Friday, April 12, 2013

Characteristics of Common Law

1.Rule of LawThe rule of law, upheld by an independent judiciary, is one of Hong Kong?s great strengths. This refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong.

The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the Government and all of its servants shall be derived from law as expressed in legislation and the licit decisions made by independent taps.

At the heart of Hong Kongs administration of government lies the principle that no one, including the Chief Executive, roll in the hay do an act which would otherwise constitute a legal misuse or affect a persons liberty unless he can point to a legal justification for that action. If he cannot do so, the touch on person can resort to a court which may rule that the act is invalid and of no legal effect. Compensation may be ordered in the affected persons favour. This aspect of the rule of law is referred to as the principle of legality.

Everyone in Hong Kong is equal before the law. Everyone has access to the justice system.

2. The up decently of clam up and presumption of artlessness:At Common Law, such right is limited.

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Some statutory offenses now require the defendant to consummate certain acts or else he can be name guilty for not doing so. That means that an accused person has the right to be presumed innocent until proven guilty according to law. Although innocence is presumed at Common Law, the onus of proof is on the defendant in certain offenses as enacted by statutes.

3. Already unsounded of Statutes:In the view of the existing case law and custom, the Statutes may leave a number of things unsaid. They may seems as already...

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