FLSB-Topic 2-Legal system (Updated 9-2015)

FLSB-Topic 2-Legal system (Updated 9-2015) - Functions of...

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2 2 Functions of Law in Functions of Law in Society and Business Society and Business Hong Kong Legal System Hong Kong Legal System Functions of Law in Society and Business Society and Business Hong Kong Legal System
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Key Issues Key Issues Criminal vs Civil Law Sources of Hong Kong law Courts and Tribunals in Hong Kong
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Classification of Law Classification of Law Criminal Law Civil Law Objective s Prevent crimes Punish offenders Resolve disputes Compensate victims Standard of Proof Beyond reasonable doubt Balance of probabilities Remedies Fine Imprisonment Damages Specific performance Injunction 禁禁 Delivery up (Monetary Compensation)
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Criminal Law-Theft Criminal Law-Theft Criminal law: actus rea (action) and mens rea (mental intention) In some rare cases (minor offence), absolute responsibility is possible Theft: Actus rea: misappropriation Mens rea: dishonesty (permanently deprives your right of possession?) (permanently intention)
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Criminal Law-Defences Criminal Law-Defences 抗抗 抗抗 Even though there’re elements of mens rea and actus rea, it may not be a crime if there’s a valid defense. E.g. a) under duress—you’re forced to commit the crime b) self-defense but it must be proportional c) Unsound mind d) In case of murder, if one is provoked 禁禁 to kill, then the sentence may be reduced
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Civil Law Examples Civil Law Examples 抗抗抗抗 抗抗抗抗 ADVERSE POSSESSION Adverse possession : after 12 years, acquire possessory title but cannot sell since there’s no contract under seal The limitation period for the government land is 60 years Why the law is enacted to legitimize the act of theft? Actus rea: the act of occupying and developing the land Mens rea: the intention to exclude others including the original owner of the property (i.e. exclusive possession) How to prove such an intention? (See further, S.H. Goo & Alice Lee, Land Law in Hong Kong (Hong Kong: Butterworths Asia 2010)
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Civil Law Examples Civil Law Examples ADVERSE POSSESSION NEW DEVELOPMENT : HK LAW REFORM COMMISSION Under the proposed scheme: The squatter of registered title land will only have a right to apply for registration after 10 years ' uninterrupted adverse possession. The registered owner will be notified of the squatter's application and will be able to object to the application. If the registered owner fails to file an objection within the stipulated time, then the adverse possessor will be registered. If the registered owner objects, the adverse possessor's application will fail unless he can argue the otherwise e.g. equity by estoppel
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Intellectual property rights Intellectual property rights Intellectual property rights like copyright, trademark, patent etc.
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