Hong kong legal system

One country, two systems

Coroner's Court The Coroner's Court inquires into the nature or the cause of deaths which occur as a result of accident or violence or under suspicious circumstances. What are the main differences between Solicitors and Barristers. Compensation may be ordered in the affected person's favour.

At the same time, all such cases are scrutinized at the Magistrates Courts by Senior Court Prosecutors acting on behalf of the Secretary. Statute law makes up a large component of the Hong Kong laws. A party may also serve Hong kong legal system on the other side asking the other party to provide answers on oath to certain written questions.

The District Court judge sits alone without a jury. However, the majority of cases before Magistrates are prosecuted by Court Prosecutors. Eight telephone lines operate 24 hours.

While in respect of certain offences their powers are greater. Reports of any proceedings on an appeal cannot be published, except for those permitted under the rules, such as the grounds of appeal and the decision of the Court of Appeal Rule 6, Criminal Procedure Appeal Against Discharge Rules Cap F.

Trials and hearings are generally open to the public, with some exceptions. The Law Drafting Division is responsible for drafting all legislation, including subsidiary legislation, in Chinese and Englishand assists in steering legislation through the Executive and Legislative Councils.

It also hears applications for the determination of compensations caused by land resumption and the appeals against Hong kong legal system assessment of rateable value or government rent or market value of properties under the Housing Ordinance.

It is a free service to the public and is available on the Internet.

Legal systems in Hong Kong: overview

Juvenile Court The Juvenile Court hears all cases, other than homicide, concerning charges against children aged under 14 and young persons aged between 14 and The court may also refuse to admit a confession if doing so would deny the accused a fair trial. Who is in charge of the Department of Justice.

Unlike Court proceedings or arbitrations, mediators are not there to determine the disputes or issues between the parties but merely to facilitate settlement.

No legal representation is allowed. Mediators would not provide legal advice and would not take sides. The jury will then retire to reach their verdict.

Although the trial judge decides which evidence the jury may hear in court, it is for the jury to decide the weight or the importance of such evidence when considering their verdict. The magistrate will examine the evidence to determine whether the prosecution can provide enough evidence to establish a prima facie case to put the accused on trial before a jury.

Labour Tribunal The Labour Tribunal deals with claims arising from the alleged breach of terms of employment contracts such as arrears of wages, statutory holiday pay, maternity leave pay, etc.

Law of Hong Kong

Official Receiver's Office You may also refer to the topic of Bankruptcy and Winding-up for more details The principal functions of the Official Receiver's Office are to: Criminal Cases The most serious criminal cases, such as murder, robbery, rape and serious commercial fraud cases are tried before a judge in the Court of First Instance, sitting with a jury of seven people, or if the judge orders, a jury of nine people.

Although the trial judge decides which evidence the jury may hear in court, it is for the jury to decide the weight or the importance of such evidence when considering their verdict. When the final draft of a piece of legislation is submitted to the Executive Council for consideration and to the Legislative Council to go through the legislative process, the draftsman has to attend meetings of each Council together with representatives from the relevant Government bureau in order to answer questions relating to drafting the legislation and general legal issues.

The Law Drafting Division is responsible for drafting all legislation, including subsidiary legislation, in Chinese and Englishand assists in steering legislation through the Executive and Legislative Councils. There are a number of courts and tribunals which have the authority to deliver judgments on disputes relating to specific or defined areas such as the Coroner's Court, the Juvenile Court, the Lands Tribunal, the Labour Tribunal, the Small Claims Tribunal and the Obscene Articles Tribunal.

A principal function of this Office is to assist the Secretary in relation to matters arising from the Executive and Legislative Councils concerning the promotion of legislation or providing answers to legislative councilors' questions.

Sources of law in Hong Kong. Information based on the Departmental publication "Legal System in Hong Kong" printed in ; please refer to the websites concerned, as provided, for more detailed or latest information regarding the issues involved.

Hong Kong’s legal system 'misused' and 'drowning in irrelevance', says former top judge

Legal System The legal system of the Hong Kong Special Administrative Region (HKSAR) is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Basic Law sanctioned by the National People’s Congress of the PRC.

Hong Kong’s Basic Law, as agreed between China and Britain, means Hong Kong will retain its own currency (the Hong Kong dollar), legal system, and parliamentary system for fifty years. Hong Kong exercises a limited form of self-government. The Basic Law ensured Hong Kong will retain its capitalist economic system and own currency (the Hong Kong Dollar), legal system, legislative system, and people's rights and freedom for fifty years, as a special administrative region (SAR) of China.

Hong Kong maintains a common law legal system and relatively sophisticated courts. What this means is that Hong Kong more closely resembles both the British and American systems of jurisprudence. If jurisdiction can be obtained, litigation in Hong Kong may be.

Welcome to Hong Kong e-Legislation. Hong Kong e-Legislation (HKeL) is the official database of Hong Kong legislation.

It provides free online access to current and past versions of consolidated legislation dating back to 30 June and PDF copies marked “verified copy” have official legal status.

Hong kong legal system
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Hong Kong Legal System