Inuusee asked in 文學及人文學歷史 · 1 decade ago

香港法律歷史一問

我想問Hong Kong statutes 既來歷,同United kingdom Limitation Act 同 Limitation of Action有咩關係?

Update:

Anwer in english would be welcome.

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  • 1 decade ago
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    would you mind if I answer in English?

    2008-11-18 21:50:55 補充:

    English law, including English statutes and common law and equity, was applied in Hong Kong on 5 April 1843 when the colony of Hong Kong and its first local legislature were formally established under the Charter of the Colony of Hong Kong and the Supreme Court Ordinance passed for the wholesale reception of English law.

    This went on until 1966 when the Application of English Law Ordinance was enacted for the continued application of common law and equity. As regards imperial legislation, it was thought that the task of identifying the laws of England in 1843 had become a tedious and prolonged exercise and simplification of it was thought desirable. Thus, under s.4 of the Ordinance, only Acts of Parliament specified in the Schedule (which contained only pre-1843 Acts) were to apply in Hong Kong.

    Hence, before 1997, Hong Kong statutes contain both imperial legislation and locally-made legislation by the Legislative Council.

    After 1 July, 1997, all pre-1843 Acts of Parliament cease to apply under the Basic Law. Also, the Application of English Law Ordinance was declared to be in contravention of the Basic Law. Hence, currently all HKSAR statutes are locally enacted and do not consist of pre-1843 Acts of Parliament.

    However, the legislature of Hong Kong had a tendancy of copying English Acts. Therefore, some so-called locally made statutes bear great resemblance to corresponding English Acts. For example, the Control of Exemption Clauses Ordinance is identical to the Unfair Contract Terms Act 1977, except that the order and numbering of the provisions are somehow different.

    Therefore, all current HKSAR legislation are locally enacted, but some may be very similar to the English statutes.

    United Kingdom Limitation Act specifies the time limit for different types of proceedings to be brought before the court. If the time limit expires, no action can be brought to recover damages or other remedies. The action is said to be limited.

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