The precise use of the flag is regulated by laws passed by the 58th executive meeting of the state council held. Please set the page orientation to landscape for printing of bilingual texts on a single page. Hong kong incorporation, banking and residency flag theory. The flag of colonial hong kong underwent several changes from then until 1997. Its design was adopted on 4 april 1990 at the third session of the seventh national peoples congress. Appointing a hong kong resident corporate secretary, as required by law.
Nigel davis and melanie mitchell, hong kong listed companies. The law reform commission onestop portal of the hong kong. Strengthening the accountability of directors restricting the appointment of corporate directors by requiring every private company to have at least one natural person to act as director, to enhance transparency and accountability. It is formed by a peninsula and several islands located on the south coast of the south china sea, in the pearl river delta, 100 km southeast of the city of canton and east of the macao special administrative region. The hong kong basic law stipulates that the flag is the official symbol and ensign of the hksar. Hong kongs national anthem law will not contain sufficient detail to cover all situations in which it might apply, the citys justice chief said on monday amid concern over whether it will be. The colonialera flag of hong kong, which combines the union flag symbol with a seal depiction representing hong kong, has been used, in the past few. The report of the standing committee on company law reform on the recommendations of a consultancy report. The articles of association shall supersede and replace the articles of association previously filed. Stipulations for the display and use of the national flag and national emblem and the regional flag and regional emblem pdf.
Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, hong kongs law and legal system seem adequately. The authorisation will come into force on 19 may 2010. On that same day, the constitutional document of the hksar, the basic law of hong kong, went into effect. But note that not all documents are eligible to be apostilled. Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. Localist lawmaker pleads not guilty to desecrating china. Enabling or regulatory law introduction the developing meaning of enabling the consultants report analysis of existing law the committees approach corporate or securities law introduction foci of company law and securities regulations functions of company law and securities regulations jurisdiction 21 21 21 21 24 27 27 28 28 29 29 31. Whatever set of laws that the parties to the contract agreed to. The law of hong kong is based on the rule of law and the independence of the judiciary. Often, the chinese party will not appear in the hong kong action. Jul 01, 2003 hong kong s government say the territorys legislature is required to pass the bill under article 23 of the territorys postcolonial constitution, known as the basic law. Hong kongs economic order and its legal buttresses are analysed in part 2, while the essays in part 3 trace the shifts in social values as reflected both in chinese and hong kong law. Certainly, it is only a matter of time before these developments reach hong kongs court of final appeal as a point of great general or public importance. These flags are great for desk tops, classrooms, rallies, parades, and other special events.
The proper flags to be flown on a hong kong registered ship are the national flag of the peoples republic of china directly above the regional flag of the hong. Our land law pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. Hong kong s high court upheld laws that make the desecration of chinas flag a criminal act, and said the landmark ruling doesnt threaten other forms of political expression. To print the whole chapter in html, please click at the bottom of the toc panel and then click. Today is the 18 th anniversary of the establishment of the hong kong special administrative region hksar. Hong kong hk maritime administration has delegated authority to issue hk bunker convention certificates to the china classification society and the korean registry of shipping in accordance with article 7 3 of the convention. Separating company law from securities regulations conclusions 54 54 54 54 56 58 58 chapter 6 directors and officers nature of relationship between directors and shareholders. The use and display of the regional flag is governed by the regional flag and regional emblem ordinance.
Since chinese civil law and hong kong common law come from an entirely different legal background and legal procedure, it is generally easy for a chinese court to find a public policy issue. It is a serious offence to act as an intermediary in hong kong without the appropriate licence or registration. If the contract itself doesnt contain a choice of law, then the court or the arbitration panel will try to figure out what laws the parties to the contract wanted. The constitutional framework is provided by the hong kong basic law, which is a national law of the peoples republic of china prc under the principle of one country, two systems, hong kong has its own legal system, distinct from the law of the peoples republic of china, and based on the. The audit of licensed corporations and associated entities of. Hong kong corporate law requires all hong kong limited companies to appoint a secretary who is a hong kong resident. A white, fivepetal bauhinia blakeana on a red field. Jul 31, 2017 whatever set of laws that the parties to the contract agreed to.
The audit of licensed corporations and associated entities. The colonial flags were replaced by the chinese national flag and a new standard for hong kong that had been designed in the mid1990s and which was later modified slightly. The basic law is quite clear that only in matters concerning national security and foreign affairs does hong kong not have jurisdiction, giving beijing the right to intervene to prevent someone. The design of the regional emblem of the hong kong. Company act in hong kong open a company in hong kong. Hong kongs high court upheld laws that make the desecration of chinas flag a criminal act, and said the landmark ruling doesnt threaten other forms of political expression. The majority of legal opinion in hong kong to date suggests that these common law developments are likely to find judicial approval locally.
The report of the standing committee on company law. Public documents that bear the true signature of an official party. The design of the regional flag of the hong kong special. Since 1988 david ravenscroft has been offering hong kong notary services a variety of hong kong notarial services what is a notary public. When drafting an ndannn contract with a hong kong company. Set up a company and bank account in hong kong flag theory. Get the best commercial law notes for the pcll conversion exams. Merchant shipping seafarers medical stores regulation cap. The quick guide of seeking notary public in hong kong. Oct 28, 2017 the basic law is quite clear that only in matters concerning national security and foreign affairs does hong kong not have jurisdiction, giving beijing the right to intervene to prevent someone. Hong kong corporate law the hong kong institute of.
Hong kongs highest court upholds flagprotection laws wsj. The report of the standing committee on company law reform on. Hong kong in mind, into annex iii of the basic law, meaning that hong kong is required to legislate a similar law for. Hong kongs government say the territorys legislature is required to pass the bill under article 23 of the territorys postcolonial constitution, known as the basic law. Mandatory provisions 4 article 5 the company is a joint stock limited liability company with perpetual existence and is. Get the best hong kong land law notes for the pcll conversion exams.
As hong kong is a member of hague apostille convention, notary public in hong kong are widely recognized worldwide. A notary public sometimes referred to as simply a notary is an individual public officer authorized to witness signatures, administer oaths and conduct other similar actions. Hong kong is a vibrant, densely populated urban center with a skyscraperstudded skyline and is a major regional free trade port and a global financial hub. The lifting of corporate veil doctrine in hong kong. Unfortunately, it also imposes incompatible elements of the socialist civil law system upon hong kong s common law legal system and, consequently, poses a threat to the survival of hong kong s independent judiciary and legal system. Getting your documents notarized, apostilled andor. Application 14 part ii medicines and medical stores 4. The basic law also stated that the residents of hong kong and various organisations respect and cherish the regional flag.
Hong kong is an autonomous territory, officially referred to as hong kong special administrative region of the peoples republic of china, located in east asia, on the chinese province of guangdong. Since the recipient bodies hold the final decision of whether a declaration, certified true copy and power of attorney is accepted or not, you should strictly follow the requirement of the recipient body and seek help from help. Hong kong notary services hong kong lawyers and solicitors. Special committee on personal injuries of the hong kong bar association and the consumer council. The basic law of the hong kong special administrative region of the peoples republic of china, adopted by the national peoples congress on april 4, 1990, 29 ll.
The letters are made of two blue chevrons whose top is fimbriated in white and blue. On that same day, the constitutional document of the hksar, the basic law of hong. Paper 6 hong kong business law aim this paper aims at providing students with an awareness of the overall legal framework in which business in hong kong operates and at enabling them to apply the relevant legal rules and practices to business problems and. The hong kong special administrative region of the peoples republic of china hong kong sar is a former british colony, located in southeast china. British council removes union flag poster from hong kong. White field with a m and a w placed below the m and skewed to the fly. Prior to hong kongs transfer of sovereignty, the flag of hong kong was a colonial blue ensign flag. The regional flag of the hong kong special administrative region of the peoples republic of. Anthem law wont cover all scenarios, hong kong justice.
This article is just a very general outline for reference and cannot be relied upon as legal advice in any individual case. The hong kong shipping register hong kong marine department. Paper 6 hong kong business law aim this paper aims at providing students with an awareness of the overall legal framework in which business in hong kong operates and at enabling them to apply the relevant legal rules and practices to business problems and practical situations. In hong kong, only the high court can issue an apostille. This is an effective solution for protecting ip from china that accounts for the realities of chinese law and chinas court system. Since a courtfree amalgamation under the new co can only be effected among whollyowned intragroup companies, any deemed transfer of hong kong real estate and shares from the amalgamating companies to the amalgamated company is likely to qualify for stamp duty group relief under section 45 of the stamp duty ordinance. A notary public sometimes referred to as simply a notary is an individual public officer authorized to witness signatures.
Use of union flag 18431871 in 1843, a seal representing hong kong was instituted. The hong kong institute of chartered secretaries hong kong corporate law june 2006 suggested answers section a 1. The flag of the hong kong special administrative region, depicts a white stylized fivepetal hong kong orchid tree bauhinia blakeana flower in the center of a chinese red field. The hong kong institute of chartered secretaries, hong kong corporate law study pack 2. Instrument a401 national flag and national emblem ordinance. Please see hong kong elegislation for information of provisions and amendments not yet in operation. The law and procedure on this subject are very specialised and complicated. The design of the flag is enshrined in hong kongs basic law, the territorys. Localist lawmaker cheng chungtai has pleaded not guilty to two counts of desecrating the chinese and hong kong flags after he was seen flipping. The hong kong institute of chartered secretaries suggested. Joint declaration of the government of the united kingdom of great britain and northern ireland and the government of the peoples republic. It is a statutory holiday in hong kong, as provided in the general holidays ordinance, in commemoration of hong kongs handover from the united kingdom to the peoples republic of china on july 1, 1997. Its emblem, the bauhinia flower, is a traditional emblem of hong kong.
Division 3amendment to legislation publication ordinance cap. These national laws apply in hong kong by the hong kong legislature legislating on the same matter. May 17, 2017 localist lawmaker cheng chungtai has pleaded not guilty to two counts of desecrating the chinese and hong kong flags after he was seen flipping them in protest during a legislative session last. Aug 17, 2017 since chinese civil law and hong kong common law come from an entirely different legal background and legal procedure, it is generally easy for a chinese court to find a public policy issue. Our commercial law pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations. This jurisdiction has one of the most liberal, competitive and laissezfaire economies worldwide. Certainly, it is only a matter of time before these developments reach hong kong s court of final appeal as a point of great general or public importance. Stock exchange of hong kong limited the hong kong stock exchange by the relevant departments of the peoples republic of china and the relevant regulatory authorities, are listed and traded on the hong kong stock exchange.
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