ACCT%203151%20Business%20PP1-1 - ACCT 3151 Business Law...

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Unformatted text preview: ACCT 3151 Business Law Assignments (50%) Examination (50%) Overall Pass Required Tips to Study Law Attend all classes "Digest" the course materials Do not hesitate to consult your teacher when you have difficulties in study Study the sample questions and suggested solutions provided to you Develop good analytical and language skills The Basic Law A national law of the PRC The constitution of Hong Kong Source of all laws in Hong Kong No other laws can contravene it Prevents the government from abusing its powers and protecting the citizens' rights When would the courts declare a law to be against the Basic Law? Example 1: Ng Ka Ling case (1999) Legislation: illegitimate children born by HK people in China did not have the right of abode The Basic Law: all children born by HK people in China have the right of abode. All persons are equal before the law. Result: the legislation was invalid. When would the courts declare a law to be against the Basic Law? Example 2: Chan Kin Sum case (2009) Legislation: anyone who is serving a term of imprisonment cannot vote The Basic Law: all persons can vote When would the courts declare a law to be against the Basic Law? Result: The right to vote is subject to reasonable restriction. But the restriction based on imprisonment is unreasonable since the crime committed could be minor. The legislation is therefore invalid. Who can interpret the Basic Law? HK courts in deciding cases NPCSC (it can do so at any time) NPCSC's interpretation prevails over HK court's interpretation Legislation Normally introduced by the government To be passed by the Legislative Council The Chief Executive has the final say as to whether the legislation can have legal effect Interpreted by the judiciary How do judges interpret legislations? Road Traffic Regulations: Drivers of public vehicles must `behave in a civil and orderly manner' or they would commit a crime Q: Does this crime cover the case of saying foul language to a passenger? A: Yes (HKSAR v Tse [2000] 3 HKC 247). Common Law Made by the courts Case law Each court has to follow the rules made by all courts above it Each court has to follow its own rules generally Advantage: the rules are consistent Law of Equity Made by the courts Case law Equity `reforms' the common law rules It provides more remedies to the innocent party in cases involving breach of contract Courts vs. tribunals Courts: deal with all areas of law rather than only specified areas of law Courts: more complicated formal procedure involved Courts: capable of making rules and overturning decisions made by tribunals Civil law vs criminal law Fact: A drove his car carelessly and hit B. The government would take a criminal law action vs A. A would be punished by the government. B needs to take a civil law action vs A to recover his (B's) loss from A. ...
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This note was uploaded on 02/04/2012 for the course ACCT 3151 taught by Professor Martinko during the Spring '11 term at CUHK.

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