Nobody downloaded yet

Criminal Law in Hong Kong - Essay Example

Comments (0) Cite this document
Summary
Currently, the law of Hong Kong does not hold someone criminally liable for mere omission unless the common law or statutory impose a duty of care between the rescuer and the person in distress. How can we determine whether there is a duty of care between the two We can first look at the principle set out in the case of Miller1…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
Criminal Law in Hong Kong
Read TextPreview

Extract of sample "Criminal Law in Hong Kong"

Download file to see previous pages Secondly, duty to act arises from certain relationships, for example, parent/child, husband/wife and doctor/patient.2 Thirdly, duty to act when s/he is bound by contract to do so, they will be criminally liable if harm or injury arises from their omission even though the person harmed was not a party to the contract. We can support this with the case of Pittwood3; where D was contracted to open and close level-crossing gates to ensure people do not get run over by trains. His failure to do so caused the victim killed by a train. The legal principle of that case was said to be if a person under contract will be liable for the harmful consequences of his failure to perform his contractual obligations. The duty extends to those reasonably affected by the omission, not just the other party to the contract. What about situations which do not fall into the three categories I have mentioned above. The person at the scene has neither created the dangerous situation, nor there is a special relationship between the two, and there is no contract bound on her/him to act. This can be illustrated in Stephen's Digest of the Criminal Law (fourth edition, 1887): A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned, and B is drowned.4 The Criminal law's current position in Hong Kong is very unlikely to hold A liable for any criminal offence since the basic requirement of 'voluntary conduct' is not satisfied. But the main area that we are most interested in is whether the common law is too lenient on such people
Good Samaritan Law has not yet existed in the Hong Kong's jurisdiction; someone who comes across another who is in distress might precluded from offering assistance for fear of having to endure a court proceeding. However, if that person does choose voluntarily to intervene to render assistance he will assume a duty of care towards the individual concerned.5 If gross negligence is found, s/he could be prosecuted criminally.6 Theoretically, the person who puts the victim in distress could also raise a defence of novus actus interveniens meaning the rescuer's negligent treatment has broken the chain of causation. But, practically, this plea is rarely successful against medical treatment as a matter of policy.7 I would assume someone who tries their best to save others in distress would be in the same position.
In the United States and Canada (except Quebec), citizens are not obligated to rescue someone who is in distress, but if they choose to do so, the Good Samaritan Law protects rescuers from being blame.8 The Good Samaritan Law's existence is intended to reduce bystanders' hesitation to assist.9 However, Good Samaritan Laws in Quebec, as well as many other European countries such as Italy, Japan, France, Belgium, Andorra, and Spain require its citizen, at minimum to call the local emergency number, unless doing so would be harmful.10 In Germany, a citizen is obliged to provide first aid when necessary and is immune from prosecution if assistance given in good faith turns out to be harmful. Knowledge of first aid is a "must" before a citizen is given a driver's license.
In conclusion, I feel that the common law is not too lenient on such people. Even if the law of Hong Kong compel its citizens to rescue whenever they see someone in distress, would this practically be effective as such Take the Stephen's example as I have ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal Law in Hong Kong Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1525097-criminal-law-in-hong-kong
(Criminal Law in Hong Kong Essay Example | Topics and Well Written Essays - 2000 Words)
https://studentshare.org/miscellaneous/1525097-criminal-law-in-hong-kong.
“Criminal Law in Hong Kong Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/miscellaneous/1525097-criminal-law-in-hong-kong.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Criminal Law in Hong Kong

Law - Civil Proecdure (Hong Kong) [4 Questions]

...hearing on September 3, 2007 (QPL International, 2007, p. 2). Ms. Cheung sought to have the proceedings stayed because of fundamental unfairness, stating that the conditions were appropriate to stay the proceedings in the interest of justice (Securities and Futures Ordinance, Cap. 571, § 253(1(i); Jago v. District Court of New South Wales (1989) 168 CLR 23). In this case, the tribunal relied upon the rules promulgated at this time in Hong Kong Civil Procedure 2008, which states that “there are two distinct, though related, circumstances in which the action may be dismissed for want of prosecution, namely (a) when a party has been guilty of intentional and contumelious default, and (b) when there has been...
12 Pages(3000 words)Essay

Malaysia and Hong kong

...?Malaysia and Hong Kong Table of Contents 0.A Case Study Analysis: Hong Kong 3 1.Government’s Role in Enhancing Economic Competitiveness 3 2.Role of Human Capital in Developing Economic Competitiveness 4 1.3.SWOT Analysis of Hong Kong’s Human Capital 7 1.4.Key Characteristics of a Knowledge-Based Economy According to APEC 9 1.5.Recommendations 10 2.0.A Case Study Analysis: Malaysia 11 2.1.Causes of the Financial Crisis in Malaysian Economy: 1998 and 2008 11 2.2 Governmental Measures Undertaken 12 2.3 Pros & Cons of the Measures Adapted 13 2.4 The Present Scenario: Economic and Social Context 14 References 15 Bibliography 17 1.0. A Case...
7 Pages(1750 words)Essay

Law - Civil Procedure (Hong Kong)

...for a particular area. As it turns out, the zoning for the area is proper, and the existence of the business in this area is also proper. Yet Defendant has now lost several days or even weeks of business. This is a clear harm to the defendant, yet the court does not have to award the defendant the undertaking if the court deems this to be fit, and this discretion is not limited, therefore the defendant probably could not prevail on an appeal on the matter, as appeals courts are loathe to interfere with judicial discretion. This is obviously an injustice, but, since an undertaking is not a function of tort, criminal or contract law, it is difficult to classify it, so it is difficult to state what is...
6 Pages(1500 words)Essay

Hong Kong Courts Sentences

... be attested by the cases below and how they were handled. To a great extent the sentences are too lenient and they tend to overlook and cover a lot of issues which aught to have been addressed. We will consider various cases and pin point how they have been addressed and the possible leniencies that are associated with them. Hong Kong law courts have been criticized by the way they handle trials and the process of criminal litigation in general. The process clearly shows leniency which makes the whole process unsuccessful contrary to what is expected. This has lead to covering of criminal practices which undermine the integrity of Hong Kong’s society; as a result, this society may seem to be having valuable morals and practices... what is...
10 Pages(2500 words)Essay

History of Hong Kong

...took sovereignty (Carroll, 2007). The region adopted minimum government interposition under the code of positive non - interventionism on the colonial era. The period appreciably influenced the present Hong Kong culture, often called "East meets West", and an educational system that used to loosely monitor the system in England till reforms got implemented in 2009 (Carroll, 2007). Under the "one country with two systems" principle, Hong Kong has a diverse political system from China. Independent judiciary of Hong Kong works under the common law structure. Hong Kong Basic...
8 Pages(2000 words)Research Paper

Disneyland Hong Kong

...? Disneyland Hong Kong Table of Contents Disneyland Hong Kong Table of Contents 2 Executive summary 3 Introduction 3 Disney on international forum 4 Company background 4 Development of Disneyland in other international destinations 5 Hong Kong Disneyland 6 Disneyland in Japan 7 Disneyland in France 8 Conclusion and Recommendations 9 References 10 Executive summary The Disneyland is a fascinating name in the entertainment industry that is a multi-million dollar lavish and prolific theme park. It is present in different countries and is rated as one of the best elements in the global entertainment industry. Since 1955, The Walt Disney...
7 Pages(1750 words)Essay

Hong Kong film

...undertaken by film -makers of the cinema: not only does it have to wrestle with the film industry, concerning which we know very modest, but also has to offer an account of what the political means in our background. Work cited Abbas, Ackbar, Hong Kong Culture and the Politics of Disappearance. Hong Kong University Press, 2004. Law Kar ed, Mandarin Film and Popular songs: 40's-60's: The 17th Hong Kong International Film Festival. Urban Council, Hong Kong, 2003. Lee, Joanna Ching Yun, "All for Freedom: the Rise of Patriotic/Pro-Democratic Popular Music in Hong...
5 Pages(1250 words)Essay

Company law (hong kong)

...Company Law Order #135643 (words 3020) Business corporations exist for the sole purpose of making profits for their stockholders". (A A Berle, "For Whom Corporate Managers Are Trustees "A corporation is an abstraction. It has no mind of it's own any more than it has a body of its own; its active and directive will must consequently be sought in the person or somebody who for some purposes may be called an agent, but who is really the directing mind and will as the corporation, the very ego and centre of the personality of the corporation1" The main objective of any business corporation is to make profit for both shareholders and stock holders of the company. Therefore managers are trustees of the organization...
12 Pages(3000 words)Essay

Hong Kong Hotel Industry

...Dissertation Proposal "Do environment friendly practices can create competitive advantage in Hong Kong Hotel Industries" We all know that Hong Kong is one of the major tourist spots not only in Asia but also in the world. Since it was colonized by Britain, this place somehow showed a remarkable growth in industrialization in which investments from different countries came. It also distinguished itself as more ahead from China with the way their trade and commerce goes. Upon seeing these things, Hong Kong has a big potential in attracting tourists and more likely uplift the Hotel industries within its vicinity. However, due to the fact...
7 Pages(1750 words)Essay

Hong Kong Law of Tort

...Jacqueline and Get-Well Hospital. Such damages shall include actual medical expenses connected to the event and the resulting shock including therapy plus legal expenses. 3.3 When to bring action? All actions must be brought within a specified time or else claims thereof will be forever barred from recovery. The position in Hong Kong for negligence causing personal injury or death the period is three years.15 This position has been confirmed by Stubbings v Webb,16 a House of Lords decision interpreting the English Limitation Act 1980, whose provisions are similar to those of the Limitation Ordinance.17 Footnotes 1. Donoghue v Stevenson [1932] AC 562. also mentioned in D K Srivastava The...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Criminal Law in Hong Kong for FREE!

Contact Us