Bound by precedents of courts above invariably assumed that it is bound by CFI

Bound by precedents of courts above invariably

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Bound by precedents of courts above( “invariably assumed” that it is bound by CFI and all appellate tribunals - Not bound by own precedents( Liu Chi Cheung v Tsang Wai Choi) Magistrates’ Courts, Lands Tribunal, Small Claims Tribunal, Obscene Articles Tribunal - Bound by precedents of courts above - Not “absolutely bound” by own precedents 5. Statutory Interpretation Purposes - Give effect to the intention of the legislature R v Secretary of State for the Environment Transport and the Regions , es p Spath Holme Ltd [2001] 2 AC 349, 295 - The task of court: ascertain the intention of the Parliament expressed in the language under consideration - The intention of the Parliament is an objective concept( consistent with the principles of legislative supremacy and separation of powers - An important process for adapting and updating the legislature’s intent within reason > ordinances may remain relevant and practicable - Appellate courts are at the forefront of adapting the law to evolutions in society, the economy, medicine, technology and the constitution HKSAR v Wong Yuk Man (2012) 15 HKCFAR 712, [27] Ma PJ - The court will construe statutory provisions to take into account changes, in particular technological changes that have taken place subsequent to the passing of the statue - A statue> “ always speaking” Example Secretary for Justice v Wong Ka Yip Ken [2013] 4 HKLRD 604, 621-622 - In construing provisions involving science and technology, a statute should be taken to be “always speaking”, and a broad interpretation should be given according to its language, applying it to changing situation subsequent to the enactment, unless it goes beyond natural meaning of the statutory language or the result is absurd or manifesting unjust Historical rules of statutory interpretation:
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Medical Council of Hong Kong v Chow Siu Shek (2000) 3 HKCFAR 144, 152-154 1) Literal rule – accorded primacy to the literal meaning of the language used in the legislation unless some other factor(s) demonstrated that some other meaning represented the true intention of the legislature 2) Golden rule – whatever the literal meaning of the language which the legislature used, there was a presumption that it did not truly intend to bring about an absurd result 3) Mischief rule – presumed that the legislature has targeted a particular mischief and provided a remedy for it - Complementary nature - Now: purposive construction( appreciable extent a development from the mischief rule) Heydon’s Case ( 1584) 3 Co Rep 7, 76 ER 637 Four things to be considered for true and sure interpretation of all statues: 1) What was the common law before the making of the Act 2) What was the mischief and defect for which the common law did not provide 3) What remedy the Parliament has resolved and appointed to cure the disease of the commonwealth 4) The true reason of the remedy( the judges is always to make such construction to suppress the mischief, subtle inventions and evasions for continuance of the mischief, to add force and life to cure the remedy according to
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