Friday, May 17, 2019

Hong Kong Business Law Assignment

Hong Kong Business practice of law Assignment 1 1. Zoe wants to work the retailer to shout back property damage of $22,000. The consumer claim to sue the retailer of HK$22,000 is a minor financial claim. The Smalls Claims Tribunal was heap up to deal with monetary claims involving amounts not exceeding HK$50,000. It is an indifferent court which provides a quick , inexpensive and informal method of adjudicating disputes relating to minor monetary claim. Legal government agency is not allowed.It is most feasible for Zoe to claim back the HK$22,000 with minimal litigation costs. 2. let 0. 05 gram ketamine is categorized as a summary offence. Legal operations for summary offences tail assembly be heard in the Magistracy. The Magistracy was set up to exercise criminal jurisdiction over a wide range of indictable and summary offences meriting up to 2 years imprisonment and a fine of $100,000. Magistrate whoremonger also issue warrants, bind a person over to keep the peace and a provide bail. 3. Annie will bring an action under the tort law.Tort law concerns with claims for property damage and personal injuries at a time arising out of breaches of a duty of care owed by one individual to another. Tort law provides fee for both injury to the person and property, causing pure economic loss and for injury. The District Court has special(a) jurisdiction in both civil and criminal matters. It has civil jurisdiction to hear monetary claims from $ 50,001 and up to $ 1 million. The common types of civil action that the District Court deals with are claims for breach of contract and tort claims.Legal actions for tort claims can be heard in the district court. As Annie wants to claim for claim wages of HK $85,000, the amount is within the civil jurisdiction of the District Court. Annie can apply to the District Court and a judge will determine whether or not Annies eccentric person will succeed. 4. Bonnie Li can apply to the Labour Tribunal for the unreasonabl e dismissal by Asia Construction Materials Ltd. Labour Tribunal was set up to provide a quick, inexpensive and informal method of setting disputes between employees and employers. Legal representation is not allowed.It deals with claims arising from the breach of a term of a contract of employment including employment protection. An employee may claim for remedies against an employer under situation of unreasonable dismissal. It is most feasible for Bonnie Li to recover salary in lieu of notice, relevant accrued fringe benefits owed by the employer and other associated compensation with minimal litigation costs. 5. heat content can apply to the Court of First Instance of the High Court for a legal action for judicial review of the decision of the Legislative Council.Constitutional Law are rules which effect distribution and exercise of cater and relate to legislature, the executive institutions and the judiciary. Under the Basic Law, legislative council of HKSAR is deemed in law a s legislature of the parting. Because the Court of First Instance can exercise supervisory jurisdictions. Supervisory jurisdiction is exercised over inferior courts, tribunals, administrative authorities or public bodies acting judicially through applications for judicial review appendage by the alleged aggravated party. A judge will determine whether or not Henrys case will succeed.

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