Question

(a) Sally runs an antique store in Causeway Bay. One night, after closing of the store, she brought all the cash received during the day to deposit into the bank. In a lane not far from her store, a man in black jacket suddenly rushed past Sally, pulled on her handbag to wrench it from her hands. Losing her bag, Sally immediately chased after the man. In desperate attempt to escape, the man kicked Sally vigorously. Sally fell on the ground and was seriously injured. Fortunately, the man was soon captured by some pedestrians passing by and sent to the police station.

Required:

(i) If the man in black jacket is formally charged for robbery, explain whether the case involves civil or criminal law. Discuss the characteristics of this kind of law.

(ii) If Sally wants to claim damages against the robber for her medical expenses amount to HK$100,000, explain whether the case involves civil or criminal law. Which court or tribunal will hear Sally’s case? Explain this court or tribunal’s specific jurisdiction relevant to the case.

(b) Under the common law system in Hong Kong, when a magistrate sitting in the Magistrates’ Court decides a case, he finds that there is a similar case previously decided by the Court of Appeal, is he bound to follow that case to arrive at the decision? Explain.

(c) Explain the “Mischief Rule” for interpretation of legislation under the common law practice. Please cite a relevant case of the mischief rule.

Answer 1

Answer:A

Robbery is the Criminal law as it is the crime .civil law is the one where right liabilities between the parties get effected but criminal law involves where the crime does not effect right liabilities of parties in shoot but wrong intention and it is not against the party but against the society .

Characteristics of criminal law :-

1. Crime is against Society not against individual which punished y criminal law

2. Criminal law punishes mens rea i.e guilty intention for crime

3.Government v/s criminal crime case fought in the court

(ii) Selly can claim 100000 as the compensation for damage to her for medical expenses .This is the criminal CASE and in hongcong criminal jusrisdiction court will only be able to hear the case which is of no civil nature crime hearing .

Answer:B

If a similiar case is already pre decided in the appeal the court or magistrate is bound to follow the principles as given in that case to arrive at the decision in the hongkong .

Answer: (c)

Mischief rule:=The mischief rule was established in Heydon's Case. mischief rule is where the court's role is to suppress the mischiefin the Act and is aimed at and to advance the remedy.

Hope you Like Answer Hit Thumbs up and Give us feed back . Ask your Doubts in comments on Problem if any.

All the best Friends for your examination and most welcome