File Name: law of contract in hong kong cases and commentary .zip
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The last 12 months has seen Hong Kong come into intense focus in the headlines of international media. The Competition Ordinance Ordinance has been fully in force since December
Magistrates' Court. Under one country, two systems, Hong Kong mostly preserved its own legal system developed under British rule , distinct from Mainland China.
The Hong Kong legal system is a common law one, based on a combination of English common law developed also in local cases and local legislation codified in the Laws of Hong Kong. In comparison, the PRC has a civil law system with socialist roots. The Hong Kong judiciary has had a long-standing reputation for fairness and was rated as the best judicial system in Asia by one survey in Hong Kong's legal system was developed under British governance, based on the English common law.
Hong Kong would be governed by the " one country, two systems " principle, under which Hong Kong's previous capitalist system and way of life, including the legal system, would remain unchanged for a period of 50 years until Administrative law in Hong Kong is heavily modelled on its counterpart in England and Wales , especially the law of judicial review.
This applies both to the procedure and grounds of judicial review, though there is some divergence in various areas. Some aspects of administrative law, for example administrative tribunals, were originally modelled on their counterparts in England and Wales but have not been systematically reformed for decades.
Article 8 stipulates that all laws in force before , including. Article 18 states, further, that national laws, from the People's Republic of China do not apply, except for a specific list in Annex III to the Basic Law, to which the Standing Committee of the National People's Congress can add or delete what it chooses.
However, this may only be in the fields of "defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law". It also has a derogation, in a war situation, for a state of emergency to be declared. These national laws apply in Hong Kong by the Hong Kong legislature legislating on the same matter: for example, the Law of the People's Republic of China on the National Flag, a Chinese statute, takes effect in Hong Kong in form of the National Flag and National Emblem Ordinance, a local statute enacted by the local legislature.
The Basic Law contains provisions that offer protection for human rights. Any laws that contravene the Basic Law are unconstitutional and are of no effect. Family law in Hong Kong is heavily modelled on its counterpart in England and Wales with important modifications. Hong Kong does not have a statutory matrimonial property regime.
There is no system of "community of property" and property rights are not in principle affected by marriage. Instead, the family courts have very broad discretion to make a range of financial orders upon a decree of divorce pursuant to the " Matrimonial Proceedings and Property Ordinance Cap ", namely for: periodical payments, secured periodical payments, lump sum payments, transfers or sale of property, settlement of property into a trust , and variation of settlements.
Similarly, there are powers to make orders for maintenance pending suit once divorce proceedings have begun. These are interim measures that will end once the final divorce decree is granted.
In making final financial orders in favour of a spouse, courts are guided by four principles: i the objective of fairness, ii rejection of discrimination, iii the yardstick of equal division, and iv rejection of minute retrospective investigation see " LKW v DD "  HKCFA 70;  6 HKC They are also required to consider the following non-exhaustive list of factors see section 7 1 of the Matrimonial Proceedings and Property Ordinance Cap The family courts have broad jurisdiction to deal with the welfare of children under the provisions of the " Guardianship of Minors Ordinance Cap 13 ", the " Separation and Maintenance Orders Ordinance Cap 16 ", the " Matrimonial Causes Ordinance Cap " and the " Matrimonial Proceedings and Property Ordinance Cap ".
Additionally, the High Court's has broad powers under its inherent jurisdiction including wardship. In parental disputes, generally the courts are concerned with making orders for custody, care and control, and access. These orders are distinct from questions of financial responsibility for children i.
Access is the right to have contact with the child, it may be unsupervised or supervised i. Care and control is the right to make day-to-day decisions about the child; it should not be confused with "shared care" and the notion of the primary caregiver. The paramount consideration for the court is always the welfare or "best interests" of the child; this is known as the Welfare Principle see section 3 of Cap In determining the best interests of the child, the court will generally have regard to the Welfare Checklist, i.
The jurisdiction of the family courts to deal with divorce, separation and nullity of marriage is set out in the " Separation and Maintenance Orders Ordinance Cap 16 " and the " Matrimonial Causes Ordinance Cap ". Its primary functions include the incorporation of local companies; the registration of oversea companies; the registration of documents required to be submitted by registered companies; the deregistration of defunct, solvent private companies; the prosecution of companies and their officers for breaches of the various regulatory provisions of the Companies Ordinance; the provision of facilities to inspect and obtain company information; and advising the Government on policy and legislative issues regarding company law and related legislation, including the Overall Review of the Companies Ordinance.
It has responsibility for the registration of owners corporations under the Building Management Ordinance. It provides legal advice primarily to the Lands Administration Office of the Lands Department and other government departments on land related matters and ordinances. LACO is responsible for drafting and settling government land disposal and lease modification documents.
LACO is also responsible for the preparation of documentation relating to the acquisition of land from private owners pursuant to statutory powers and the payment of compensation to those owners. It also approves Deeds of Mutual Covenant requiring approval under land leases. LACO also provides conveyancing services to the Financial Secretary Incorporated for the extension of non-renewable leases, the Government Property Agency for the sale and purchase of government properties and the Secretary for Home Affairs Incorporated for the purchase of accommodation for welfare purposes in private developments.
It handles applications for the apportionment of premium and government rents under the Government Rent and Premium Apportionment Ordinance. In addition, it is responsible for the recovery of arrears of government rents other than rents under the Government Rent Assessment and Collection Ordinance.
It provides expert policy advice to the Commerce, Industry and Technology Bureau and legal advice to other government departments on intellectual property.
It comments on draft intellectual property bills. It operates the registries of trade marks , patents and designs. It is also responsible for registration of copyright licensing bodies.
With the authority of the Central People's Government where necessary, it has concluded more than a hundred bilateral agreements with other jurisdictions. Using the name "Hong Kong, China", the HKSAR also participates on its own as a full member in international organisations and conferences not limited to states, e. It is fundamental to Hong Kong's legal system that members of the judiciary are independent of the executive and legislative branches of government.
It is headed by the Secretary for Justice , who is a member of the Executive Council and is the Government's chief legal adviser. Its membership includes academics, practising lawyers and prominent community members. The commission has published reports covering subjects as diverse as commercial arbitration, data protection, divorce, sale of goods and supply of services, insolvency, fraud and statutory interpretation.
The recommendations in many of its reports have been implemented, either in whole or in part. It is currently considering references on privacy, guardianship and custody, domicile, privity of contract, advance directives, hearsay in criminal proceedings and conditional fees. In Hong Kong, the legal profession consists of both solicitors and barristers.
As of 31 December , there were at least 8, practising solicitors and local law firms , plus some 77 foreign law firms, 1, registered foreign lawyers. And there were at least 1, practising barristers in chambers. Even prior to the transfer of sovereignty of Hong Kong , Hong Kong's legal profession was open to foreign law firms allowing foreign firms to establish a much earlier foothold in Hong Kong than in the People's Republic of China.
While foreign law firms face much less strict regulations than they would in the People's Republic of China due to the "one country, two systems" rule, they have seen increasing competition from local firms as PRC firms have become more sophisticated. There are currently three law schools offering the Postgraduate Certificate in Laws , required for starting work as a trainee solicitor or pupil barrister.
Eligible persons are provided with legal representation depending on their financial circumstances. It also covers proceedings in some tribunals and certain Coroner's Court cases. An applicant must satisfy both a 'means test' and a 'merits test'. For the merits test, the Director must be satisfied that an applicant has reasonable grounds for bringing or defending the civil proceedings to which the application relates.
A person aggrieved by a decision of the Director may appeal to the Registrar of the High Court. An applicant must satisfy the means test criteria which are the same as for civil cases. Notwithstanding that an applicant's financial resources exceed the statutory limit, the Director of Legal Aid may grant legal aid to the applicant if the Director is satisfied that it is desirable in the interests of justice to do so.
However, in appeal cases, the Director of Legal Aid must be satisfied that there are meritorious grounds for appeal with a reasonable prospect of success. Notwithstanding the refusal of a legal aid application by the Director of Legal Aid, a judge may himself grant aid if the applicant has satisfied the means test.
Applicants in cases involving a charge of murder , treason , or piracy with violence may apply to a judge for granting of legal aid, and exemption from the means test and from payment of contribution.
This scheme provides legal representation to the sandwich class whose financial resources are above the upper eligibility limit for legal aid i. The scheme also covers claims under the Employees' Compensation Ordinance irrespective of the amount of the claim. Three programmes of legal assistance, jointly administered by the Law Society and the Bar Association of Hong Kong, are subvented by the Government. The Duty Lawyer Scheme rosters barristers and solicitors in private practice to appear in the Magistrates and Juvenile Courts on a remunerated basis.
The scheme provides representation to all juveniles defendants under 16 and to most adult defendants charged in the Magistrates' Courts who cannot afford private representation. In , 22, defendants were assisted. The Free Legal Advice Scheme, staffed by over 1, volunteer lawyers, operates 12 sessions per week at nine evening centres. In , 6, cases were handled. The scheme is not means tested. Eight telephone lines operate 24 hours.
In , 16, calls were received. From Wikipedia, the free encyclopedia. This article has multiple issues. Please help improve it or discuss these issues on the talk page. Learn how and when to remove these template messages. This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources.
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Main article: Hong Kong Basic Law. Main article: Hong Kong criminal law. Further information: Capital punishment in Hong Kong. This section needs expansion. You can help by adding to it.
Law of Contract in Hong Kong: Cases and Commentary 3rd Edition [Stephen Hall] on madvirgin.org *FREE* shipping on qualifying offers. Law of Contract in.
Now in its fifth edition, this well-known text has been essential reading for Hong Kong law students for many years. Written by one of the foremost experts its clear prose, detailed analysis and local focus have ensured its enduring popularity as a text book. This edition is fully up to date with the latest cases, and includes a revised chapter order to help aid understanding of this important topic.
As the COVID pandemic continues its spread around the word and re-introducing new clusters into Hong Kong, the realization for many businesses that the current situation of social and physical distancing  , travel restrictions and self-quarantine will prevail for not weeks, but months even will mean serious disruption and business will not be usual. We have therefore prepared a short primer for employers and employee to know their rights and obligations in these uncertain times. Have the rights and obligations in the employment relationship changed because of the Virus?
When a contract is breached, the innocent party has three remedies. In the modem world, IW nation can hope to expand its commercial and Economic life unless there exists a firm legal basis which will ensure the Necessary elements of stability and security in business transacti6m while at the same time providing a sufficiently articulated yet flexible framework within which trade and commerce may flourish and grow. All rights reserved. Case law may extend the application of legislation and is deemed to form part of the law.
English contract law is a body of law regulating contracts in England and Wales.
Recent developments in Hong Kong pose significant threats to foreign firms operating there — of which 1, or so are US firms. But in any event, all companies should take care to secure their people, consider potential scenarios, and create options in the event a major move is required. The U.
По своей природе математики-криптографы - неисправимые трудоголики, поэтому существовало неписаное правило, что по субботам они отдыхают, если только не случается нечто непредвиденное. Взломщики шифров были самым ценным достоянием АНБ, и никто не хотел, чтобы они сгорали на работе. Сьюзан посмотрела на корпус ТРАНСТЕКСТА, видневшийся справа. Шум генераторов, расположенных восемью этажами ниже, звучал сегодня в ее ушах необычайно зловеще.
ANON. ORG FROM: ETDOSH1SHA. EDU И далее текст сообщения: ГРОМАДНЫЙ ПРОГРЕСС. ЦИФРОВАЯ КРЕПОСТЬ ПОЧТИ ГОТОВА. ОНА ОТБРОСИТ АНБ НАЗАД НА ДЕСЯТИЛЕТИЯ.
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Меня зовут Дэвид Беккер. - Беккер улыбнулся и над столом протянул парню руку. Панк брезгливо ее пожал. - Проваливал бы ты, пидор. Беккер убрал руку.
В этот субботний вечер в Коридоре красного дерева было пусто, все служащие давно разошлись по домам, чтобы предаться излюбленным развлечениям влиятельных людей. Хотя Бринкерхофф всегда мечтал о настоящей карьере в агентстве, он вынужден был довольствоваться положением личного помощника - бюрократическим тупиком, в который его загнала политическая крысиная возня. Тот факт, что он работал рядом с самым влиятельным человеком во всем американском разведывательном сообществе, служил ему малым утешением.
Беккер понимал, что в больнице не захотят назвать имя и адрес больного незнакомому человеку, но он хорошо подготовился к разговору. В трубке раздались длинные гудки. Беккер решил, что трубку поднимут на пятый гудок, однако ее подняли на девятнадцатый.
- Дамы и господа, - он опять тяжело вздохнул, - перед вами компьютерный агрессор-камикадзе… червь. - Червь? - с недоумением переспросил Бринкерхофф. Название показалось ему чересчур земным для такого агрессора. - Червь, - недовольно сказал Джабба.
The goal of this edition, the sixth of this important work, is to further contribute to the growing body of work dealing with Hong Kong's law of contract. The cases.Kai N. 15.05.2021 at 22:33
Law of Contract in Hong Kong: Cases and Commentary, 5th Edition (includes Supplement and Corrigenda). Author: Stephen Hall; Publisher: LexisNexis.Demi H. 16.05.2021 at 05:17
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Magistrates' Court.Pierpont B. 18.05.2021 at 03:02
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