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Subsidiary Legislation In Hong Kong
Subsidiary legislation in Hong Kong is law made with powers delegated by a law enacted by the Legislative Council of Hong Kong. According to the Department of Justice, Hong Kong has a large volume of subsidiary legislation. The making of subsidiary legislation is subject to the ambit of administrative law. Definition Subsidiary legislation refers to legislation made under delegated powers granted by other legislation made by the Legislative Council of Hong Kong. Very often the powers are given to the executive branch, such as a particular government organ. However, not all rules made by the executive are subsidiary legislation. The government may make policy documents in the absence of statutory delegation, although sometimes such documents are authorized by statute. Such documents are not binding in nature and has no strict legal status. On the other hand, subsidiary legislation creates binding rights and obligations. Constitutional basis Subsidiary legislation is authorized ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislative Council Of Hong Kong
The Legislative Council of the Hong Kong Special Administrative Region (LegCo) is the unicameral legislature of Hong Kong. It sits under China's " one country, two systems" constitutional arrangement, and is the power centre of Hong Kong's hybrid representative democracy. The functions of the Legislative Council are to enact, amend or repeal laws; examine and approve budgets, taxation and public expenditure; and raise questions on the work of the government. In addition, the Legislative Council also has the power to endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court, as well as the power to impeach the Chief Executive of Hong Kong. Following the 2019–2020 Hong Kong protests, the National People's Congress disqualified several opposition councilors and initiated electoral overhaul in 2021. The current Legislative Council consists of three groups of constituencies— geographical constituencies (GCs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Justice (Hong Kong)
The Department of Justice (DoJ), is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department () and Attorney General () respectively. The Department of Justice's main value is the rule of law. This law is the law that has brought Hong Kong the success of being known as the world's international financial centre. Their leading principle consists of the quote “One country, Two Systems”. The Department of Justice is very important in the legal system in many ways. One being that they give legal advice to other departments in the government system. “drafts government bills, makes prosecution decisions, and promotes the rule of law”. Its main goal is to ensure that Hong Kong's status as the main centre for legal services is enhanced and maintained. History In March 2021, after 15 of 47 pro-democracy figures were granted bail by a court, the DoJ immediate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law countries Unlike most common law jurisdictions, most civil law jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Law Of Hong Kong
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 Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the 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 transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the "one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tsang Yok-sing
Jasper Tsang Yok-sing ( zh, t=曾鈺成; born 17 May 1947) is a Hong Kong politician. He is the founding member of the largest pro-Beijing party the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) from 1992 to 2003 and the 2nd President of the Legislative Council from 2008 to 2016. Graduated from the University of Hong Kong, Tsang chose to teach in the leftist Pui Kiu Middle School and became its principal before he stepped into politics in the 1980s. In 1992 he founded the Democratic Alliance for the Betterment of Hong Kong and first contested in the 1995 Legislative Council election in which he lost the race. He was elected in Kowloon West in the first Legislative Council election after the handover of Hong Kong in 1998. He was also the member of the Executive Council from 2002 to 2008. He became the President of the Legislative Council in 2008. Due to his relatively fair and accommodating presiding styles and his relatively liberal image within ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delegated Legislation In The United Kingdom
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament. Statutory Instruments are the most frequently used type of secondary legislation, with approximately 3,500 made each year, although only about 1,000 need to be considered by Parliament. They usually have either rule, order or regulation in their title. Secondary legislation is used for a wide variety of purposes such as fixing the date on which an Act of Parliament will come into force; setting fees for a public service; or establishing the details of an Act of Parliament. Delegated legislation is dependent on its parent act, which prescribes its parameters and procedures. Although a large volume of delegated legislation is written without close parliamentary scrutiny, there are statutory instruments to pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Hong Kong
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong. Since the handover in 1997, the constitutional framework is provided by the Hong Kong Basic Law, which is a piece of National Law of the People's Republic of China and has, practically, constitutional status in Hong Kong. The principle of ‘ one country, two systems’ was enshrined in Article 5 of the Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’. The Basic Law provides that the common law system shall be maintained. Some commentators described the theoretically hybrid system of civil law and common law as unique, although there ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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