LE1 Flashcards

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1
Q

固定资产

A

fixed assets

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2
Q

使用前发生的其它相关费用

A

other related expenses incurred prior to the use of the assets

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3
Q

参照有关的市场价格估定的价格

A

a price appraised with reference to the relevant market price

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4
Q

被判处管制的犯罪分子,在执行期间,必须遵守下列规定:

A

A criminal element who is sentenced to control must abide by the following rules during the term in which his control is being carried out…

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5
Q

合营企业合同,是指合营各方为设立合营企业就互相权利、义务关系达成一致意见订立的文件。

A

Joint venture contract “refers to a document agreed upon and concluded by the parties to the joint venture on their rights and obligations.”

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6
Q

本合同一式四份(正副本各二份)自签署后生效,到双方履行完成合同中规定的义务时中止。

A

The Contrast is written in quadruplicate (two for original and copy respectively) which shall become valid on the date of signature; the Contract shall be terminated when the responsibilities stipulated in the Contract are fulfilled.

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7
Q

…应当从船舶拍卖所得价款中先行拨付

A

…shall be deducted and paid first from the proceeds of the auction sale of the ship

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8
Q
附加刑的种类如下:
(一)罚金
(二)剥夺政治权利
(三)没收财产
附加刑也可以独立适用
A

The types of supplementary punishements are:
1. fines;
2. deprivation of political rights; and
3. cofiscation of property
Supplementary punishment may also be applied independently.

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9
Q

对于犯罪情节轻微不需要判处处罚的,可以免于刑事处分,但可以根据条件的不同情况,予以训诫或者责令具结悔过、赔礼道歉、赔偿损失,或者由主管部门予以行政处分。

A

where the circumstances of a person’s crime are minor and do not require sentencing for punishmet, an exemption from criminal sanctions may be granted him, but he may, according to the different circuumstances of each case, be reprimanded or ordered to make a statement of repentance or formal apology, or make compensation for losses, or be subjected to adminisstrative sanctions by the competent department.

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10
Q

在中国境内设立合营企业,必须经中华人民共和国对外经济贸易部审批。

A

The establishment of a joint venture in China is subject to examination and approval by the Ministry of Foreign Economic Relations and Trade of People’s …

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11
Q

… Shall be admitted in evdience in any court of law and shall, …, be deemed to have been duly executed or signed.

A

…即须在任何法庭获接受为证据。 …,否则该文件须当作为妥为签立或签署的文件。

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12
Q

“It’s ordinance does not affect” —–
(A) any act done (including any act done in the exercise of a discretion); or
(B) any omission authorized or required, or occurring in the exercise of a discretion,
Before the first anniversary of the commencement date, under or by any Ordinance listed in the Schedule.

A

根据或凭借表列所列任何条例而—-
做出任何的行为(包括在行使酌情决定权时作出的行为);或
授权或规定的任何不行为,或在行使酌情决定权时发生的任何不行为,
若是在生效日期10年之前发生,不受本条例影响。

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13
Q

章某担任公安局派出所所长期间,

A

in the course of his office as the officer-in-charge of a police substation, Zhang XX…

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14
Q

我们被扣留了将近一个钟头才获释放,

A

we were detained for about an hour, then released.

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15
Q

Registry of the Supreme Court

A

高等法院申索登记处

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16
Q

In this Ordinance, unless the context otherwise requires, “state” means a territory or group of territories having its own law of nationality.

A

在本条例中,除文意另有所指外,“国家”指拥有本身国籍法的一领域或一组领域。

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17
Q

Unless in any enactment it is otherwise provided, the period of imprisonment, which may be imposed by a magistrate exercising summary jurisdiction, in respect of the non-payment of any sum of money adjudged to be paid by a conviction, whether it be a fine or in respect of the property the subject of the offence, or in respect of the injury done by the offender, or in respect of the default of a sufficient distress to satisfy any such sum, shall be such period as, in the opinion of the magistrate, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale …

A

除成文法另有规定外,对于因不缴付根据定罪裁定须缴付的款项(不论是罚款或就作为罪行主体的财物而需缴付的款项),或因犯罪者所造成的损害,或因无足够扣押物以抵偿此等款项,则行使简易程序审判权的裁判官,可判处其认为就案情而言是符合公正原则的监禁刑期,但无论如何不得超过下表所定的最长刑期…

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18
Q

A notice under subjection 1 shall, unless it otherwise provides, apply to the income from any property specified therein as it applies to the property itself.

A

根据第1款发出的通知书,除其中另有订定外,亦适用于通知书内指明的财产收入,一如适用于该项财产本身。

19
Q

If 2 or more persons are defendants to a claim, as partners or otherwise, a process may be served on any of them and an award may be obtained and excution issued against any person so served notwithstanding that any other persons jointly liable may not have been served or been a party or may not be within the jurisdiction of the Board.

A

如有2名获以上的人以合伙人或其他身份而属同一宗申索的被告人,法律程序文件可送达予其中任何一人,而判定该收件人败诉的裁定可由申索人获得,执行程序亦可向该受件人进行,即使任何其他共同有责的人可能未获得送达法律程序文件,或不属当事人,或不在仲裁处的司法管辖权范围内,均无例外。

20
Q

Any person who by threats, persuasion or otherwise induces a witness or a party not give evidence in any hearing before the Board commits an offence.

A

任何人藉恐吓、怂恿或以其他手段诱使证人或一方当事人不在仲裁处聆讯中作证,即属犯罪。

21
Q

Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property as a gift from the accused, such resources or property shall, until the contrary is proved, be persumed to have been in the control of the accused.

A

在因第(1)(b)款所订罪行而进行的法律程序中,法庭经顾及任何人与被控人关系的密切程度及其他情况后,如信纳有理由相信该人为被控人以信托形式持有或以其他方式代被控人持有金钱资源或财产,或因被控人的馈赠而获取该等金钱资源或财产,则在相反证明成立之前,该等金钱资源或财产须推定为由被控人控制。

22
Q

No claim shall be recoverable hereunder if the benefit of the contract herein contained shall become vested in any other person or persons at law or in equity otherwise than by will or operation of law, unless the written consent of the Insurer thereto shall have first been obtained.

A

如果本单所包含的合约利益不用遗嘱或不运用法律的方式归予正在打官司的其他任何人,就不可取得所索的赔偿,除非首先得到承保人对此的书面同意。

23
Q

No will or any part thereof shall be revoked otherwise than —
(A) by marriage as provided by section 13; or
(B) by another will executed in accordance with section 5; or
(C) by a written revocation executed in the manner in which the will was executed; or
(D) by the burning, tearing or otherwise destroying of it by the testator, or by some person in his presence and by his direction, with the intention of revoking it.

A
除藉以下方式外,任何遗嘱的全部或任何部分,均不得撤销——
(A) 根据第13条的规定藉缔结婚姻而撤销;或
(B) 藉按照第5条签立的另一份遗嘱而撤销;或
(C) 藉依照签立遗嘱方式签立的遗嘱撤销书而撤销;或
(D) 由立遗嘱人、或由其他人在立遗嘱人面前并依其指示,将遗嘱烧毁、撕毁或以其他方法毁灭,而其意愿是撤销该遗嘱
24
Q

No will or any part thereof, which is in any manner revoked, shall be revived otherwise than by the re-execution thereof or by a codicil executed in accordance with section 5 and showing an intention to revive it.

A

遗嘱的全部或任何部分,无论以任何方式撤销后,除非按照第5条重新签立或加入按照第5条签立的遗嘱更改附件,并表明意愿是恢复遗嘱的效力,否则该遗嘱的全部或任何部分均不能恢复效力。

25
Q
Any person guilty of an offence under this Part, other than an offence under section 3, shall be liable ---
(a) on conviction on indictment ---
....
(b) on summary conviction ---
....
A
除第3条所订罪行外,任何人犯了本部所订罪行,可遣处罚如下——
(a) 一经循公诉程序裁定——
……
(b) 一经循简易程序裁定——
……
26
Q

Subject to this section, an appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by rules made under subsection (5).

A

在符合本条的规定下,上诉须按根据(5)款订立的规则内订明的方式提出,并须受该规则所订明的条件规限。

27
Q

Subject to subsection (4), the information referred to in section 13(2) and in section 14(2) may be required from a legal adviser as from any other person, notwithstanding that the effect of compliance with such a requirement would be to disclose any privileged information or communication.

A

在第(4)款的规限下,可向法律顾问要求提供第13(2)及14(2)条所指数据,一如可向其他人要求,即使遵照该要求办理会造成披露有特权的数据或通讯的后果。

28
Q

Subject to subsection 3, the Board shall have jurisdiction to inquire into, hear and determine the claim specified in the Schedule.

A

除第3款另有规定外,仲裁处具备查询、聆讯及裁决附表内指明的申索的司法管辖权。

29
Q

Subject to the provisions of subsections 2 and 3, where a term of imprisonment is imposed by a magistrate in respect of the non-payment of any sum of money adjudged to be paid by a conviction or order, that term shall, on payment of a part of such sum to any person authorized by a magistrate to receive it, be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days in the term as the sum paid bears to the sum adjudged to be paid.

A

在不抵触第2及3款的条文下,凡有人因不缴付根据定罪或命而判决须缴付的款项,而被裁判官判处一段监禁期,则在该笔款项的一部分付予获裁判官授权的收款人后,其监禁期得以缩减,而缩减的日数占监禁期总日数比例尽量与已付款项在判决需缴付款项中所占比例相同。

30
Q

If, upon the hearing of a claim, the claimant does not appear, the Board may strike out the claim, without prejudice, however, to the restoration of such claim by the Board, on the application of the claimant, on such terms as it may think just.

A

如申索人不出席申索聆讯,仲裁处可剔除该宗申索,但此举对仲裁处在申索人提出申请后,按其认为公正的条款恢复该宗申索并无影响。

31
Q

Without prejudice to your powers and discretions, we hereby authorize you or your agents to take any actions including but not limited to the following:…

A

不使贵行权力和任意决定权受到损害,本公司兹授权贵行或贵行代理采取包括但不限于下列的任何行动:……

32
Q

Without prejudice to the4 rights of the Attorney General every complaint or informant shall be at liberty to conduct the complaint or information respectively and to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by him or by counsel on his behalf.

A

在不损害律政司权利的原则下,每名申诉人或告发人可进行其申诉或告发,并亲自或由代表律师询问及盘问证人。

33
Q

Where a restraining order has been revoked or varied under this section, notice of such revocation or the order as so varied, as the case may be, shall be served on the third party to whom it is directed and on the suspected person.

A

凡限制令已根据本条被撤销或更改,该令所针对的第三者以及受疑人须获送达撤销该令的通知书或经作该项更改的限制令(视属何情况而定)。

34
Q

Where an employee is granted any period of annual leave, the employer shall pay him annual leave pay in respect of that period not later than the day on which he is next paid his wages after that period.

A

凡雇员获给予任何一段期间的年假,雇主最迟须于该段期间后的第一个发薪日付给该雇员该段期间的年假薪酬。

35
Q

Where a defendant is fined and the same is not forthwith paid, the magistrate may order the defendant to be searched

A

凡被告人被判处罚款,但没有随即缴付罚款,裁判官可命令搜查被告人。

36
Q

where a claimant has a claim which exceeds the monetary amount mentioned in the schedule and which, but for the excess, would be within the jurisdiction of the board, the cliamant may abandon the excess, and thereupon the board shall have jurisdiction to inquire into, hear and determine the claim.

A

如只因申索人的申索金额超逾附表所述的款额,以致该项申索超逾仲裁处的司法管辖权范围,则伸缩人可放弃追讨该超额的款项,而在此情况下,仲裁处有查询,聆讯及裁决该宗申索的司法管辖权。

37
Q

Where a person stated in the preceding paragraph extorts money and goods from others or illegally accepts money and goods from others to commit the aforementioned crime, he is to be sentenced to more than five years but not more than 10 years of fixed-term imprisonment and a fine.

A

前款规定的人员,索取他人财物或者非法收受他人财物,犯前款罪的,处五年以上十年以下有期徒刑,并处罚金。

38
Q

Where the applicant for a patent for invention has not been granted a patent right within two years from the date of filing, it or he shall pay a fee for the maintenance of the application from the third year. The first maintenance fee shall be paid within the first month of the third year. The subsequent maintenance fees shall be paid in advance within the month before the expiration of the preceding year.

A

发明专利申请人自申请日期满两年尚未被授予专利权的,自第三年度起每年缴纳申请维持费。第一次申请维持费应当在第三年度的第一个月内缴纳,以后的申请维持费应当在前一年度期满前一个月缴纳。

39
Q

被保险人依照本章规定可以限制赔偿责任的,对该海事赔偿请求承担责任的保险人,有权依照本章规定享受相同的赔偿责任限制。

A

Where the assured may limit his liability in accordance with the provisions of this chapter, the insurer liable for the maritime claims shall be entitled to the limitation of liability under this chapter to the same extent as the assured.

40
Q
有下列情形之一的,行政保护在期限届满前终止:
(一)农业化学物质产品独占权在申请人所在国无效或失效的;
(二)农业化学物质产品独占权没有按照规定缴纳行政保护年费的;
(三)农业化学物质产品独占权人以书面形式声明放弃行政保护的;
(四)农业化学物质产品独占权人自农业化学物质产品行政保护证书颁发之日起一年内未向国务院农业行政主管部门申请办理登记手续的。
A

In any of the following cases, the administrative protection shall cease before the expiration of its duration:

(1) Where the exclusive right of an agricultural chemical product proves invalid or becoms invalid in the country where the applicant resides;
(2) Where the owner of the exclusive right of an agricultural chemical product does not pay an annual fee as prescribed;
(3) Where the owner of the exclusive right of an agricultural chemical product waives the administrative protection by a written declaration;
(4) Where the owner of the exclusive right of an agricultural chemical product does not apply to the competent administrative department of agriculture under the state council for going through the registrationprocedures within a year from the date on which the certificate of administrative protection of the agricultural chmical product is issued.

41
Q

Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence.

A

任何人与其他公共机构进行任何事务往来时,无合法权限或合理辩解而向受雇于该公共机构的公职人员提供任何利益的,即属犯罪。

42
Q

Any Person convicted of an offence under this ordinance shall, by reason of such conviction, be disqualified for a period of 10 years from the date of such conviction from …

A

任何人被裁定犯了本条例所订罪行,须因该项定罪而由定罪日期起计10年期限内丧失以下资格……

43
Q

Any person in respect of whom an order under subsection (1) has been made who contravenes the order commits an offence and is liable to a fine of $50,000 and to imprisonment for 12 months.

A

受法庭根据第(1)款所作命令限制的人如违反该命令,即属犯罪,可处罚款$50 000及监禁12个月。