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日五初月十年审戉震夏
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COA文學會考試題預習
經濟及公共事務科
劉奇敏
Economie & Public Affairs
Lecture No.
- {By K.M. lau
(3)
Answers to the questions in Exercise 1
Question: (1) Explain how the law courts function
Hong Kong.
Answer :
Paide Law-gourth exist to administer justice, to
enable those who have been wronged to seex redress, and those who have committed wrongs to be punished, In order to function effectively and with gunumum dela: the law courts in a country have to be given different responsibilities and work depending on the nature of the cases brought before them. These cases may arise from Civil law or from Criminal Law, and again they may be serious or slight as for instance in civil ca ges the amount of money involved or claimed usually varies and in criminal cases the offences may be summary or indictable. There are also cases known as appellate cases which are appeals from lower courts brought to the higher courts.
In Hong Kong, our law courts are therefore classified in such fashion so as to fulfill the basic requirements of an efficient judicial system in which justice shoula not only be done, but still more Important it should appear plainly to be done. Patterned more or less along the lines of the British system of administering justice, our law courts have upheld the belief that the law should be the protector
of everyone against unscrupulous practices that are prevalent in a modern commercial society.
Petty offences such as spitting or minor disputes between neighbours or jay walking are quickly dispenser with by Justices of the Peace (both official and unofficial) who among themselves establish the Justices of the Yeace Court. Normally one of the Justaces of the Peace is a solicitor who can therefore advise on points of law whenever they arise while the court is in session. Such & court, however, is not a court of record and as to be expected has very lindted "jurisdiction in coth civil and criminal cases. “Justices of the Peace Courts exist to relieve some of
the work of une registrate 9 court.
gistrates are appointed by the Governor by warrant. They may be "special" or "permanent" depending on their judicial autnority to try case's ano their power to impose punishment. A speciel magistrale can fine the accused up to the maximum of 1,000- six months imprisonment for one offence, whereas permanent magistrate can fine the accused up to the maximum of $2,000—– or two years incrasonment for any ons offence, permanent magistrate nas more power to hear cases than a special magistrate, our even so na cannot try the more serious type of cases where the punishment is death or life imrisonment such as felony, treason, or libel. A magistrate, however, ma
impose a fine or an imprisonment in excess of his original power if a certain ordinance says that ne may do so
the Magistrasis
As the lowest court of record, gout is the first court to try most cases, Lo determin whether the accused has a case to Answer or not, and I ne nas and the magistrate, acting as a trial judge, decides that the offence carries a more serious punishment and is therefore outside mis jurisdiction, and he will then have the case transferred to thr vistrict Court, Very seldom is an accused tried by magistrate with a jury unless a certain ordinance says so with regard to certain offences.
The types of cases that come before a magistrate, are nose than concern summary offences (such as traffic offences aisputes between Landlords and
tenants in which case the court: 19 known as the Tenancy Trabunal, and offences created by che mercı-a Shipping ordinance, 1953 in which case the court is known as one varine Courty, if one accused is below l9 years old, she jaw allows num to be tried under
(special circumstances in which members of the public fare not allowed to attend and the trial is never
reported in the press. When such a cage, occurs, tho court is styled as a Juvenile Court. Any party that loses in a vagistrate's court or is dissatisfied with the magistrate's decision can appeal to the Supreme Court
- The next court is the District Court, which is [both a civil and criminal court, and is presided by a district court judge who is given similar powers and authority as those of a permanent magistrate in addition to those powers given him by the District Court Ordinance, The Governor has the right to appoint a district court judge whenever a vacancy arises, An a civil court it tries cases where claims are up to 10,000. One special feature of a District Court la that it is the only court in Hong Kong that can hear cases arising from the workmen's Compensation (Amendment) Ordinance, 1964, A5 a criminal court, it can try indictable offences, but they must first be heard at a Magistrate's Court, Any party who wishes to appeal against the decision of a district court judge may bring his or her case to the Full Court of the Supreme Court.
The Supreme Court normally tries a case in the
presence of a jury of seven members who are members who are carefully selected from the list of jurors who are. members of the public who fall within the qualifications specified by law. It is both a civil and criminal court. As a civil court it hears cases where claime are above $10,000-. As a criminal court, it tries indictable offences just like the District Court, except that it does not have to wait for th magistrate to hear the cases first; that is to say a
criminal case can come direct to the Supreme Court in the first instance, All civil cases concerning divorce, probate, admiralty, bankruptcy, appointment of trustees, guardians of orphaned children and company.
matters are heard in the Supreme Court. This court 11 presided by Supreme Court judges whose appointment is according to the
Instructions.
the
A Supreme Court judge has the jurisdiction to hear appeals from the Magistrates Court, When two or more Supreme Court judges sit to hear appeals they farm. the Full Court of the Supreme Court, which is the highest court of appeal in Hong Kong. The Full Court hears appeals from the District Court or any case referred to it by a Supreme Court judge. Further appeals from the Full Court may be directed to the Judicial Committee of the Privy Council in England which is the highest appellate court for all cases tried in Hong Kong.
Question; (2) Give a detailed description of he
passed. Answer:
law
It is essentially significant that befora anything becomes law it must be most carefully exx uned by the supreme law-making body in the country (Here in Hong Kong it is known as the Legislative Council) and subsequently debated upon by the members to ensure that when it becomes law it is enforceable in the interest of the people of the country as a whole, em than it does not contain any "loopholes" for anyone to take advantage.
The law-making process is therefore an elaborate one and at times, depending on how complicated the proposed law is, it may consume a great deal of tim Public interest is often aroused and members of the public are expected to comment on this proposed law which is technically known as a bill, which may be defined as a list of proposed items that are to be passed as law. To ensure that the community is give. an opportunity to have its views and wishes made knowi during the passage of a bill, some of the Legislative Councillors known as unofficial members, are always available to give audiends to anyone who cares to say something useful in respect of the bill. Editorial.
latters comments,
to the "correspondence column" of the newspapers and even radio or televisión discussions are often studied by the unofficial members who during the debating stage in the enactment of a bill can
bring out interesting points to throw more light upd the usefulness of the bill.
Every bill has to go through three stages commonly known as the "Three Randings" which are nothing more than the regular meetings of the Tegislative Council. The First Heading takes place az one of the meetings of the Council, in which one of the members, usually a senior official member, proposes that the bill be read for the first time before the Council. A copy of the bill is distributed to each member for him or her to study more closely after the meeting. The Governor, as President of the Connell, may say something about the proposa is contained in the bill he so wishes depending on now important the bill is to the
community. the Governor will then appoint a date fo the second heading of the bill. The bill 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, as explained earlier, are often noted carefully by the unofficial members
ho are appointed to represent the public.
The main purpose of the Second Reading is to determine whether the bill will benefit the community or not, and at the same time if there are changes to be made in the bill, they must be made there and then. Members of the Council wilt debate on the bill. A vote is then taken. The voting is done by " "voicing"-" That is, to say 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
the bill is accepted; if the "noes" are louder than the "ayes" the bill is rejected. An alternative form of voting is for the Clerk of the Council to note the decision of each member individually, which is used when requested should the members feel that the former method inaccurate:
If the bill is accepted, it is said to de Moommitted, that is to say it is now discussed in detail by the entire Council or by one of the three Standing Committees (the Law, Finance or Public Works Committee) or a Select Committee of the Council depending on the nature of the bill. 4t this stage any member can, of course, introduce a proposal to change any part of the bill. A copy of the proposal is then distributed to the members who can debate on it. Before the conclusion of the Second Reading a date is appointed for the Third Reading. Sometimes a series of meetings has to be held during the Second Reading, if necessitated by the elaborate discussion of the bill.
At the Third Heading, a member will move that the bill be read for the last time. If at this stage there is still a proposal 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. If there is no proposal to change any part of the bill, it is then accepted as a new law of the Colony. The bill is then given to the Governor for his final approval known as the "assent". The Governor' assent is then followed by the Queen's. The new law is then published in the Government Gazette and is styled sa an ordinance together with the year and the order in that year in which it is passed. Everybody will then know of its existence,
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Exercise NO. 2.
13 R*
本熊邮
statement below.
11. Write "true" or "raise
cach (a) Man cannot survive without secondary wants. (b) Everybody is concerned with creating economir
wealth regardless of what his occupation is, (e) Housing Society is a Government institution whose aim is to provide low-cost housing in Hong Kong
(d) The Po Leung Mus is the only organization that looks after abandoned, babies in Hong Kong.. Hong Kong has displaced Japan as the leadin supplier of cotton textiles to the United States.
Hong Kong roads are the cause of all traffic accidents that happen daily.
g. Educational Television is designed to replace
class-room teaching.AN
(h) Tourism is Hong Kong a second leading industry. (1) The editorial of a newspaper provides e
commentary of important news for the guidance of its readers; (3) The rule of
Jamous acctrine of English
LAH.
Pill in the blanks:
(a) Things bought for immediate use are (b) Those needs that are vitally important to us
so as to maintain our survival are known as (c) The organization that is primarily concerned with
the safety and health of animals is
(d) S.A.R.D.A, runs a rehabilitation centre for drug
addicts on
(e) The two main sources of English law are (1)
and (ii)
is the Building Authority of Hong Kong.
(g) Incse who become members of the Legislative
Council by virtue of their official appointments are known: 43
members,
driving test
(h) A learner driver can drive with a green-white
car plate after passing the
(1) Wa Fu Estate is Srtuated at
Give the name or term for:
(a) The method of solving industrial disputes,
where a third party acts as mediatori
(b) a collection of rules governing human conduct
and which are made and altered by a legislature in the country.
(c) The modern concept of handling ship ing cargoes
without using manual labour.
(d) Criminal offences which are tried in
Magistrate's courti
(e) Criminal offences tried in a District Court (f) Things supplied freely by Nature.**
(g) The system under which economic wealth is
created
(h) People whose work is to turn raw materials into
forma useful to ren
(1) Goods used to produce other goods. (3) A court which is the first to hear the
What does each abbreviation stang for
(a) T.D.C.
(b) C.0.0.
(c) CONAD.
(a) CM.A.
(e) G.I.S
Which Goverment Department
(a) helps to settle domestic alsputes?)
(b) operates Educational Television?
(c) has s preventive service against smuggling of A dutiable goods?
7
(d) collects salaries text
(e) checks notorious haunts for missing girls?
「
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