Law of Hong Kong
The published, consolidated copies of Ordinances are given chapter numbers in Laws of Hong Kong and in the official online database.
Hong Kong's legal system was developed under British governance, based on the English common law.
[3] In the 1984 Sino-British Joint Declaration, the UK and the PRC mutually agreed that Hong Kong would be returned to China after 1997.
[4] The law was passed in accordance with Article 31 of the Chinese Constitution, which authorized the establishment of Special Administrative Regions.
In a 2003 ruling on Shum Kit Ching v Caesar Beauty Centre Ltd., HCSA 38/2002, it was held that, in determining whether a contract is unconscionable for the purposes of section 5 of the UCO, the court must have regard to "all circumstances" relevant to that issue, as well as the factors listed in section 6(1).
The Hong Kong Consumer Council has commented that this ruling leads the court "to tend to focus on the totality of the circumstances and conduct that give rise to unfairness in the bargaining process rather than the meaning and effect of the term alone".
In this case, the beauty centre issued terms which stated the full cost of a treatment would be forfeited if an appointment was cancelled.
[7] Family law in Hong Kong is heavily modelled on its counterpart in England and Wales with important modifications.
Similarly, there are powers to make orders for maintenance pending suit once divorce proceedings have begun.
In making final financial orders in favour of a spouse, courts are guided by four principles: (i) the objective of fairness, (ii) rejection of discrimination, (iii) the yardstick of equal division, and (iv) rejection of minute retrospective investigation (see "LKW v DD" [2010] HKCFA 70; [2010] 6 HKC 528).
They are also required to consider the following non-exhaustive list of factors (see section 7(1) of the Matrimonial Proceedings and Property Ordinance (Cap 192).
In parental disputes, generally the courts are concerned with making orders for custody, care and control, and access.
LACO is responsible for drafting and settling government land disposal and lease modification documents.
LACO also provides conveyancing services to the Financial Secretary Incorporated for the extension of non-renewable leases, the Government Property Agency for the sale and purchase of government properties and the Secretary for Home Affairs Incorporated for the purchase of accommodation for welfare purposes in private developments.
It is fundamental to Hong Kong's legal system that members of the judiciary are independent of the executive and legislative branches of government.
It is headed by the Secretary for Justice, who is a member of the Executive Council and is the Government's chief legal adviser.
The commission has published reports covering subjects as diverse as commercial arbitration, data protection, divorce, sale of goods and supply of services, insolvency, fraud and statutory interpretation.
It is currently considering references on privacy, guardianship and custody, domicile, privity of contract, advance directives, hearsay in criminal proceedings and conditional fees.
Only on 1 July 1992, in contrast, did the PRC government open her legal services market to foreign law firms when the Ministry of Justice issued the Provisional Regulation of Establishment of Offices by Foreign Law Firms regulation.
For the means test, a person whose total financial resources do not exceed $155,800 may be granted legal aid.
The Director of Legal Aid may waive the upper financial limit in meritorious cases when a breach of the Hong Kong Bill of Rights or inconsistency with the International Covenant on Civil and Political Rights as applied to Hong Kong is an issue.
Applicants in cases involving a charge of murder, treason, or piracy with violence may apply to a judge for granting of legal aid, and exemption from the means test and from payment of contribution.
It covers cases involving personal injury or death, as well as medical, dental or legal professional negligence, where the claim for damages is likely to exceed $60,000.
Three programmes of legal assistance, jointly administered by the Law Society and the Bar Association of Hong Kong, are subvented by the Government.
The Duty Lawyer Scheme rosters barristers and solicitors in private practice to appear in the Magistrates and Juvenile Courts on a remunerated basis.
The Free Legal Advice Scheme, staffed by over 1,126 volunteer lawyers, operates 12 sessions per week at nine evening centres.
A free Tel-Law Service offers trilingual (Cantonese, Putonghua and English) taped information on 80 topics.
