Hong Kong Legal System and Legal Method
There are 2 questions, around 800 words for the first question and around
1200 words for the second question,
1. Describe how the doctrine of judicial precedent operates in Hong Kong.
In your answer you should also discuss the perceived advantages and
disadvantages of judicial precedent.
2. Why is statutory interpretation necessary?
-Critically describe and explain how the literal, golden and mischief rules
are used by the judges in the interpretation of statutes. (Common Law
-Is there any establish sequence in applying these rules, or the judges
free to choose any rule they like? In your answer, you should cite any
relevant case to illustrate how these rules operate.
(Literal rule, Golden rule – the judges are trying to make rules make
sense, mischief rule works when golden rules cannot provide an answer,
there is a sequence to follow the rules)