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What is "Judicial Independence" ?
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In order to allow the judiciary to truly adjudicate disputes, the executive, legislature and judiciary of the government would be separated under the principle of division of power. Accordingly, the judiciary can adjudicate without pressure, and this is called "Judicial Independence"
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| Q: |
What is "Judicial Review"?
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"Judicial Review" is a mechanism for complaint in the Administrative Law. If a person is aggrieved by any decision of the government or other public bodies, he can apply for the judicial review within the prescribed time limit.
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| Q: |
In what kinds of hearing would there be the jury?
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In Hong Kong, the jury is only present in the High Court to give verdict. Its number of persons is normally seven to nine, depending mainly on the complexity of the case.
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| Q: |
Is litigation expensive?
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Due to the special political status of Hong Kong, the structure of the local legal system is very complex. Therefore, litigation, no matter of civil or criminal matters, is normally very complicated and time-consuming, and accordingly the lawyer fee is high. In Hong Kong, in case of lack of economic support but with sufficient grounds for litigation, the plaintiff can apply to the Legal Aid Department for lawyer service which is less expensive or even free.
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| Q: |
What is the great change in the legal system of Hong Kong after the handover?
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In accordance with the Basic Law, the local legal system would generally remain unchanged for 50 years. Hence except several pieces of national laws being applied in Hong Kong, the legal system would operate in the same mode as that before 1997. Regarding the court structure, the major change is that after the handover the highest court in Hong Kong is changed from previously the Privy Council of United Kingdom to the Court of Final Appeal of Hong Kong.
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