Sunday, 8 June 2008

EPA note 6,7

EPA note unit 6, 7

Law is a set of binding rules by which every person and organization and society has to abide.

Three meaning of “rule of law”

The government must act and rule according to the law which serves as the basis for its legality.

Equality before the law is upheld.

The judiciary is independent of the executive and legislative branches.

Three importances of law and the rule of law:

Maintain order and security, prevent abuses of power and protect people’s freedoms and legal rights

Source of law:

The Basic Law of the HKSAR is the constitutional document of HKSAR.

Annex III of National Law are applied in HKSAR.

Laws in force in HK before handover including: Ordinances and subsidiary legislation, Common law and Chinese customary law (e.g. relation to land in NT)

The laws enacted by LegCo after handover is the major source.

Some international laws and conventions have been applied to HKSAR.

Law is effective only when it’s strictly enforced, law enforcement body is to maintain order. They are also restricted by the law so as to prevent power abuses.

ICAC:

They receives and investigates allegations of corruption that the complaint from public.

Examines the practices and procedures of gov. departments and public organizations.

Provide corruption prevention advices on request from private organizations.

Promote anti-corruption messages and regular corruption prevention training for stuff of public organizations and maintains regular contract with public organizations to promote good corporate governance and ethical practice.

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