An Overview of HK Legal System

An Overview of the Legal System of Hong Kong

Speaker: Ludwig Ng (伍兆榮律師 )

Some Philosophical Questions

Why do we need a legal system?

What’s a good legal system?

What’s the relationship between democracy and a good legal system?

What constitutes a legal system?

the Laws

the Institutions

the Personnel

Hierarchy of Laws

The China Constitution

The Basic Law

Bills of Rights Ordinance

Ordinances

Subsidiary Legislation

Case Law (judge-made law)

Classification of Laws

Classification of Laws

Criminal Law

Civil Law

CRIMINAL LAW

Offences against persons

Offences against properties

Regulatory offences

Criminal procedures law

Criminal evidence law

CIVIL LAW

Contract sale of goods agency employment …

CIVIL LAW

Torts negligence nuisance defamation ….

CIVIL LAW

Property personal property real property intellectual properties

CIVIL LAW

Inheritance

Trusts

Company law

Insolvency law

CIVIL LAW

Civil procedures law

Civil evidence law

Institutions

The Courts

The Legislative Council

The NPC

Department of Justice

Legal Aid Department

Institutions

The Law Enforcement Agencies Police Customs ICAC Immigration Labour Department

The Law Schools

The Court Hierarchy

Court of Final AppealCourt of AppealHigh Court – the juryDistrict CourtMagistracySmall Claims TribunalLabour TribunalObscene Articles Tribunal

The Personnel

The Lawyers solicitors barristers government lawyers In-house legal advisers the law professors

The Personnel

The judges

The legislators

The law enforcers

Some practical questions

Do we have a good legal systems?

How could we make it better?

The End

Thank you!

Please clap hands