Hong Kong Business Law Assignment 1 1. Zoe wants to sue the retailer to claim back property damage of $22,000. The consumer claim to sue the retailer of HK$22,000 is a minor monetary claim. The Smalls Claims Tribunal was set up to deal with monetary claims involving amounts not exceeding HK$50,000. It is an inferior court which provides a quick , inexpensive and informal method 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 minimal litigation costs. 2. Possess 0. 05 gram ketamine is categorized as a summary offence. Legal actions for summary offences can be heard in the Magistracy. 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, bind a person over to keep the peace and a grant bail. 3. Annie will bring an action under the tort law.
Tort law concerns with claims for property damage and personal injuries directly arising out of breaches of a duty 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 District Court 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 District 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 determine whether or not Annie’s case will succeed. 4. Bonnie Li can apply to the Labour Tribunal for the unreasonable dismissal by Asia Construction Materials Ltd. Labour Tribunal was set up to provide a quick, inexpensive and informal method of setting disputes between 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 recover salary in lieu of notice, relevant accrued fringe benefits owed by the employer and other associated compensation with minimal litigation costs. 5. Henry can apply to the Court of First Instance of the High Court for a legal action for judicial review of the decision of the Legislative Council.
Constitutional Law are rules which effect distribution and exercise of power and relate to legislature, the executive institutions and the judiciary. Under the Basic Law, legislative council of HKSAR is deemed in law as “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 aggravated party. A judge will determine whether or not Henry’s case will succeed.