Family Court (Hong Kong)
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Family Court (Hong Kong)
The Family Court of Hong Kong is a court (part of the District Court) which mainly deals with cases relating to divorces and welfare maintenance for children. Composition the Principal Family Court Judge is C. K. Chan, and there are 42 District Judges. Divorce law Hong Kong residents can start a petition for divorce only if having been married for at least one year and be able to prove reasons (or "grounds") for saying that the marriage has irretrievably broken down. They have to fill in a petition form and take it personally to the Family Court Registry. If the couple jointly apply to the court, they should together fill in a joint application form. If there are children of the family who are under the age of 18, Their custody and access must be included. Petitioners seeking legal advice can contact the Duty Lawyer Service's free Legal Advice Scheme for preliminary legal advice including matrimonial law in District Offices. Family mediation The Family Court holds family ...
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Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Ho ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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District Court (Hong Kong)
The District Court is the intermediate court system in Hong Kong, having limited criminal law, criminal and civil law (common law), civil jurisdictions. The District Court was established in 1953 with the enactment of the District Court Ordinance. It is located in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road. In the past there were six district courts, namely Former French Mission Building, Victoria, Old South Kowloon District Court, Kowloon, :File:FanlingMagistratesCourtBuilding2.jpg, Fanling, :File:Tsuen Wan Magistracy.JPG, Tsuen Wan, :File:HK Tuen Mun Law Courts Tuen Hing Road.JPG, Tuen Mun and :File:HK Shatin Magistrates Courts View1.jpg, Sha Tin, before being amalgamated and moved to the same location Jurisdiction Civil jurisdiction The District Court has limited civil jurisdiction. For a contract, quasi-contract or tort claim to be handled by the District Court, it should be for an amount over HK$75,000 but not more than HK$3 million. If the claim is more ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Duty Lawyer
A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and usually if it is judged by a means test that they cannot afford one. The system is operative in several Commonwealth countries, including the United Kingdom, Australia, New Zealand and Canada. These solicitors are generally in private practice, in contrast to the public defender system in the United States where an attorney employed directly by the state will be assigned to handle the case from pre-trial to potentially appeal. Similar schemes in the UK are the Public Defender Service in a few centres across England and Wales, and the Public Defence Solicitors' Office for Scotland. United Kingdom England and Wales In England and Wales, there are two duty solicitor schemes, which operate in parallel. The police station duty solicitor sche ...
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Family Mediation
Family mediation is a member of the ADR or alternative dispute resolution family. It forms one of the core pillars of mediation services provided globally. Historically, it remains unclear where family mediation first evolved geographically. However, family mediation has been present in various forms in various cultures world-wide for thousands of years. The family-mediation system focuses on providing a dispute-resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services. Modern-day family mediation is divided into two main fields - mediation and co-mediation. In the former of the two fields a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute. Mediations are completed by the use of either joint or single caucuses. In single caucuses the mediator/s caucus one party at a time. In joint caucuses the mediator/s work with all sides to the ...
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Judiciary Of Hong Kong
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters. It is fundamental to the Hong Kong legal system that members of the judiciary are independent of the executive and legislative branches. The courts of law in Hong Kong comprise the Court of Final Appeal, the High Court (which includes the Court of Appeal and the Court of First Instance), the District Court, the Magistrates' Courts, and other special courts and tribunals set up by law. The Chief Justice of the Court of Final Appeal is head of the judiciary and assisted in his administrative duties by the Judiciary Administrator. A bilingual court system in which ...
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Legal System Of Hong Kong
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong. Since the handover in 1997, the constitutional framework is provided by the Hong Kong Basic Law, which is a piece of National Law of the People's Republic of China and has, practically, constitutional status in Hong Kong. The principle of ‘ one country, two systems’ was enshrined in Article 5 of the Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’. The Basic Law provides that the common law system shall be maintained. Some commentators described the theoretically hybrid system of civil law and common law as unique, although there ar ...
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Government Of Hong Kong
The Government of the Hong Kong Special Administrative Region, commonly known as the Hong Kong Government or HKSAR Government, refers to the executive authorities of Hong Kong SAR. It was formed on 1 July 1997 in accordance with the Sino-British Joint Declaration of 1983, an international treaty lodged at the United Nations. This government replaced the former British Hong Kong Government (1842–1997). The Chief Executive and the principal officials, nominated by the chief executive, are appointed by the State Council of the People's Republic of China. The Government Secretariat is headed by the Chief Secretary of Hong Kong, who is the most senior principal official of the Government. The Chief Secretary and the other secretaries jointly oversee the administration of Hong Kong, give advice to the Chief Executive as members of the Executive Council, and are accountable for their actions and policies to the Chief Executive and the Legislative Council. Under the " one co ...
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Politics Of Hong Kong
The politics of Hong Kong takes place in a framework of a political system dominated by its constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrative Region and of a politically constrained multi-party presidential system. The Government of the Hong Kong Special Administrative Region of the People's Republic of China is led by the Chief Executive, the head of government. On 1 July 1997, sovereignty of Hong Kong was transferred to China (PRC), ending over one and a half centuries of British rule. Hong Kong became a Special Administrative Region (SAR) of the PRC with a high degree of autonomy in all matters except foreign affairs and defence, which are responsibilities of the PRC government. According to the Sino-British Joint Declaration (1984) and the Basic Law, Hong Kong will retain its political, economic and judicial systems and unique way of life and continue to participate in i ...
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