Rules for Trial in Hong Kong High Court

What are the rules for trial in Hong Kong High Court?

"The latest Hong Kong High Court's regulation is that all trials in Hong Kong are public except for internal court hearings.

You can go to the Judiciary website below to find the trial schedule and location of each court. 

You can enter on time by yourself. Remember to enter and leave.

You must bow to the judge before the court. When the court officer shouts court (court), it’s ok to stand up. Mobile phones and recording are not allowed in the courtroom, but you can write and take notes.

The parties can defend their rights by filing a civil lawsuit and request the court to order the other party to bear the corresponding payment responsibilities. 

If a party initiates a lawsuit, he must first submit a statement of indictment and submit a corresponding number of copies according to the number of parties. 

If the party is a citizen, the name, gender, age, hometown, and address of both parties should be stated. If the party is a unit, the name of the unit, address, legal representative or person in charge should be stated. 

The body of the indictment should state the requested matters and the facts and reasons for the indictment, and the end must be signed or stamped.

 

Tabular Chart Infographics Rules for Trial in Hong Kong High Court

How to confirm the probate of the Hong Kong High Court?

"A will (a copy) certified by the Hong Kong High Court and notarized by a Hong Kong lawyer entrusted by me. 

If its content does not conflict with the laws of our country, it shall be regarded as a valid will, and the notary office shall handle the notarization of testamentary inheritance rights for the beneficiaries of the will accordingly.

If there is a conflict in our country’s law, it should be regarded as an invalid will, and the notary authority cannot handle the notarization of testamentary succession.

If its content partly conflicts with our country’s law, the will is deemed partially invalid, and the notary authority can only issue a notarized testamentary succession to the valid part.

 

The method of confirming the probate of the Hong Kong High Court

Confirm whether the will was made by the testator himself, whether the testator complied with the law of the place of conduct when making the will, whether the property disposed of by the testator in the will belongs to him.

The testamentary beneficiary has no change, whether the will cancels the inheritance rights of heirs who lack the ability to work and have no source of income, etc. 

Whether the will was made by the testator himself, and whether the testator complied with the law of the place of conduct at the time of making the will should be reviewed by the Hong Kong High Court According to Hong Kong practice, after the high court verifies the will, the court will issue a copy of the probate and a photocopy of the will, and the original will is kept by the high court.

In order to confirm the authenticity of the will and the photocopy of the will, the notary public the client may be required to ask the Hong Kong lawyer entrusted by our department to do a notarization.

A will (a copy) certified by the Hong Kong High Court and notarized by a Hong Kong lawyer entrusted by me, if its content does not conflict with the laws of the country, shall be regarded as a valid will. 

This is for the beneficiary of the will to handle the notarization of the right of testamentary inheritance.

If its content is inconsistent with the laws of our country, it shall be regarded as an invalid will, and the notary agency cannot handle the notarization of the will. A notarized testamentary succession certificate can only be issued for the valid part.

 

"A will (a copy) certified by the Hong Kong High Court and notarized by a Hong Kong lawyer entrusted by me, if its content does not conflict with the laws of our country, shall be regarded as a valid will, and the notary office shall handle the notarization of the testamentary right of inheritance for the beneficiaries of the will accordingly.

If there is a conflict in our country’s law, it should be regarded as an invalid will, and the notary authority cannot handle the notarization of testamentary succession.

If its content partly conflicts with our country’s law, the will is deemed partially invalid, and the notary authority can only issue a notarized testamentary succession to the valid part.

The method of confirming the probate of the Hong Kong High Court. Confirm whether the will is made by the testator himself, whether the testator complies with the law of the place of conduct when making the will. 

Whether the property disposed of by the testator in the will belongs to him the testamentary beneficiary has no change, whether the will cancels the inheritance rights of heirs who lack the ability to work and have no source of income, etc. 

Whether the will was made by the testator himself, and whether the testator complied with the law of the place of conduct at the time of making the will should be reviewed by the Hong Kong High Court According to Hong Kong practice, after the high court verifies the will, the court will issue a copy of the probate and a photocopy of the will to the party, and the original will is kept by the high court. 

In order to confirm the authenticity of the will and the photocopy of the will, a notary authority the client may be required to ask the Hong Kong lawyer.

A will (copy) certified by the Hong Kong High Court and notarized by the Hong Kong lawyer. If its content does not conflict with the laws of our country, shall be regarded as a valid will. 

This is for the testamentary beneficiaries to handle the notarization of the right of testamentary inheritance. 

If the content of the will is inconsistent with the laws of our country, it should be regarded as an invalid will, and the notary agency cannot handle the notarization of the testamentary inheritance; if the content partly conflicts with the laws of our country, the will will be deemed partially invalid and the notary authority The notarized testamentary succession certificate can only be issued for the valid part.

 

What is the full text of the Hong Kong High Court ruling?

"The constitutional provisions of Article 104 of the Basic Law include: when an elected member of the Legislative Council takes office, he must swear an oath in accordance with the Oaths and Declarations Ordinance

(a) Uphold the Basic Law and

(b) Alegiance to the Basic Law. Hong Kong Special Administrative Region of the People’s Republic of China.  

Articles 16 and 19 of the Oaths and Declarations Ordinance further stipulate that an elected member of the Legislative Council must make an oath of the Legislative Council in the form prescribed by the Ordinance.

Article 21 of the Oaths and Declarations Ordinance The article also stipulates related requirements. If a member of the Legislative Council is invited to make a Legislative Council oath and “rejects or neglects” to make the oath, the member must leave office (if already in office) or must be disqualified from office (If not taking office).

The above is my answer to the full text of the Hong Kong High Court ruling.  Regarding your question about the full text of the Hong Kong High Court ruling:

National People’s Congress The Standing Committee exercises the powers conferred by Article 158 of the Basic Law to formally promulgate an interpretation of the meaning of Article 104 of the Basic Law ("the interpretation").

This interpretation is binding on all courts in Hong Kong , And the court should implement this interpretation. For the purpose of this lawsuit, according to this interpretation, the meaning of Article 104 of the Basic Law in fact stipulates that elected legislators must sincerely and solemnly follow the The Oaths and Declarations Ordinance (the laws of the Hong Kong Special Administrative Region) stipulated by the Legislative Council oath to take an oath, and comply with the relevant requirements in content and form.

If he intentionally refuses to make a Legislative Council oath regardless of form or content, the oath shall be declared It was invalid and his qualifications to be elected as members were also cancelled.

On the other hand, the court also accepted the Chief Executive/Secretary for Justice’s submission that the relevant provisions of the "Oaths and Declarations Ordinance" under the laws of Hong Kong are not affected by the interpretation.

An appropriate interpretation is made below, and its meaning and legal effect are the same as the above-mentioned meaning of Article 104 of the Basic Law. The court adopts an interpretation method based on the original intent of the legislation and ruled in accordance with the common law of the “Oaths and Declarations Ordinance”.

Articles 16, 19, and 21 have the following meanings and effects:   

(a) The relevant provisions of the Oaths and Declarations Ordinance reflect and emphasize the provisions of Article 104 of the Basic Law.  

(b) Members of the Legislative Council must be elected  

(c) Members of the Legislative Council must take the oath in accordance with the form, method, and content of the Legislative Council oath prescribed in the Oaths and Declarations Ordinance.   

(d) The oath must be taken solemnly and sincerely, then It is a form of witness for the deponent to express that he will be loyal to his conscience and perform relevant actions on the ground.

An oath of allegiance or expression of loyalty, on behalf of the deponent, promises and guarantees sincere allegiance to a specific regime and government, and supports its

"The constitutional provisions of Article 104 of the Basic Law include: an elected member of the Legislative Council must swear an oath in accordance with the Oaths and Declarations Ordinance when taking office

(a) uphold the Basic Law

(b) allegiance Hong Kong Special Administrative Region of the People’s Republic of China.  

Articles 16 and 19 of the Oaths and Declarations Ordinance further stipulate that an elected member of the Legislative Council must make an oath of the Legislative Council in the form prescribed by the Ordinance. Article 21 of the Oaths and Declarations Ordinance The article also stipulates related requirements. 

If a member of the Legislative Council is invited to make a Legislative Council oath and "rejects or ignores" making the oath, the member must leave office (if already in office) or must be disqualified from office (If not taking office). 

The above is answer to the full text of the Hong Kong High Court ruling. Hope this can help you. 

Regarding the question about the full text of the Hong Kong High Court ruling, answer is as following:

National People’s Congress The Standing Committee exercises the powers conferred by Article 158 of the Basic Law to formally promulgate an interpretation of the meaning of Article 104 of the Basic Law ("the interpretation"). 

This interpretation is binding on all courts in Hong Kong, and the court should implement the interpretation. 

For the purpose of this lawsuit, according to the interpretation, the meaning of Article 104 of the Basic Law in fact stipulates that elected legislators must sincerely and solemnly follow the The Oaths and Declarations Ordinance (Hong Kong Special Administrative Region Laws) stipulates that the Legislative Council oaths to take an oath and complies with the relevant requirements in content and form. 

If he intentionally refuses to make a Legislative Council oath regardless of form or content, the oath is declared Invalid, and his qualification to serve as a Member of Parliament was also cancelled. 

On the other hand, the court also accepted the statement of the Chief Executive/Secretary for Justice that the relevant provisions of the "Oaths and Declarations Ordinance" under the laws of Hong Kong are not affected by the interpretation an appropriate interpretation is made below, and its meaning and legal effect are the same as the above-mentioned meaning of Article 104 of the Basic Law. 

The court adopts an interpretation method based on the original intent of the legislation and ruled in accordance with the common law of the “Oaths and Declarations Ordinance”. 

Articles 16, 19, and 21 have the following meanings and effects:   

(a) The relevant provisions of the Oaths and Declarations Ordinance reflect and emphasize the provisions of Article 104 of the Basic Law.   

(b) Members of the Legislative Council must be elected  

(c) Members of the Legislative Council must take the oath in accordance with the form, method, and content of the Legislative Council oath prescribed in the Oaths and Declarations Ordinance.   

(d) The oath must be taken solemnly and in good faith, then It is a form of witness for the deponent to express that he will be loyal to his conscience and perform relevant actions on the ground. 

An oath of allegiance or expression of loyalty, on behalf of the deponent, promises and guarantees sincere allegiance to a specific regime and government, and supports its constitution.

 

Can you describe the criminal verdict of the Hong Kong High Court?

"Hello, the criminal verdict of the High Court of Hong Kong is as follows. The High Court of Hong Kong issued a temporary injunction on the 20th, prohibiting "occupiers of Central" from occupying the roads of Mong Kok and the three entrances of the CITIC Tower in Admiralty.

The judgment of the High Court on the 23rd stated that the assembly was blocked The fire escape and main entrances and exits of CITIC Tower in Admiralty pose a danger to the safety of building users and occupiers.

The occupiers in Mong Kok obstruct the traffic arteries, cause nuisance to the public and affect the livelihoods of taxi drivers. 

Hong Kong Advanced The court HIGH COURT (called the Supreme Court before the transfer of sovereignty, and renamed after 1997 due to conflicts with the Supreme Law of China) is a court of the Hong Kong Judiciary, which consists of two parts:

  1. The Court of First Instance
  2. The Court of Appeal

The Court of First Instance is the highest in Hong Kong The court of first instance has unlimited jurisdiction. 

It can hear any civil and criminal litigation in Hong Kong, and handle appeals from some specialized courts, except for national acts related to the national defense and diplomacy of the People’s Republic of China.

It is the highest appellate court in Hong Kong except the Court of Final Appeal, which specializes in handling appeals from the Court of First Instance, the District Court, and the Lands Tribunal.

"Hello, the criminal verdict of the High Court of Hong Kong is as follows. The High Court of Hong Kong issued a temporary injunction on the 20th, prohibiting "occupiers of Central" from occupying the roads of Mong Kok and the three entrances of the CITIC Tower in Admiralty. 

The judgment of the High Court on the 23rd stated that the assembly was blocked the fire escape and main entrances and exits of CITIC Tower in Admiralty pose a danger to the safety of building users and occupiers.

The occupiers in Mong Kok obstruct the traffic arteries, cause nuisance to the public and affect the livelihoods of taxi drivers.

Hong Kong Advanced The court HIGHCOURT (called the Supreme Court before the transfer of sovereignty, and renamed after 1997 due to conflicts with the Supreme Law of China) is a court of the Hong Kong Judiciary, which consists of two parts:

The Court of First Instance and the Court of Appeal. The Court of First Instance is the highest in Hong Kong The court of first instance has unlimited jurisdiction.

It can hear any civil and criminal litigation in Hong Kong, and handle appeals from some specialized courts, except for national acts related to the national defense and diplomacy of the People’s Republic of China.

It is the highest appellate court in Hong Kong except the Court of Final Appeal, specializing in handling appeals from the Court of First Instance, District Court and Lands Tribunal.

 


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