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Judicial Review In Hong Kong
Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List (Practice Direction 26.1). It comprises two different aspects: firstly, judicial review of domestic legislation as to their compatibility with the Basic Law ("constitutional review"); secondly, judicial review of administrative decisions under administrative law ("administrative review"). Constitutional review In Hong Kong, constitutional review came into existence at the dawn of the British era, when the Legislative Council was created under the Hong Kong Letters Patent in 1843. From that time onwards, the position has been one in which, as the judiciary stated in ''R v Ibrahim'' (1913) 8 HKLR 1 at 18, Legislative Council of Hong Kong, our legislature is supreme "subject to its constitution" and any enactment beyond the legislative power provided by the constitution would be pronounced bad. The legislative power provided by the Letters Patent was to make laws for "peace, order ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Ma
Geoffrey Ma Tao-li (; born 11 January 1956) is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal— the court of last resort (or supreme court) in Hong Kong. Between 2001 and 2010, he held various positions in the High Court of Hong Kong, including Chief Judge, Justice of Appeal, and Judge of the Court of First Instance. Before his judicial career, he was a barrister-at-law in private practice at Temple Chambers, and was qualified to practice in England and Wales, Hong Kong, Australia and Singapore. Early life and education Ma was born in Hong Kong in 1956, the son of an electrical engineer who was educated at the Engineering Faculty of The University of Hong Kong, but his family originally hails from Tianjin. His ancestors were adherents of the Muslim faith, and his great-grandfather had been the imam in the Muslim community in Shanghai before the war. Mr Ma's parents moved to Hong Kong in the late 1940s, but in the 1960s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leung Chun-ying
Leung Chun-ying (; born 12 August 1954), also known as CY Leung, is a Hong Kong politician and chartered surveyor, who has served as vice-chairman of the National Committee of the Chinese People's Political Consultative Conference since March 2017. He was previously the third Chief Executive of Hong Kong between 2012 and 2017. A surveyor by profession, Leung entered politics when he joined the Hong Kong Basic Law Consultative Committee (HKBLCC) in 1985 and became its secretary-general in 1988. In 1999, he was appointed the convenor of the Executive Council of Hong Kong, a position he held until 2011, when he resigned to run in the 2012 Chief Executive election. Initially regarded as the underdog, Leung ran a successful campaign against front-runner Henry Tang, receiving 689 votes from the Election Committee and with the support of the Liaison Office. At the beginning of his administration, Leung faced the anti-Moral and National Education protests and the Hong Kong Telev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Li
Andrew Li Kwok-nang (; born December 1948) is a retired Hong Kong judge, and a former Chief Justice of Hong Kong, who was the first to preside over the Hong Kong Court of Final Appeal, established on 1 July 1997. Li was succeeded by Geoffrey Ma on 1 September 2010. Li was born in Hong Kong and educated locally and in England. A graduate of the University of Cambridge, Li practised as a barrister in Hong Kong until his appointment as Chief Justice. During his 13 years as Chief Justice, Li handled a variety of important appellate cases and was known for his moderate jurisprudence and visionary leadership. He has remained active in public service since his retirement. Early life and education Born in Hong Kong, Andrew Li received his early education at St. Paul's Co-educational College, and then at Repton School in Derbyshire, England. He earned an MA and LLM from Fitzwilliam College, Cambridge. Legal career Li was called to the Middle Temple in 1970, and the Hong Kong B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Fung
Andrew Fung Wai-kwong (, born 27 June 1961) is the current information coordinator for the Office of the Chief Executive of Hong Kong. Biography Fung was born on 27 June 1961. He was educated at the University of Hong Kong and was president of the Hong Kong University Students' Union in 1984 and president of the Hong Kong Federation of Students in 1985. He was a member of the pro-democracy political group Meeting Point and treasurer of the group until it was merged into the Democratic Party where he was elected the founding treasurer of the party and had been on the party's Executive Committee. He is also on the Hong Kong Basic Law Consultative Committee, and was formerly a member of the Central Policy Unit and Urban Renewal Authority. Fung was first elected in South Horizons West constituency to the Southern District Council in the 2007 District Council election. He was re-elected in 2011 District Council election. Once a member of the pro-democratic Democratic Party, he qu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Bar Association
The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong. Victor Dawes SC is the current chairman of the Council of the HKBA. History According to its website, the Hong Kong Bar Association was founded in 1949. However, a newspaper advertisement from March 1948 records the foundation of the association on 12 March 1948 with Mr Eldon Potter KC being elected President, Mr H.D. Sheldon KC being elected chairman and Mr Percy Chen being elected Secretary Treasurer. The offices of the Association were located in the offices of Mr Chen in Prince's Building, Hong Kong. In September 2022, the HKBA opposed an attempt by Jimmy Lai to hire a lawyer from the UK, stating "the well established criteria for admitting overseas counsel on an ad hoc basis are not met." In October 2022, the High Court refuted the HKBA, and allowed Lai to hire a UK lawyer. In N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Litton
Henry Denis Litton CBE, GBM ( Chinese transliteration: 烈顯倫; born 7 August 1934) is a retired judge in Hong Kong. Early life and education Born into a Eurasian family in Hong Kong, Henry Litton excelled in school during his early years first at the Diocesan Boys' School in Hong Kong and then in England which he was educated at King's College, Taunton and Merton College, Oxford, where he graduated with honours in jurisprudence. His father, John Letablere Litton (1903–1941), served as a gunner in the Hong Kong Volunteer Defence Corps. He was killed in action on 18 December 1941 defending Hong Kong from Japanese attack, and was buried in Stanley Military Cemetery. His mother Enid Tak-ching Lo-Litton was a tennis player and won thirteen Hong Kong National Championships over a 24-year span. John's maternal uncle was the lawyer Sir Lo Man-kam,x part of a prominent Eurasian family. Litton is linked to the Anglo-Irish / Huguenot Littons' clan from Dublin, whom came via York ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice. This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies. The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals. Cases i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court (Hong Kong)
The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Walesformerly the Supreme Court of England and Wales, renamed by the and has never been vested with the power of final adjudication. Composition Eligibility and appointment A person who has practised for at least 10 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a High Court Judge or Recorder. A person who has practised for at least 5 years as a barrister, advocate, solicitor or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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