Laws, Investigations & Ethical Issues in Security

CIM3562

Supplementary Information HKSAR Legal System

HKSAR 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 () Hong Kong Ordinances () Subsidiary Legislation/Regulations () Case Law (judge-made law)()
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Classification of Laws

Criminal Law ()

In a criminal case, a jury typically must have an abiding conviction, proved by evidence that can be accepted as true because the facts of the case support it beyond reasonable doubt (). This could include eyewitness accounts or other evidence that removes valid questions about guilt. Juries must carefully consider all evidence presented in a trial to ensure that evidence that might lead to a conviction has been proved beyond reasonable doubt.

Civil Law()

In civil cases, by contrast, a preponderance () of evidence can be sufficient to settle the case in either party's favor. A preponderance of evidence means that one side of the case has established greater certainty than the other, usually through the presence of a greater quantity of credible evidence or more persuasive evidence. Even a small amount of additional evidence can make the difference in settling a case when only a preponderance of evidence is necessary (or simply the concept a balance of possibility).
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CRIMINAL LAW ()

Offences against persons() Offences against properties () Regulatory offences () Criminal procedures law () Criminal evidence law ()

CIVIL LAW ()

Contract ()

sale of goods () Agency () Employment () Negligence () Nuisance () Defamation () .

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Torts ()

CIVIL LAW ()

Inheritance () Trusts () Company law () Insolvency law () Property ()

personal property () real property intellectual properties

CIVIL LAW ()

Civil procedures law () Civil evidence law ()

Institutions ()

The Courts () The Legislative Council () The National Peoples Congress (NPC)
()

Department of Justice () Legal Aid Department ()

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Institutions ()

The Law Enforcement Agencies ()

Police () Customs () ICAC () Immigration Department () Labour Department ()

The Law Schools ()

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The Court Hierarchy ()

Court of Final Appeal () Court of Appeal() High Court the jury(-) District Court () Magistracy () Small Claims Tribunal () Labour Tribunal() Obscene Articles Tribunal ()

Reference: http://www.judiciary.gov.hk/tc/index/index.htm http://www.hklii.hk/c_index.shtml

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The Personnel ()

The Lawyers ()

Solicitors () Barristers () government lawyers () In-house legal advisers () the law professors ()

The judges () The legislators () The law enforcers ()(e.g. Police)

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