情數備為
GERBER'
日七廿月九年申戉震。
WAH KIU YAT
育敎僑華
1969584FUN?
經濟及公共事務科
劉奇敏
Economic & Public Affairs
Lacture No.
By K.M. Lau.
The Law
operates in the same Hãy as when a parent listens to the
dispute between two children and decides
who is wrong and how the wrong 18
be redressed.
Examples of Wrong?
under Civil law:
Nuisance
Trespass
Negligence
期:
日七十月一十年八六九一整公年七十五嘎民泰中
(接第三張第二頁)
death (this is known as "capital
punishment" which
still exists, in
Hong Kong although it has been abolished in Englend exists like our school rules which state very clearly what is right and what is wrong and what the punishment is if what is right is not observed.
Examples of wrongs under Criminal Law: False pretences
Assault
Burglary Larceny
一九六九市中文学会試題預
地理科
(=))
·地人口
多圣之陽光及各地賽夜長
The meaning of law in che legal sense
Lawyers define law as "a collection of rajes
binding on specified persons, made id altered by
certain institutions, and anforced
of the state":
Why do we need a system of law" ·
y the machiners
(a) to protect our fundamental human rights; (b) to prevent one person from taking
advantage of another because the latter. does not know what his basic rights are.. When a man's rights are protected the community is safe and everyone can do his work in peace. What are our rights; and privileges?
(a) A fright" is something that a person ought to bave without being given, and is something no one can take axay fróp him.
A "privilege” is anything that is given to ons to enjoy and which can be taken away at any time.
What are our fundamental human rights?
(■) the right to enjoy happiness.
(b) the right to enjoy personal freedom leig
freedom of worship).'
(e) The right to earn a living.
(d) The right to receive education."
(e) The right to own property.
(f) The right to be equal before the lan
(g) The right to leave a country and ask for
political protection (known as asylum) from another country.
What are our privilege92
(a) The privilege to travel freely in the country (b) The privilege co possess a passport,
(c) The privilege to vote at electims.
(d) The privilege to enjoy the services of the
Government.
(e) The privilege to be protected from narm. ” Every privilege has a corresponding duty. Nane common ones?
(a) The duty to obey the laws of Hong Kong. (b) The duty to pay taxes when asked to do so. (c) The
duty to serve in the jury when requested, (d) The duty to be interested in public affairs
(e.g. voting at Urban Council elections)
(a) The duty to keep the city clean.
(f) The duty to defend the city in times of war.
(g) The duty to form good habits (e.g. refrain from jaspitting in public.
(h) The duty to lead a virtuous life (onge a
honest Ji
(1) The duty to stay healthy te.g. to be inoculated
against cholera)...
The duty to create a friendly neighbourhood
(k) The duty to
and order felp the police to maintadm. la
How da law classified?
(a) Statute Law (Written Làw)
It is one source, of law comprising those ordinances passed by the Legislative Coung12 or those Acts of Parliament which Were- introduced inte England before 5th April 1843 Common Law (Unwritten Law)
It is one source of law comprising those customs and habits and folkways of the people in the country as well as the decisions and opinions of the judges.
khat are "private rights" and "puolie Migitaa (a) hights that deal with human conduct between
private individuals are known as private rights
(b) Hights that deal with offences that are
against the rights of the people as a whole, and offences which are considered as a harm on- a threat to the safety and well-being of a citizen or to the danger of the state are known As public rights.
English Law is divided into two main parts. What
they? How do they differ from each other? (a) Civil Law. It is that branch of the law that
deals with private rightspe
No.
(b) Grannál Law: It is that branch of the law that
deals with public rights.
CIVIL LAW
concerns one action
CRIMINAL LAW
concerns en action"
brought by one citizen | brought by the state
against another, “
defines the one who
brings an action as the plaintiff and the other person who i answerable to the action defendant
regards a wrong as an
in jury inflicted on an individual citizen. E,G. Breach of contract
prescribes punishment in the following ways: (a) to pay "damages" (b) to do something;
not to do Some thing.e
against a citizen,
defines the represent- ative of the Stane (a member of the Legal Dept. or the Police) as the prosecutor, and the wrong-doer as the accused (who becomes the prisoner when proved guilty)
regards & wrong as an injury to everyone. E.G. Murder,
prescribes punishgent in the following ways (a) to pay a fine. (b) to be sent to
prison.
(c) to pay a fine and
also be sent to prison.
(d) to be sentenced to
Breach or Contract
Bribery
Murder Ra pa
Treason
Robber
Malicious Argon).
wounding
10. Principles of British Justice
British Justice is only a term representing "justness", which implies that a person should be left free to do what he likes within the laws of the country, be treated fairly and equally, and that he should not be ruled arbitrarily.
(a) Everyone is assumed to be innocent unless
proved quilty!
Example: When a person is charged with a crime he is treated merely as an accused, and not as a prisoner until it has been proved Before the court that he is guilty beyond any reasonable doubt. In addition, no man needs to defend his innocence only after the
complainant or the State has proved his guilt. (a) There is no examining magistrate or judes.
Example: A person charged with a crine must be produced before the court first and let the trial judge or magistrate decide whether he has a case to answer or not. Uneae, not even a judge, can force an accused to confes under any method of torture,
The Judiciary Council is only slightly connected with the Government
Example: There is only place in Hong Kong where the Governor (who is head of
the
Government) does not rule or exercise his power, and that
is the law courts, which are under the direction of the Chief Justice. The law courts must remain independent of Government's administration, in order that justice not only must be fair but must be seen to be fair, Any person who is guilty of false arrest or imprisonment without reasonable excuse can be sued
Example: Lr a person 1s de tained in police custody for an unreasonable period of time. without a reasonable excuse he can sue the police for false imprisonment.
(*) There exists the Habeas Corpus Writ
A writ is a written order of the court. The tern "Habeas Corpus" is latin, meaning literally have the body". The purpose or this writ is to enable a judge to order A person to produce B person who is in the former's custody, so that the judge can himself decide whether the detantion is justified or not.) Example: If a man is brought to the police station and detained there, some one can apply to the supreme Court for the Babois Corpus writ to be served on the poles, and thereby orders the police to produce the men before the court speedily and it is now up to: the judge to decide whether the man's feterntion is justified or not. British Justice lays emphasis on a manis personal freedom and independence Example: A man is free to worship or speak write what he likes as long as he does not abuse this freedom so as to cause harm or injury to others.
(g) When a person is charged with a crime he
still entitled to his rights as a human bein and not as a prisoner
Example: (a) He has the right to be tried by a jury, unless the offence he has committed 1s too minor to justify such a trial.
(b) he loses his case he has the right co appeal against the decision of the court.
(c) If he 19 too poor to engage the services of a lawver the court should provid: him one
(d) He should not be detained undulj long, he should be brought before a magistrate without unreasonable delav (such as after 24 hours of his arrest).
(e) He should be fairly treated during nis trial, He should be released from police custody if (a) the crime is not a serious one, and (b) he deposits a sum of money with the court as security that he will appear for his trial.
11. The Hule of law
This is a famous doctrine of the English Law which, in actual fact, governs the people of Hong Kong. By this doctrine is meant
the
(a) Everyone including the Governor`must
law
(b) All disputes must be settled by law.
(0) No 'one including the Government can interfere with the work or decisions of the judges, (d) The fundamental human rights of a person must
be protected and respected,,
(e) The law courts must treat everyone alike and
equilly, whether the accused is an ordinarY citizen or a civil servant.
a law 13 passed
before anything becomes a law it is known as
• bill which contains the proposed items thaw
(三)同歸線;逃的儣斜形成陽光在南,北竿球有直射極限議的產生,此錢便疮凹儺績,四
路機有南、北囘體之分。
(四)榴阻議:每年6月21日(双日)陽光斜射南半球23 S之其,12月21日(
▶陽光科射北半球23-N之極限,此两藏的出現,你因地軸釀斜而生。
《立》夜华太過:地軸與黃道面所成的無裂,形成開光南北參動,當長年至翌日北區國內地區 我國小麻香燒大,故於午夜亦有太陽出現之。《南厪露內地签有夜半太攝則在多案 甘起源)
預習題目
(一)咸池球的自轉運動及其登生的現象】
如何控球形自西向東自體。
(三)用细及文字解釋下列各名詞:
公轉、近日點和遠日點,四零日(日偏做)日譔鉉、日全蝕)、月蝕(月偡蝕、月至 1).
(四)分進下列各名同有同不同
(1) 太晦日和 星
(2) 朔望月和恆星月
附:更正)上期本科刊登複習綱領內項目中之「西北亞」更正
爲「西南亞」
Bre to become law,
A bill has to go through three distinct stages
known as the Three readings of the bill;
these readings are nothing more than the
acetings of the Legislative Councii.
c) The First Heading t
(1) The bill 19 introduced by a member of the Council at one of the regular meetings of the Legislative Council and it is read for the first time before the Council (it) The Governor may say some thing about the proposals contained in the Bill if he so wishes depending on how important the Bill is to the community 111) Each Legislative Councillor will be given
a copy of the bill so that he or she can study the proposals at length after the First Reading. The Governor will then appoint a date for the second reading of】 the bill..
(19) The Bill1 is then published in the
Government Gazette to allow the ordinary man in the street to know about it so that he can give his criticisms which are often noted carefully by the Legislative Councillors who essentially represent the public (0) The Second heading
(1) The bill at this stage is debated by
mambers of the Legislative Council. The main purpose is to determine whether the bill will benefit the community or not. the same time if there are changes to be made they must be made.
(11) A vote is inen taken, Those in favour of
the bill are asked to say "aye, and those against it will say "no". If the "ayes" are louder than the "noes" the bill is accepted; if the "noes" are louder than the "ayes! the hill is rejected. This form of voting. is known as voting by voices" which may be replaced by individual voting where sach member says "yes" or "no" and the Clerk of the Council writes it down. This alternative form of voting is used if requested by any member
(111) Unless the bill is rejected, it is now sald
to be "committed" That is to say it is now discussed in detail by the entire council or by one of the three Standing Committees or a jelect Committee of the Council
3) At this stage any member can introduce à proposel to change any part of the bill. A copy of the proposal is distributed to the members who can decate on it.
The Third heading
(1) A member will move that the bill os. read
for the last time, -
(11) if at this stage there 18 scull a proposał
to change any part of the bill, the bill is re-committed, that is to say it goes. back to the committee for further re-
drafting for fur
If there is no proposal to change any part of the bill, it is then sccepted as a baw law of the Colony.
iv) The bill is then given to the Governor for
his final approval known as the "assent" The Governor's assent is then followed by the Queen's assent,
(v) The new law is then pupilanes in the
Government Gazette and everyone has tai opportunity of knowing its existence,
Exercise No.2)
Explain how the law courts function in Hong Kong.)
Give a iled descriptio of ho