The law of attraction: How similarity between judges and lawyers helps win cases in the Hong Kong Court of Final Appeal

2021 ◽  
Vol 65 ◽  
pp. 105944
Author(s):  
Mark D. Verhagen ◽  
Julius Yam
Keyword(s):  
The Law ◽  
Author(s):  
Lusina HO

This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.


2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.


10.5772/50228 ◽  
2012 ◽  
Vol 9 (2) ◽  
pp. 35 ◽  
Author(s):  
Eunil Park ◽  
Dallae Jin ◽  
Angel P. del Pobil

2021 ◽  
Vol 13 (04) ◽  
pp. 107-121
Author(s):  
Victor TEO

The National Security Law has unequivocally clarified that Hong Kong’s “autonomy” is a bestowed privilege rather than an absolute political right. While effective in stabilising Hong Kong politics, the Law has also effectively rolled back democratisation and raised a number of serious questions about Hong Kong’s future. Going forward, the Hong Kong Special Administrative Region faces a difficult task of maintaining its unique identity, lifestyle and exceptionalism as a truly global city while attempting to align with China’s plans and interests.


2020 ◽  
Vol 12 (01) ◽  
pp. 110-124
Author(s):  
Tai Wei LIM

Hong Kong Chief Executive Carrie Lam presented her housing policies at the 2019 annual address in broad strokes, including using ordinances to resume undeveloped land in accordance with the law. The Hong Kong government could use its regulatory power as disincentives for private development of land given the highly bureaucratic, time-consuming and expensive land development approval process. The Hong Kong government would also work jointly with private sector landlords to potentially develop public housing and profit-driven projects, which would then be negotiated based on the Hong Kong government’s terms and conditions.


2009 ◽  
Vol 56 (3) ◽  
pp. 328-344
Author(s):  
Paul R. Katz

The author explores the reasons why scholars have overlooked the importance of judicial rituals in Chinese legal culture and considers this neglect in the light of scholarship on secularization. He explores the issue by analysing the interaction between Chinese and western judicial practices in the colonial histories of the Straits Settlements (now Malaysia and Singapore) and Hong Kong. The concept of secularization appears to be of relevance to the study of Chinese legal culture, given that secularized societies tend to become differentiated into autonomous sub-systems, religion being restricted in influence to its own sub-system. In fact, however, religion has continuously interacted with a range of other sub-systems in China, including legal ones, which indicates that, in modern Chinese legal culture, religion and the law have not evolved into separate sub-systems.


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