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Appellate Law in Hong Kong

Description: This quiz covers various aspects of Appellate Law in Hong Kong, including the structure of the appellate court system, the grounds for appeal, and the procedures involved in the appellate process.
Number of Questions: 15
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Tags: appellate law hong kong court system grounds for appeal appellate procedure
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Which court is the highest court of appeal in Hong Kong?

  1. Court of Final Appeal

  2. High Court

  3. District Court

  4. Magistrates' Court

Show answer
Correct Option: A
Explanation:

The Court of Final Appeal is the highest court in Hong Kong and has the final say on all legal matters.

What are the two main grounds for appealing a decision in Hong Kong?

  1. Error of law and error of fact

  2. Miscarriage of justice and abuse of process

  3. Denial of natural justice and violation of constitutional rights

  4. All of the above

Show answer
Correct Option: A
Explanation:

In Hong Kong, the two main grounds for appealing a decision are error of law (when the judge made a mistake in applying the law to the facts of the case) and error of fact (when the judge made a mistake in finding the facts of the case).

How long does an appellant typically have to file an appeal in Hong Kong?

  1. 14 days

  2. 28 days

  3. 42 days

  4. 60 days

Show answer
Correct Option: B
Explanation:

In Hong Kong, an appellant typically has 28 days from the date of the decision to file an appeal.

What is the role of the Court of Appeal in Hong Kong?

  1. To hear appeals from the High Court and District Court

  2. To hear appeals from the Magistrates' Court

  3. To hear appeals from the Court of Final Appeal

  4. None of the above

Show answer
Correct Option: A
Explanation:

The Court of Appeal in Hong Kong hears appeals from the High Court and District Court.

What is the process for appealing a decision in Hong Kong?

  1. File a notice of appeal, obtain a transcript of the proceedings, and file an appellant's brief

  2. File a petition for leave to appeal, obtain a transcript of the proceedings, and file an appellant's brief

  3. File a notice of appeal, obtain a transcript of the proceedings, and file a respondent's brief

  4. None of the above

Show answer
Correct Option: A
Explanation:

The process for appealing a decision in Hong Kong typically involves filing a notice of appeal, obtaining a transcript of the proceedings, and filing an appellant's brief.

What is the role of the respondent in an appeal in Hong Kong?

  1. To file a respondent's brief

  2. To attend the hearing and present oral arguments

  3. To file a cross-appeal

  4. All of the above

Show answer
Correct Option: D
Explanation:

In an appeal in Hong Kong, the respondent can file a respondent's brief, attend the hearing and present oral arguments, and file a cross-appeal.

What is the purpose of a stay of execution pending appeal in Hong Kong?

  1. To prevent the enforcement of the judgment while the appeal is pending

  2. To allow the appellant to continue using the property that is the subject of the judgment

  3. To allow the appellant to obtain a loan to pay the judgment

  4. None of the above

Show answer
Correct Option: A
Explanation:

The purpose of a stay of execution pending appeal in Hong Kong is to prevent the enforcement of the judgment while the appeal is pending.

What is the role of the Court of Final Appeal in Hong Kong?

  1. To hear appeals from the Court of Appeal

  2. To hear appeals from the High Court

  3. To hear appeals from the District Court

  4. To hear appeals from the Magistrates' Court

Show answer
Correct Option: A
Explanation:

The Court of Final Appeal in Hong Kong hears appeals from the Court of Appeal.

What is the difference between a civil appeal and a criminal appeal in Hong Kong?

  1. Civil appeals involve disputes between private parties, while criminal appeals involve disputes between the government and an individual

  2. Civil appeals are heard by the Court of Appeal, while criminal appeals are heard by the High Court

  3. Civil appeals are subject to a higher standard of proof than criminal appeals

  4. None of the above

Show answer
Correct Option: A
Explanation:

The main difference between a civil appeal and a criminal appeal in Hong Kong is that civil appeals involve disputes between private parties, while criminal appeals involve disputes between the government and an individual.

What is the role of the Judicial Committee of the Privy Council in Hong Kong?

  1. To hear appeals from the Court of Final Appeal

  2. To hear appeals from the Court of Appeal

  3. To hear appeals from the High Court

  4. To hear appeals from the District Court

Show answer
Correct Option: A
Explanation:

The Judicial Committee of the Privy Council in Hong Kong hears appeals from the Court of Final Appeal.

What is the time limit for filing an appeal in Hong Kong?

  1. 14 days

  2. 28 days

  3. 42 days

  4. 60 days

Show answer
Correct Option: B
Explanation:

The time limit for filing an appeal in Hong Kong is 28 days.

What is the role of the Chief Justice in Hong Kong?

  1. To preside over the Court of Final Appeal

  2. To preside over the Court of Appeal

  3. To preside over the High Court

  4. To preside over the District Court

Show answer
Correct Option: A
Explanation:

The Chief Justice in Hong Kong presides over the Court of Final Appeal.

What is the role of the Secretary for Justice in Hong Kong?

  1. To represent the government in legal proceedings

  2. To advise the government on legal matters

  3. To draft legislation

  4. All of the above

Show answer
Correct Option: D
Explanation:

The Secretary for Justice in Hong Kong represents the government in legal proceedings, advises the government on legal matters, and drafts legislation.

What is the role of the Law Reform Commission in Hong Kong?

  1. To review and reform the laws of Hong Kong

  2. To advise the government on legal matters

  3. To draft legislation

  4. All of the above

Show answer
Correct Option: A
Explanation:

The Law Reform Commission in Hong Kong reviews and reforms the laws of Hong Kong.

What is the role of the Bar Association in Hong Kong?

  1. To represent the interests of lawyers in Hong Kong

  2. To promote the rule of law

  3. To provide continuing legal education for lawyers

  4. All of the above

Show answer
Correct Option: D
Explanation:

The Bar Association in Hong Kong represents the interests of lawyers in Hong Kong, promotes the rule of law, and provides continuing legal education for lawyers.

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