LLAW 2005 - Principles of Law

Name: Chu Yuen Tung, Joanne (14207516)

Lam Wing Shan, Kayla (14207605)
Pang So Yan, Jennifer (14207591)
So Tsz Ching, Natalie (14207605)
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Agenda
Question 1a
Addtional questions
Question 1b

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The constitution of a state or territory can be defined as one
which establishes (constitutes) the basic institutions of
government, distributes governmental authority amongst them,
defines the relationship between them (Wesley-Smith, 1998,
p. 20)

Given the definition, explain in what ways the Basic
Law is the constitution of the Hong Kong Special
Administration Region (HKSAR).

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What is Constitution?
Documents: comprises the written constitution
(the most basic rules are all together in one
place)

Particular legislation, or decisions by the
courts, contribute to the complex of precepts
which fall into the category of constitutional
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4 Parts
A. Basic institutions of government

B. Distributes governmental authority amongst them

C. Defines the relationship between them

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A. Basic institutions of Government


Article 31 of the Constitution of the Peoples Republic of China
establish special administrative regions
That systems to be instituted shall be prescribed by law enacted by the
National Peoples Congress

Legislation

Basic Law
BL11
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B. Distribute governmental authority amongst them
1. The Chief Executive
BL43 - Head of HKSAR and represent the region
BL48 - State the powers and functions that the Chief Executive shall be exercised


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B. Distribute governmental authority amongst them
2. The Executive Council
BL59 - Executive authorities of the Region
BL62 - State the powers and functions that the Government shall be exercised

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B. Distribute governmental authority amongst them
3. The Legislative Council
BL 66 - Legislature of the Region
BL 73 - State the powers and functions that the Legislative Council shall be exercised
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C. Define the relationship between them
Chief Executive Executive Council





BL56
Executive
Council
Chief Executive
10
C. Define the relationship between them
Chief Executive Executive Council


Making important policy decisions

Introducing bills to Legislative Council

Making subordinate legislation

Dissolving the Legislative Council


BL56
Consulting the
Executive
Council
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C. Define the relationship between them
Chief Executive Legislative Council





BL49
Bill
Chief Executive
12
C. Define the relationship between them
Chief Executive Legislative Council





BL76
Bill
LAW
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C. Define the relationship between them
Chief Executive Legislative Council





BL49
Within 3 months,
Chief
Executive
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C. Define the relationship between them
Chief Executive Legislative Council





BL49
Bill: PASS
Chief Executive
Within 1 month,
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C. Define the relationship between them





BL50
Chief
Executive
Executive
Council
Legislative
Council
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C. Define the relationship between them
Chief Executive Legislative Council





BL49
Bill: PASS
Chief Executive
Within 1 month,
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C. Define the relationship between them
Chief Executive Legislative Council





BL50
18
C. Define the relationship between them
Chief Executive Legislative Council





BL50
19
C. Define the relationship between them
Chief Executive Legislative Council









BL50
Dissolve
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C. Define the relationship between them
Chief Executive Executive Council









BL50
Consultation
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The basic policies of the Peoples Republic of China regarding Hong Kong have
been elaborated by the Chinese Government in the Sino-British Joint
Declaration.
In accordance with the Constitution of the Peoples Republic of China, the
National Peoples Congress hereby enacts the Basic Law of the Hong Kong
Special Administrative Region of the Peoples Republic of China, prescribing
the systems to be practised in the Hong Kong Special Administrative Region, in
order to ensure the implementation of the basic policies of the Peoples
Republic of China regarding Hong Kong.
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Question
Who is the Chief Executive of HKSAR?
Who is the convenor of the Executive Council?
Who is the president of the Legislative Council?
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Additional Question 1
Who is the Chief Executive of HKSAR?

CY Leung
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Additional Question 2
Who is the convenor of the Executive Council?
Lam Woon-kwong
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Additional Question 3
Who is the president of the Legislative Council?

Jasper Tsang
(Tsang Yok-sing)
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The doctrine of precedent can maintain the
consistency and the flexibility of the case law
system at the same time. Discuss.
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What is Case Law?
Common Law System
Legislation Case Law
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What is case law?
Case law
established based on previous judicial decisions. (judge-made law)

Reasons for the decision
1. finding facts distinguished in the future
2. statements of law principle of law to apply in order to solve problems
and reach the decision
3. statements of law made by the way distinguished from the ratio of a
case, introducing development and persuasive precedent
4. the decision outcome of the court hearing
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What is the doctrine of precedent?
The doctrine of precedent:

like cases should be treated alike, and
dissimilar cases should be treated differently
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Case Study - Stare decisis
Present case: Grant v. Australian Knitting Mills in 1936
The woolen underwear contained chemicals that caused dermatitis

Previous cases: Donoghue v. Stevenson in 1932
If the beer was contaminated during the process with a dead snail, the manufacturer of
ginger beer would be liable to the consumers.

It was held that:
The manufacturer was LIABLE for the incident
Doctrine of Precedent
Follow the principle established in the Donoghue v. Stevenson case
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Consistency

previously heard any points of law

decided by a higher ranking court
require to be followed


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Case Study
Wong Lok Keung v discovery Bay Transport Services Ltd (2005)
A ferry worker
Pushing a trolley along a narrow
passage towards the ferrys gangway
Tripped over a raised metal plate
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Discovery Bay Transport
Services Ltd was not liable to
this incident.
This case was similar to the
previous case Pickford v
Control Data Ltd in 1984.
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Previous case: Pickford v Control data Ltd(1984)
A worker tripped over a tile rising inch while
pushing a trolley in a large workshop with
5500 tiles

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*Metal plate
occupied most of the part of the gangway
1 inch thick
The chance of tripping was not remote
W could fall overboard or be crushed by a mooring ferry
The fact in Pickfords case not
comparable with Ws case
DBTS Ltd :
LIABLE
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The operation of the doctrine of binding
precedent is limited.

The ratio is the only part of the decision which
is a binding precedent.
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possibility of decision
overruled or distinguished

Overruled:
different decisions between Court of First Instance (CFI) and
Court of Appeal (CA)
overruled CFI decision
Legislature creates a new law contradict the decision
overdue the decision
Flexibility
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Distinguished

if the decision is significantly different need to be considered
if not, may not warrant distinguish
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Reference
1. Vanessa, S. (2010). An Introduction to Hong Kong Business Law. Singapore: Pearson
Education South Asia.

2. Peter, W. S. (1998). An Introduction to the Hong Kong Legal System. Hong Kong :
Oxford University Press.

3. The National Peoples Congress of the Peoples Republic of China. (March 14, 2004)).
Constitution of the Peoples Republic of China. Retrieved Sep 23, 2014, from
http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372963.htm

4. The Basic Law. (n.d.). The basic law of the Hong Kong Special Administrative
Region of the Peoples Republic of China. Retrieved Sep 23, 2014, from
http://www.basiclaw.gov.hk/en/basiclawtext/images/basiclaw_full_text_en.pdf.


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The End
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