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Hong Kong Legal Principles

Hong Kong Legal Principles: Important Topics for Students and Professionals

Stephen D. Mau
Copyright Date: 2006
Pages: 556
  • Cite this Item
  • Book Info
    Hong Kong Legal Principles
    Book Description:

    This book is the result of a perceived need for an updated work on the general principles of law in Hong Kong intended for use by non-law students and professionals, and the general public. While there are publications on specific legal fields, no recent book includes several core legal subjects presented in a general manner. The survey of the more common legal principles that apply in Hong Kong - contract, tort, employment, property, and conveyancing - should assist the reader in understanding and anticipating legal issues that might arise in business or daily situations. Thus, the book is especially suitable for students and professionals in accounting, arbitration, architecture, building or property management, construction, engineering, insurance, shipping, social work, and surveying.

    eISBN: 978-988-8052-28-8
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Preface
    (pp. vii-viii)
  4. Acknowledgements
    (pp. ix-x)
  5. Table of Cases
    (pp. xi-xxviii)
  6. Table of Legislation
    (pp. xxix-xliv)
  7. Introduction
    (pp. xlv-l)

    This book seeks to balance the theoretical principles and the practical application of a number of the most commonly encountered Hong Kong legal subjects, in order to provide an understanding to readers who are non-law students. An attempt has therefore been made to minimize the presentation and to deal with a topic, so far as possible, in the main text. Detailed information is therefore relegated to the footnotes and accompanied by copious references. This organization of the material is intended to provide the necessary essentials for those who are only interested in the essentials, while further explanations are readily made...

  8. 1 Contract
    (pp. 1-96)

    This chapter, organized into three general sections, is concerned with contract law, that is the law governing agreements between parties. First, the definition of contract is provided, followed by a review of the different types of contracts. Lastly, general contract principles will be considered.

    A contract is a legally binding agreement. It is a set of promises between the parties to that agreement which is enforceable under the law where that agreement is made. Contract law is concerned with an agreement between two or more parties, entered into with the intention that it would be legally binding on the parties.¹...

  9. 2 Tort
    (pp. 97-192)

    This chapter is concerned with the law of tort. The first section defines tort and discusses some of the purposes of tort law. The second section reviews the various types of torts most commonly encountered. In addition, some of the liability theories are analysed to afford a better understanding of the reasoning upon which some tort actions are decided in the courts.

    There is no commonly agreed definition of tort.¹ Generally, a tort is a type of civil wrong that has caused harm to an individual or to property. Tort is generally fault-based liability. A tort is an injury, caused...

  10. 3 Employment
    (pp. 193-282)

    This chapter considers several matters relating to employment law.¹ The first concerns the classification of a worker as an employee, for this classification governs the responsibilities and liabilities of the parties between themselves and others. The second is a review of relevant Ordinances and their subsidiary regulations controlling the employer-employee relationship. Finally, this chapter proffers some general comments concerning employment contracts.

    The status of a worker as an employee or as an independent contractor is important, as this distinction dictates an employer’s obligations and responsibilities to those retained by him, and to those affected by the actions of his employees....

  11. 4 Property
    (pp. 283-376)

    This chapter is primarily concerned with the concept of property, its definition and the general principles of the law of property. The first section will review property in general and personal property in particular. A presentation on real property, including a discussion of freehold and leasehold estates, will follow this review. As this work is intended for the general public, the predominant focus will be on land and land-related issues such as servitudes, mortgages and the conveyancing process. Following the general introduction in this chapter, the Conveyancing chapter will give a more detailed presentation of matters related to Hong Kong...

  12. 5 Conveyancing
    (pp. 377-494)

    In this chapter, matters relating to Hong Kong conveyancing are presented in the general order in which the typical conveyancing process¹ proceeds: sale and purchase agreement, nature of title, proof of title, assignment, completion and post-completion activities, remedies in the event of breach, mortgages and charges, and landlord-tenant. Readers will recognize the overlap with some of the earlier chapters, in particular Property.

    However, before proceeding to conveyancing matters, two related subjects, Government leases and the use of deeds of mutual covenants for multi-storey building management, will be reviewed to provide some background information to the material in this chapter.


  13. Index
    (pp. 495-506)