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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sino-British Joint Declaration
The Sino-British Joint Declaration is a treaty between the governments of the United Kingdom and China signed in 1984 setting the conditions in which Hong Kong was transferred to Chinese control and for the governance of the territory after 1 July 1997. Hong Kong had been a colony of the British Empire since 1842 after the First Opium War and its territory was expanded on two occasions; first in 1860 with the addition of Kowloon Peninsula and Stonecutters Island, and again in 1898 when Britain obtained a 99-year lease for the New Territories. The date of the handover in 1997 marked the end of this lease. The Chinese government declared in the treaty its basic policies for governing Hong Kong after the transfer. A special administrative region would be established in the territory that would be self-governing with a high degree of autonomy, except in foreign affairs and defence. Hong Kong would maintain its existing governing and economic systems separate from that of main ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conveyancing
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registration
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction. In common law countries, particularly in jurisdictions in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. ''Land Law in Ireland''. ; Ch. 24 Cadastral systems and land registration are both types of land recording and complement each other.Jo Henssen, BASIC PRINCIPLES OF THE MAIN CADASTRAL SYSTEMS IN THE WORLD, Implementations Americas Canada Falkland Islands The Falkland Islands registry holds copies of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Registry (Hong Kong)
In Hong Kong, the Land Registry is a government department under the Development Bureau responsible for the administration of land registration. It also provides facilities for search of the Land Register and related records by the public and other government departments. History In April 2021, local media reported that the Land Registry potentially would have its data restricted to the public, similar to the Companies Registry. In response, a spokesman for the Liber Research Community said that such changes would hinder its ability to detect misuse of land, and that public data is essential and "will reveal a lot about the activities of the property developers in snapping up the land and hording these valuable resources. Only through this channel could we know about what's actually happening there; without this information such kinds of investigation or research would be impossible." In October 2021, the government announced that the system would require users to enter in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvent
In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet insolvency. Cash-flow insolvency is when a person or company has enough assets to pay what is owed, but does not have the appropriate form of payment. For example, a person may own a large house and a valuable car, but not have enough liquid assets to pay a debt when it falls due. Cash-flow insolvency can usually be resolved by negotiation. For example, the bill collector may wait until the car is sold and the debtor agrees to pay a penalty. Balance-sheet insolvency is when a person or company does not have enough assets to pay all of their debts. The person or company might enter bankruptcy, but not necessarily. Once a loss is accepted by all parties, negotiation is often able to resolve the situation without bankruptcy. A company that i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation (business)
Incorporation is the formation of a new corporation. The corporation may be a business, a nonprofit organization, sports club, or a local government of a new city or town. In the United States Specific incorporation requirements in the United States differ on a state by state basis. However, there are common pieces of information that states require to be included in the certificate of incorporation. *Business purpose *Corporation name *Registered agent *Inc. *Share par value *Number of authorized shares of stock *Directors *Preferred shares *Officers *Legal address A business purpose describes the incorporated tasks a company has to do or provide. The purpose can be general, indicating that the budding company has been formed to carry out "all lawful business" in the region. Alternatively, the purpose can be specific, furnishing a more detailed explanation of the products and/or services to be offered by their company. The chosen name should be followed with a corporate iden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Covenant Of Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complianc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The 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 Hong Kong Letters Patent, Letters Patent and the Hong Kong Royal Instructions, 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 C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standing Committee Of The National People's Congress
The Standing Committee of the National People's Congress of the People's Republic of China (NPCSC) is the permanent body of the National People's Congress (NPC) of the People's Republic of China (PRC), which is the highest organ of state power and the legislature of China. Although the parent NPC has superiority over the Standing Committee, and certain authorities are not delegated, the Standing Committee is generally viewed to have more power, albeit inferior to its parent, as the NPC convenes only once a year for two weeks, leaving its Standing Committee the only body that regularly drafts and approves decisions and laws. History In 1954, the 1st National People's Congress was held in Beijing, which became the statutory parliament of the People's Republic of China. The Standing Committee was established as its permanent body. The 1954 Constitution of the People's Republic of China stipulates that "the National People's Congress is the sole organ that exercises the legi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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