It Is My Essay

Lecture 1 : Introduction

IV. What is Law?

Nature and functions of law

a) Law may be defined as rules of human conduct, imposed upon and enforced among the members of a given state. (Different states may have different laws!)

b) Law as a regulator (e.g. banking regulation s), norm-setting (e.g. criminal law), provider (e.g. welfare legislation) and facilitator (e.g. law of contract or property)

ALL students must study law. Why?

a) Law affects many aspects of business and our life.

b) Numerous laws govern business and our daily activities. (e.g. contract law, company law, banking law, revenue law, employment law, intellectual property law etc.)

V. Sources of H.K. Law

1) Basic Law is the supreme最高無上的 law of Hong Kong enacted by the National People’s Congress of the PRC.

2) National laws (6 nos.) applying in Hong Kong (Annex III of Basic Law)

3) Legislation

a. To create, alter, revoke, consolidate or implement law

b. Ordinances條例 are passed by the Legislative Council within the scope of the Basic Law (otherwise it is ultra vires - beyond the authority)

c. Subsidiary legislation are made by authorised bodies (with power delegated by the Legislative Council) to create detailed orders, rules and regulations for the implementation of the laws (e.g. MTRC/ KCRC have power to make their own bye-law)

4) Common law system - common law and equity

a. Common law was originally developed in Britain and then applied uniformly and evolved in HK and enriched in other common law jurisdictions e.g. Australia, New Zealand, USA, Canada and India ….

b. The system was common to all people (so it was known as common law).

c. As the King was regarded as the “fountain of justice”, common law was very rigid.

d. Equity (just and fair) was originally a system of rules designed to alleviate on moral grounds particularly when people could not obtain justice in common law due to its rigidity.

5) Judicial precedent...