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Can enter into some foreign affairs agreement under the name of Hong KongChina

The Influence of English Law Before the handover, highest court of England > Highest Court of Hong Kong

(but now, the case laws of Britain has evolved so Hong Kong and Britainscase laws likely to have diverged) Britains laws are no longer authoritative but on persuasive grou nd If Hong Kong laws does not agree with Britains law, HK laws comes first

Classification of Law

Common Law: unwritten law based on precedentsCommon Law and Statute Law

Statutes are made by LegCo, common law is based on past cases) It is still common law to interpret statutes

Common Law and Equity Equity: some cases may be really bad, but judges still have to follow it Origin: Lord Chancellors sends the clergy to deal with people who are

unhappy with the common law It makes sure everyone is treated fairly

***Courts have now been fused for equity and common law and are now dealt within the same court

Law of trust: trustee holds property for beneficiary, ex. For child underage,equity regulates that relationship like what the trustee can or cannot do

Common Law Legal Systems and Civil Law Legal Systems1. A set of laws2. A system of government3. Administrative agencies4. Basic values

Civil Law and Criminal Law Civil law aims to compensate (can use punitive and exemplary to punish as

well), balance of probability Criminal law aims to punish, beyond reasonable doubt

Public Law and Private Law Public law deals with laws between the state, criminal law is always public

law since the state brings prosecution (family law, taxes, human rights,border control, postal service)

Private law: deals with disputes between private individuals

Substantive Law and Procedural Law Procedural Law: governs processes in which disputes are settled such as the

time limit, dealing with evidence

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Substantive Law: deals with everything else that is not procedural

National Law and International Law National Law: everything within the country International Law: treaties, custom laws

Classification of Law by Subject Matter:Property Law, Contract Law, Tort Law, Criminal Law, Public International Law,

Private International Law, Constitutional Law, Administrative Law, Evidence, Equityand Trusts, Corporations Law, Family Law, Insurance Law, Maritime Law,Environmental Law, Huma n Rights Law, etc

Legal Reasoning and Argument Syllogistic Reasoning:

o A = B (major premise)o B = C (minor premise)o therefore, A = C (conclusion) Major Premise = Law

Minor Premise = Facts Judicial Reasoning: Inarticulate Major Premise Far more disputes are based on facts rather than the law It is important to show your side is more authoritative when you argue about

the interpretation of the law Extrinsic Material such as the dictionary or the tapes of debates in the Legco

may be used to help determine what the interpretation of the law should be