the two types of legislation in Hong Kong?
Primary Legislation (法例) and Subsidiary Legislation (附屬法例).
What document serves as the constitutional basis for Hong Kong?
The Basic Law.
What judicial powers are included in Article 2 of the Basic Law?
Executive, legislative, and independent judicial power, including final adjudication (終審權).
How does legislation cope with societal development?
By creating new laws, such as those for Internet business transactions.
What can legislation do regarding outdated common law rules?
Change the existing common law rules if they are out of date.
What is subsidiary legislation?
Legislation that is made under the authority of an existing law.
