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HK Legal System (System of courts (Court of Final Appeal (hears appeals…
HK Legal System
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Sources of Law
1.)Constitution
Basic Law
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Art 18: the law in force in HK: the BL, laws in Art. 8, laws enacted by the legislation
The courts shall adjudicate case in accordance with the laws prescribed in Art.18, may refer to precedents of other common law jurisdiction
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3.)Case Law
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Doctrine of Judicial Precedent: Judges decide cases in accordance with the legal principles handed down by the courts in previous cases.
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Debt Recovery Case
Small Claims Tribunal
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informal, no legal representative
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District Court
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Formal, Solicitor/Counsel
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Interpretating of Law: deemed to be remedial, fair, best ensure the attainment of the object of the law
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2.) Golden Rule Approach: word more than one meaning, use the one gives the fairer result/ avoids an absurdity(nonsense)
3.)Mischief/Purpose approach: look for the overall purpose of the statute and try to give effect to it