3.0 Sources of Hong Kong Law

Question 1

What are the meanings of sources of law? (2 points with elaboartion)

Answer 1

1. Origin - Historical background of the Hong Kong legal system. (Hong Kong legal system originated from the common law system of England.)
2. Foundation - The influences of souces of law that promote or prompt legal change. (Those conventionally referred “formal” sources are particularly relevant where legislation is proposed to reform the law)

Question 2

What are the meanings of sources of law? (2 points with elaboartion)

Answer 2

3. Literal sources - The literal sources of law are the written (and nowadays electronic) records of the law.
4. Legal sources of law - The two primary sources of law are legislation and case law.

Question 3

How to distinguish those two primary sources of law?

Answer 3

By the way each type of law is made.

Question 4

Another name for legislation (2 points)

Answer 4

Statutory law
Enacted law

Question 5

Definition of legislation

Answer 5

Legislation is law that is made by a legislature, a legal institution with power to pass or enact laws.

Question 6

Q

Which Articles of BL that provides futher elaboration for legislation? (2 points)

Answer 6

Article 66 - LegCo is the legislation of the HKSAR
Article 73 - It lists the powers and functions to be exercised by LegCo, “To anact, amend or repeal”

Question 7

Another name for case law

Answer 7

Decisional law

Question 8

Definition of case law

Answer 8

Case law is the law that emerges as a by-product of the process of adjudication of disputes by the courts.

Question 9

Which Article of BL that provides futher elaboration for case law?

Answer 9

Article 80 - The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region.