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Which of the following is not accurate about HKSAR’s legal and judicial system?以下哪一項關於香港特別行政區法律和司法系統的説法不是準確的? Hong Kong is a common law jurisdiction. / 香港是一個普通法法域。 Hong Kong courts may refer to precedents of other jurisdictions. / 香港法院可以參考其他法域的司法判例。 Hong Kong courts have the supreme and ultimate authority to interpret all laws. / 香港法院擁有解釋所有法律的最高和終極權威。 The laws in force in the HKSAR are the Basic Law of HKSAR, the laws previously in force in Hong Kong except for any that contravene the Basic Law, and the laws enacted by the HKSAR’s legislature. / 香港現行的法律包括《香港基本法》、沒有和《香港基本法》相抵觸的原有法律以及香港特別行政區立法機關通過的法律。

Question

Which of the following is not accurate about HKSAR’s legal and judicial system?以下哪一項關於香港特別行政區法律和司法系統的説法不是準確的? Hong Kong is a common law jurisdiction. / 香港是一個普通法法域。 Hong Kong courts may refer to precedents of other jurisdictions. / 香港法院可以參考其他法域的司法判例。 Hong Kong courts have the supreme and ultimate authority to interpret all laws. / 香港法院擁有解釋所有法律的最高和終極權威。 The laws in force in the HKSAR are the Basic Law of HKSAR, the laws previously in force in Hong Kong except for any that contravene the Basic Law, and the laws enacted by the HKSAR’s legislature. / 香港現行的法律包括《香港基本法》、沒有和《香港基本法》相抵觸的原有法律以及香港特別行政區立法機關通過的法律。

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Solution

The statement "Hong Kong courts have the supreme and ultimate authority to interpret all laws" is not accurate. While Hong Kong courts have significant authority, the ultimate power of interpretation of the Basic Law lies with the Standing Committee of the National People's Congress of the People's Republic of China, according to the Basic Law itself.

Similar Questions

relationship between the central authorities and the HKSAR

According to the Basic Law, which institution shall appoint the Chief Executive and the principal officials of the executive authorities of the HKSAR?Group of answer choicesThe National People’s Congress Standing CommitteeThe Central People’s GovernmentThe Hong Kong Court of Final AppealThe Legislative Council of the HKSAR

Which of the following statements is accurate regarding the Chief Executive of Hong Kong SAR?下列哪項關於香港行政長官的說法中是準確的? Members of the Executive Council of Hong Kong SAR shall be selected by election or through consultations held locally. / 香港特別行政區行政會議的成員在當地通過選舉或協商產生。 Under the Basic Law, the Chief Executive is vested with the dual role as head of Hong Kong SAR Government (accountable to Hong Kong residents), and that of Hong Kong SAR representing the whole Region (accountable to the Central People’s Government). /《基本法》賦予行政長官「雙首長」的職能,既是香港特別行政區政府的首長(向市民問責),也是香港特別行政區的首長,代表整個香港特別行政區(向中央問責)。 The Chief Executive of Hong Kong SAR shall be directly assigned by the Central People's Government. / 香港特別行政區行政長官直接由中央人民政府指派。 The Legislative Council of Hong Kong SAR shall only be composed of Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country./ 香港特別行政區立法會只能由在外國無居留權的香港特別行政區永久性居民中的中國公民組成。

According to the doctrine of precedent, which of the following is INCORRECT?Question 4Answera.Decisions of courts at the same level in a court hierarchy are not binding authority between them.b.A persuasive precedent set by a lower court does not have to be followed by a higher court.c.Precedents from the High Court of Australia are only binding on Federal courts.d.A decision of the Victorian Court of Appeal is binding on any other court in Victoria, and is persuasive in relation to any other court of the country.

Which one of the following is wrong?Question 9Answera.Tikanga Māori is an example of customary law or a source from which customary law is derived.b.Philip Joseph, the legal academic, wrote that “[w]ords, in and of themselves, are imprecise conveyors of meaning” and hence the “courts supplement statutory words and mould them in accordance with judge-made precepts of public policy”.c.Common law does not develop from legal principles through judgments.d.The High Court can declare secondary legislation to be ultra vires and therefore invalid if that secondary legislation has been made outside the scope of the power given by the relevant primary legislation.

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