KWONG Paul: for the first four classes - law

- Paul

- Mr. Kwong,

- Sir.

Barrister at law, arbitrator, mediator.

Visiting lecture/teaching fellow in the Campus of Polyu.

Classroom regulation:

- Mobile phone: vibration, or silent mode

- Speak: one person at a time.

- Discussion among yourself: tutorial

- Phone chatting, toileting: may leave the lecture room

o No need to ask for permission

o Condition: do not disturb the class

- Question – raise your hand before you speak

Assessment:

- Project

- Test

- Close-book exam

Approach of the class

- Language: both Cantonese and English

- Highly interactive

- During discussion: be active

- Do share your working experience in the class

Each class:

- a 15 minutes break for every 45 minutes lecture

 - last half hour – question time

Sources of law in Hong Kong

1. Basic law

2. Statutory law, Ordinance

a. Legislative Council

3. Common law: case law

Government:

Board sense: Executive, Legislature, Judiciary

Narrow sense: Executive

Civil and Criminal

Criminal:

1. Punish

2. Deter

3. Rehabitate

4. Penalty

Civil

1. Private dispute

2. Compensation in money => not aim at punish

Liquidate damages clause and penalty clause

FIRAS

F: Facts
I: issues – the reason of the litigation

R: the relevant law

A: Application of the law to the facts

S: Judgment

Judgement of courts in England

1. Before 1/7/1997

a. Privy Council: binding on the courts of Hong Kong.

2. After 1/7/1997

a. Persuasive

b. Highly persuasive

Basic law:

Law of other common law countries:

Intention of the legislature:

- Discussion between the government and all counsellors of the Legco

- Reduced into a report, i.e., Hansard

Mischief rule: the rule applied for finding the meaning of a word in an ordinance by finding out the
intention of the legislature.

Interpretation of words in a piece of legislation:

- S 2 of the ordinance

- Long title of the ordinance

- Common law rules

- Hansard

- As a layman: Cap 1; DoJ glossaries

Codification of law: to reduce the rules laid down by the court into writing and in the form of a piece of
legislation.

Consolidation of legislations: put a number of ordinances serving similar purposes or falling within the
same area of law into one single piece of legislation or ordinance.

Students are not allowed to bring a law dictionary or the like into the examination hall.

Case:

The plaintiff: the Crown – the proseution

The defendant: …