Chapter 03 (Sources Of Hong Kong Law)

Question 1

Meaning of “Sources of Law”
4 SOURCES+MEANING

Answer 1

1. Origin: Historical Background
   - HK Legal System originated from Common Law System of England
2. Foundation
   - The influence that prompted legal change
   - Formal source = interpreting legislation
3. Literary Sources of Law
   - Written/ Electronic records of law
   - Skills of legal research (e.g. law reports etc)
4. Legal Sources (Athoritative sources of law)
   Legislation/ Statutory Law/ Enacted Law:
   - Made by the lagislature (e.g. Lagislative Council)
   - To enact/ amend/ repeal laws

Case Law/ Decisional Law:
- A by-product of adjudication of disputes by courts
- Law established by the outcomes of previous cases
- Serves as a guide for future cases/rulings

Question 2

4 examples for National Laws

Answer 2

1. Laws on a National Flag and National Emblem
   (E.g. National Flag and National Emblem Ordinance in NS3)
2. Nationality Law
   (If dual nationality = not recognized as a Chinese nationality)
3. National Anthem
   (E.g. National Anthem Ordinance)
4. Law of the People’s Republic of China on safeguarding National Security in HKSAR
   (E.g. NSL)

Question 3

What is the Hong Kong Basic Law?
-5 EXPLAINATION-

Answer 3

• Hong Kong’s written constitutional document (Joint Declaration)
• Came in 1 July 1997
• A detailed promise/ commitment of how HK shall continue
• A national agreement between the Britain and China
• Subject to interpretation by China (National People’s Congress Standing Committee)

Question 4

What is the National Security Law?

Answer 4

• Not an Ordinance
• Came in 1 July 2020
• Seems to enjoy the same level of supremacy as the BL

Question 5

Will the National Security Law impact on the Basic Law

Answer 5

Unlikely, as the power of interpretation of the NSL is also vested in the NPCSC

Question 6

What does article 31 do?

Answer 6

Allow for the existence of “one country two systems” in certain parts of China
Created Special Administrative Region such as Hong Kong

Question 7

What does 1982 Constitution provide?

Answer 7

Ultimate authority for the enactment of law by PRC

Question 8

What does article 62(13) do?

Answer 8

Gives the NPC the power to enact laws in HKSAR

Question 9

What is article 8

Answer 9

Laws previously in force (30 June 1997) shall be maintained
But can be amendable by the legislature of HKSAR/SCNPC

Question 10

What is article 73?

Answer 10

LegCo of Hong Kong has the power to enact,amend and repeal laws

Question 11

What is BORO?

Answer 11

BILL OF RIGHTS ORDINANCE
- Protects the fundamental rights and freedoms of laws enacted by LagCo
- Came in 8 June 1991
-

Question 12

The different meaning of Common Law
- 4MEANINGS-

Answer 12

1. Applying to the whole of England
2. Law based on cases rather than codes
3. Case law as opposed to legislation
4. Principles of law developed through the common law courts vs by the courts of equity

Question 13

What is equity?

Answer 13

-came from England (Chancery)
- Supplements common law by focusing on fairness and justice
- Operates on principles rather thank strict rules
- provies remedies like injunctions which are not under common law

Question 14

What is Customary Law?

Answer 14

A Chinese Customary Law is relevent to the disputes to land in the New Territories

Question 15

What is International Law?