Con law tutorial 2.docx - 1)Ask a lawyer Whether your...

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1)Ask a lawyer Whether your intended is violated the lawLawyer: I don’t know whether the government keep any secret rules, I cannot advice youEven when the government Makes the law accessible to everyone=/=sub requirementLanguage of the law should be sufficiently clear and free from ambiguity If Language use in law is ambiguous, that allow government to move the goal post or apply double standard in different casesPeople can look at the context of the law and predict whether their conduct will violate the lawLanguage is vague and general=>can be interpret in different manners and contain 10 possible interpretationsBest lawyer can’t advice you base on the legislationGovernment can unfairly apply the law in different circumstancesRestrict the uncertainty of legislationBL Article 49(2)-protect this aspect of the rule of lawspecific requirementcertainty of the basic law/sufficiently clearwhat factors/criteria to decide whether a law is sufficiently care?If the law is not sufficiently clear, what the court would do?Struck down the law? adopt the middle interpretation?2)Hong Kong court have to apply the law in exercising thie judicial powerjudges apply the law but need to enjoy a certain degree of discretionApply the law majesly->may give rise to unfair caseSentencing in criminalconvicted person to jail Matter of judicial discretionJchua wongUnlawful assemblyOriginal: community service orderDOJ review: go to jail for six monthsAppeal to CFANo society can achieve rule of law?

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Term
Fall
Professor
barbarab.beckerman

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