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Murder (Hong Kong)
The Offences against the Person Ordinance (Cap.212) and the Homicide Ordinance (Cap.339) are the main statutes that govern homicide. However, no definition of any type of unlawful homicide is available in the Ordinances. As a result, common law definitions remain largely relevant to Hong Kong. Murder The definition of murder is identical to that in England and Wales. The "year and a day" rule has also been abolished. Contrary to the position in England and Wales, there is no time limit beyond which the consent of the Secretary of Justice would be required. The retention of intention to cause grievous bodily harm as a form of "malice aforethought" (the other form being the intention to kill) was challenged in the case ''HKSAR v Lau Cheong'' as being both insufficient in common law and in contrary to the Basic Law and the Hong Kong Bill of Rights. The five judges, sitting on the Court of Final Appeal, unanimously rejected both arguments. Murder carries a mandatory sent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In English Law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker (''Glanville Williams Textbook of Criminal Law''; London: Sweet & Maxwell, 2015), chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in ''DPP v Hyam''. Because murder is generally defined in law as an intent to cause serious harm or injury (alone or with others), combined with a death arising from that intention, there are certain circumstances where a death will be treated as murder even if the defendant did not wish to kill the actual victim. This is called " transferred malice", and arises in two common cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Year And A Day Rule
The year and a day rule is associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more than a year and a day before the death. It is elsewhere associated with the minimum sentence for a crime to count as a felony. The rule and homicide In English common law, it was held that a death was conclusively presumed not to be murder (or any other homicide) if it occurred more than a year and one day since the act (or omission) that was alleged to have been its cause. The rule also applied to the offence of assisting with a suicide. Certain problems with this rule arise from the advance of medicine. Life support technology can extend the interval between the murderous act and the subsequent death. Application of the year and a day rule prevented murder prosecutions, not because of the merits of the case, but because of the successful intervention of doctors in prolonging life. Additionally, advances in forensic medi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Sino-British Joint Declaration#Annex I: Chinese basic policies for Hong Kong, Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of the People's Republic of China, Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was Transfer of sovereignty over Hong Kong, transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Hong Kong Letters Patent, Letters Patent and the Hong Kong Royal Instructions, Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder (England And Wales Law)
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker (''Glanville Williams Textbook of Criminal Law''; London: Sweet & Maxwell, 2015), chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in ''DPP v Hyam''. Because murder is generally defined in law as an intent to cause serious harm or injury (alone or with others), combined with a death arising from that intention, there are certain circumstances where a death will be treated as murder even if the defendant did not wish to kill the actual victim. This is called " transferred malice", and arises in two common cases: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Murder Laws By Country
This is a list of the laws of murder by country. The legal definition of murder varies by country: the laws of different countries deal differently with matters such as mens rea (how the intention on the part of the alleged murderer must be proved for the offence to amount to murder) and sentencing. * Australia * Brazil * Canada * China * Cuba * Denmark * England and Wales * Finland * France * Germany *Georgia * Hong Kong * India * Israel * Italy * Netherlands * Northern Ireland * Norway * Peru * Portugal * Romania *Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eight ... * Sweden * Switzerland * United States {{div col end Murder law by country ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder Law By Country
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In Hong Kong
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
