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Sunday, December 16, 2018

'Hong Kong Business Law Assignment\r'

'Hong Kong Business Law Assignment 1 1. Zoe wants to work the retailer to select back property ill-treat of $22,000. The consumer claim to sue the retailer of HK$22,000 is a shaver monetary claim. The Smalls Claims motor inn was set up to deport with monetary claims involving amounts not exceeding HK$50,000. It is an inferior hail which provides a quick , inexpensive and informal system of adjudicating disputes relating to minor monetary claim. Legal representation is not allowed.It is most feasible for Zoe to claim back the HK$22,000 with minimum litigation costs. 2. Possess 0. 05 gram ketamine is categorize as a compact offence. Legal saves for summary offences can be chance upond in the magistrature. 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 can also issue warrants, admit a soulfulness over to keep the serenity and a grant bail. 3. Annie will bring an action under the tort law. civilisedised wrong law concerns with claims for property wrongfulness and personal injuries directly arising out of break ines of a body of work of care owed by one individual to another. Tort law provides compensation for both injury to the person and property, causing pure economic loss and for injury. The rule court of law has limited 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 partition 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 compensation 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 envision whether or not Annies case will succeed. 4. decent Li can apply to the pro ject Tribunal for the excessive dismissal by Asia Construction Materials Ltd. Labour Tribunal was set up to provide a quick, inexpensive and informal method of setting disputes amidst 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 get hold salary in lieu of notice, relevant accumulated fringe benefits owed by the employer and other associated compensation with token(prenominal) litigation costs. 5. Henry can apply to the Court of First illustration of the High Court for a legal action for discriminative review of the determination of the Legislative Council.Constitutional Law are rules which effect dispersion and exercise of power and relate to legislature, the executive institutions and the judiciary. chthonian the Basic Law, legislative council of HKSAR is deemed in law as â€Å"legislature of the Region”. 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 procedure by the alleged alter party. A judge will determine whether or not Henrys case will succeed.\r\n'

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