Lecture 09_09_2024 PDF

Courts (Highest to lowest): -​ CFA (Court of Final Appeal) -​ Greater controlling power in their decisions -​ Court of Appeals -​ Court of first instance -​ Other supplement courts (magistrates, districts etc.) Precedent flows from higher courts to lower courts Court in Comm...

Courts (Highest to lowest): -​ CFA (Court of Final Appeal) -​ Greater controlling power in their decisions -​ Court of Appeals -​ Court of first instance -​ Other supplement courts (magistrates, districts etc.) Precedent flows from higher courts to lower courts Court in Common Law (the Law in HK): -​ Adversarialism -​ How both sides argue their cases -​ This is the case in common law -​ Judges are more passive -​ Make sure the procedure of the court is followed -​ The right law is applied -​ Judges are elected or appointed from experienced lawyers -​ Roles of law and legislation -​ In addition to law that is written down when law is applied it must follow interpretations of precedent -​ More nuanced Court in Civil Law: -​ Judges are more active, they ask questions and try to get to the truth -​ They go through actual training to be a judge -​ Typically those with exceptional academic performance will have the option to get training to be judges/prosecutors (there are of course exceptions) -​ Roles of law and legislation -​ The judges reads the laws and gets the facts and applies the law -​ Little nuance 3 branches: -​ Executive -​ Legislative -​ Judiciary Roles of the Judiciary: -​ Determine whether the executive/legislative branches are acting within the law -​ Interpret laws -​ Sometimes people think the law is not interpreted correctly -​ Go through litigation so they can appeal -​ Legislation creates a new rule Ratio decidendi: -​ The reasons(s) a judge reached a decision in the end Private and Public Law:  -​ Public laws are laws intended for general application, such as those that apply to the nation as a whole or a class of individuals -​ Examples are things like fines, parking tickets, criminal law -​ Trade agreements between countries are examples of public international law -​ Private law -​ Examples are contract law, intellectual property law, most business laws, tort law (most cases) -​ Agreements between big firms in two different countries are examples of private international law Civil liability and Criminal liability: -​ Civil Liability -​ Burden of proof is lower: More likely that not -​ The plaintiff needs to prove against the defendant -​ Consequences are not as high -​ Damages(compensation), injunction, generally money -​ Criminal Liability -​ Burden of proof is higher: Beyond a reasonable doubt -​ The government/prosecutor needs to prove against the defendant -​ Consequences are typically higher -​ In jail, death penalty, fines etc. -​ You can have both at the same time -​ Example: O.J. Simpson -​ Football player, allegedly killed his estranged wife and their boyfriend -​ Had a trial and was not guilty (criminal liability) -​ Was later sued by other family for tort (civil liability) -​ He was declared guilty so he had to pay monetary compensation Police and Prosecution: -​ Not everyone who gets arrested goes to court -​ Sometimes they are released -​ Maybe because there’s not enough evidence -​ Prosecutor may not choose to bring a case if they’re not sure they would win -​ Double jeopardy, cannot bring the same case against the same person twice, so might wait for more evidence -​ Not all laws are enforced, limited number of prosecutors so it may not be a priority Split Profession Model: -​ There are solicitors and barristers (“counsel”) -​ Solicitor -​ In office, limited rights of audience in court (especially in higher court) -​ Work on other things beyond litigation -​ Drafting contracts, wills etc. -​ May instruct/refer barristers 💅 -​ Barristers -​ In court, unlimited rights of audience (wig and gown era ) -​ Litigation specialists  -​ Sole proprietor, usually associated with a chamber -​ Chamber is a collection of barristers who pool together (e.g. to reduce/share costs) Hong Kong Regulatory Bodies: -​ Companies Registry -​ Financial Reporting Council -​ Hong Kong Monetary Authority -​ Basically the central bank of Hong Kong -​ Control money supply / interest rates -​ Delegated the responsibility of printing money to private banks -​ Manage HK exchange rate to US Dollar (very very important for the status of Hong Kong) -​ Hong Kong Stock Exchange -​ Not like the others, is not a government entity -​ It is a for profit entity -​ When companies list onto the stock exchange there’s listing fees -​ Transaction fees -​ The Hong Kong stock exchange is a listed company on the Hong Kong stock exchange -​ Insurance Authority -​ Securities and Futures Commision Corruption & AML/CTF: -​ AML (Anti-Money Laundering) -​ CTF (Counter-Terrorist Financing) -​ ICAC (Independent Commission Against Corruption) -​ Bribe: -​ Money outside the administrative/legal process that you pay -​ Money Laundering: -​ Turning dirty money into clean (legal) money -​ Buying things like assets, casinos, betting Not everything that is legal is right/just/should be done. Social Norms and Contracts: -​ People behave in ways without needing laws -​ No law is perfect (Cobra Effect)