Sage-Tips

What is the meaning of the term common law and what are the characteristics of a common law system?

The distinctive feature of common law is that it represents the law of the courts as expressed in judicial decisions. Judges decide cases cases found in precedents provided by past decisions, in contrast to the civil law system, which is based on statutes and prescribed texts.

Does Hong Kong recognize common law marriage?

The concept of “common law marriage” is a legal framework that considers two people married even if they have not signed marriage documents as long as, for example, they have lived together for many years. “In Hong Kong there is no such thing as a ‘common law’ wife or husband.

What is the meaning of the term common law when contrasted with statute law?

The ‘common law’ means the substantive law and procedural rules that have been created by the judges through the decisions in the cases they have heard. Statute law, on the other hand, refers to law that has been created by Parliament in the form of legislation.

Does Hong Kong law follow English law?

Hong Kong’s legal system was developed under British governance, based on the English common law. The Hong Kong Basic Law, which is a law passed by the Chinese National People’s Congress, came into effect in 1997, becoming the constitutional document in Hong Kong.

What is an ordinance in Hong Kong?

The following is a list of legislation passed by the Legislative Council of Hong Kong. Legislative enactments of Hong Kong are called Ordinances.

Does the term common law mean ordinary law?

Administrative regulations often have the force of law. The term common law means “ordinary law”.

What defines common law?

Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government.

What is the legal age to get married in HK?

16 years of age
Under the Laws of Hong Kong, the minimum age for getting married is 16 years of age (Gregorian reckoning). There are no residential requirements for marrying parties and the parties may be of any nationality.

Is bigamy illegal in Hong Kong?

WHAT IS BIGAMY UNDER HONG KONG LAW? Bigamy is a criminal offence of marrying someone while still being legally married to another. Under section 20(1) of the Matrimonial Cause Ordinance (Cap 179) (“MCO”), bigamy is a ground to nullify a marriage.

What is the legal status of Hong Kong?

So Hong Kong is a former British colony, returned to Chinese control in 1997. And under what’s called “one country, two systems,” it is supposed to operate with a high degree of autonomy for 50 years after that.

What does it mean to have ordinary residence in Hong Kong?

Ordinary Residence A person has ordinary residence in Hong Kong if he/she remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, employment or residence), whether of short or long duration. That status does not change if he/she is temporarily absent from Hong Kong.

Who is entitled to Hong Kong permanent resident status?

Article 24 of the Hong Kong Basic Law and paragraph 2 of schedule 1 to the Immigration Ordinance set out in concise terms for who is entitled to Hong Kong permanent resident status. In summary, they state that the following persons are the permanent residents of Hong Kong: Chinese nationals who were born in Hong Kong.

What does it mean to habitually live in Hong Kong?

A: For the purposes of personal assessment, “ordinarily resides in Hong Kong” means that, apart from temporary or occasional absences from Hong Kong, such person habitually resides in Hong Kong, and is living in Hong Kong as an ordinary member of the community for all the purposes of his/her daily life. back to top.

What does it mean to be settled in Hong Kong?

A person is settled in Hong Kong if: He/She is not subject to any limit of stay in Hong Kong. A person has ordinary residence in Hong Kong if he/she remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, employment or residence), whether of short or long duration.