THE HANG SENG UNIVERSITY OF HONG KONG

Bachelor Degree Programme

2020-2021 Semester 1 Individual Assignment

Module Code : ACY2021

Module Title : Hong Kong Business Law
Date & Time : 29-30 October 2020

Answer Book

Student
Programme
Name
Student
Group
ID No.

Question Marks
1
2
Total
Long Questions (Answer ALL Questions in NOT more than 1,600 words, Total 50
marks)

Question 1 (20 marks)

Please answer the relevant questions in the space provided.

(a)(i) If the man in black jacket is formally charged for robbery, explain whether the
case involves civil or criminal law. Discuss the characteristics of this kind of
law. (7 marks)

(ii) If Sally wants to claim damages against the robber for her medical expenses
amount to HK$100,000, explain whether the case involves civil or criminal
law. Which court or tribunal will hear Sally’s case? Explain this court or
tribunal’s specific jurisdiction relevant to the case. (5 marks)

2
(b) Under the common law system in Hong Kong, when a magistrate sitting in the
Magistrates’ Court decides a case, he finds that there is a similar case previously
decided by the Court of Appeal, is he bound to follow that case to arrive at the
decision? Explain. (4 marks)

(c) Explain the “Mischief Rule” for interpretation of legislation under the common
law
practice. Please cite a relevant case of the mischief rule. (4 marks)

3
[End of Question, Total for Question 1: 20 marks]

4
Question 2 (30 marks)
Please answer the relevant questions in the space provided.

(a)(i) Advise Mary whether she is legally bound to buy the dress in the boutique.
You
are required to cite a relevant case in your explanation. (12 marks)

5
(ii) Advise Peter whether he is legally bound to pay the reward to Mary. You are
required to cite a relevant case in your explanation. (10 marks)

6
(b) Advise Brian whether Ada is legally bound to pay him the extra amount of $500.
You are required to cite relevant case(s) in your explanation. (8 marks)

7
[End of Question, Total for Question 2: 30 marks]

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