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Leave permission

The word “Leave” is generally interpreted as “leave”, but in law it is used as the court’s permission. For example: It is necessary to seek the Court's leave to file a document out of time. After the time limit has passed, the court's permission must be obtained before the document can be filed.

Lien

This is the right to withhold another person's property, generally used as a guarantee for repayment, or in exchange for repayment.

Limitation period

Civil claim cases generally have a specified time limit. After the time limit, special approval from the court must be obtained before the relevant claims or procedures can be carried out. . The general time limit for contract disputes is 6 years, but disputes involving contracts have a 12-year time limit. The time limit for employee work-related injury claims is two years from the date of the accident, while the time limit for other injury claims is three years.

Liquidated damages

The compensation claimed by the plaintiff in a civil lawsuit is a specified amount. When the defendant receives the summons, if he pays the plaintiff the specified amount of compensation , the plaintiff no longer has any basis for claim, and the case is therefore concluded.

Listing Case Scheduling

When the case develops to the stage of trial, you can apply to the court to schedule the case for trial. The case can be scheduled in a fixed list or on a floating list. Scheduled in roster.

Maintenance, alimony

The act of one person providing financial assistance to another person is called support. In family law, the living expenses provided to children and spouses are called alimony.

Merits Legal Basis

The facts in a lawsuit provide the plaintiff with a legal basis for filing a complaint or serve as a ground for the defendant's defense.

Mesne profits on behalf of the rent

If the tenant fails to pay the rent on time, the landlord can cancel the relevant lease due to the tenant's breach of contract and recover the rent in arrears. If the tenant fails to pay the rent on time, the landlord can After canceling the lease, if the building is still occupied, the owner can recover an amount equal to the rent as compensation for the tenant's illegal occupation of the building.

Misappropriation

The act of taking another person's object or money without the owner's consent. If there is evidence that the appropriator intends to permanently possess the object, the appropriator's behavior It's theft.

Mitigation Request for a lighter sentence, reduce

1. The defendant in a criminal case requests the court to give a lighter sentence to his crime. The court will consider whether the defendant has a criminal record, family background, and whether he has a good understanding of the crime. Remorse for committing a crime, etc., and impose an appropriate sentence.

2. In a civil action for compensation, although the defendant is responsible for compensating the plaintiff's losses, the plaintiff is also responsible for minimizing the losses.

Natural child

Natural child generally refers to biological children, but they can be born in wedlock (legitimate) or out of wedlock (illegitimate).

Negligence Negligence

This word is often used for professionals. It mainly refers to the fact that professionals do not take appropriate actions based on their professional ethics and behavior. causing their customers to suffer losses as a result.

Next friend Litigation Protector

This protector appears mainly because the litigant is a minor or a patient and needs to be represented by this litigation protector.

Nolle presequi

Enters a nolle prosequi, which means to suspend the prosecution. It is the plaintiff's promise to the defendant to suspend the prosecution against the defendant. Different from civil cases, in criminal cases, even if the Department of Justice proposes to suspend prosecution, it does not mean that the defendant will not be charged again for the same crime.

Non est factum This is not what I signed

Non est factum is often used as a defense for the defendant, claiming that the defendant did not sign the document, or that the defendant did not sign the document when he signed it. Know the contents of the file, so the English explanation of non est factum is it is not my deed.

Notice to quit

In the relationship between the landlord and the tenant, either party can send a notice to the other party as a notice to terminate the tenancy. However, according to the Landlord and Tenant (Consolidation) Ordinance, the notice sent by the landlord to the tenant must be subject to the time limit specified in the Ordinance. The tenant's notice to vacate cannot be used to terminate the tenancy agreement midway, unless the other parties agree or there is a clause in the tenancy agreement.

Nullity of Marriage

There are certain restrictions in the law to determine the invalidity of a marriage. This judgment can be based on the man's sexual impotence or the woman's lack of sexual intercourse since the marriage. Refusing to have sex with a man for a reason. If the court rules that the marriage is invalid, the marriage status of the parties is considered unmarried, not divorced.

Obiter dictum are incidental opinions expressed by the judge when judging the case

They are some incidental opinions expressed by the judge when judging the case and will not affect the final judgment of the case.

Official Receiver

Is a government position. Specialized in handling bankruptcy or company liquidation matters. Its office is located on the 10th floor of Queensway Government Offices, Hong Kong.

Onus of proof

For details, see Burden of Proof.

Open Contract A contract with incomplete conditions

The establishment of a contract has many components. In addition to the basic contract signer, contract term, contract model and the responsibilities of both parties, etc., However, if the contract lacks information such as the time for execution by both parties, it can be called an incomplete contract

Order of discharge

According to current laws, if an individual is ruled bankrupt by the court , he needs to face various restrictions after bankruptcy, including not being a company director, not being involved in company management, not being able to lend money to others without revealing his bankrupt status, etc. If the court approves the issuance of a discharge order after bankruptcy, the individual can become free.

Ordinary resolution Ordinary resolution

Ordinary resolution refers to a resolution approved by more than half of the voters at a general company meeting. Such a resolution is different from extraordinary resolution (extraordinary resolution) and special resolution.

Overruling

That is, the overruling of the decision of the lower court by the higher court. This can be the overturning of the decision of the court of first instance by the appeals court, or the final court's decision of the appeal court. of overthrow.

Pardon Pardon

It means that the prisoner's conviction or sentence is revoked through pardon. After the prisoner is pardoned, he cannot be convicted again for the same case.

Partial intestacy Partial intestacy

It means that the deceased’s will does not fully include all the deceased’s estate. For example, the deceased only mentioned the disposal of property and cash (including bank deposits) in the will. In fact, the deceased also had stocks and other jewelry that were not mentioned in the will. Therefore, these unmentioned inheritances need to be inherited according to intestacy. Legal treatment.

Personal service

The service person personally delivers the court or law firm documents to the recipient. In some cases, the court or the law may require a special method of service. Personal service is one of them, and the other may be registered mail or advertising.

Personam means people

It is opposite to rem means things. It is Latin, referring to or relating to people.

Petition request

Legally, a Petition can be a request for divorce or bankruptcy, and is brought in the form of a petition.

Physical possession Physical possession

Physical possession is different from other possessions, because if the object is in a person's physical possession, it means that the person actually possesses the object. However, physical possession does not equal ownership of the object. For example, if a buyer places an order with a seller, the seller has specially separated the object from other goods, and the buyer has paid all the money, then although the seller still physically owns the object, he is not the owner of the object.

Plaintiff Plaintiff

Usually in the course of litigation, the party that issues a ticket to the defendant is the plaintiff. The plaintiff can be an individual or a corporation, or it can be the government.

Possessory title Land possession

This land possession is not supported by any deed, mainly because the occupier has occupied the property for a long time and no one raised any objection. If so, the possessor can register the land and become the registered owner of the land.

Power of Attorney

It is formed as a contract and delegates certain personal powers to others. It is most commonly used in property management. For example, if the owner has immigrated to a foreign country and the owner has appointed a trustworthy person to manage his property in Hong Kong, he can also request the trustee to rent or sell the property for him through a power of attorney. .

Pre-emption

Pre-emption most often appears in the equity transactions of a limited company, because it is often stipulated in the company's articles of association that if the company's shareholders want to To sell the company's shares, you must first buy them to existing shareholders. This situation mainly prevents outsiders from intervening in the company's business.

Premium land premium

Land premium is widely used in land transfers in the New Territories in Hong Kong or in the Home Ownership Scheme of the Housing Department. If the seller wants to sell these properties, he must first pay the land premium for the property, and then he can sell the property after receiving the land premium certificate. The current transaction situation can also allow the seller to pay the land premium only after receiving the buyer's payment.

Presumption of death

Hong Kong law states that if a spouse has been missing for seven years or more, the surviving spouse can apply to the court to presume that the missing spouse is dead. If a court order is granted, the surviving spouse can settle the estate of the missing spouse.

Prohibition Order Injunction

An injunction is commonly issued by a creditor against a debtor. The creditor must satisfy the court that the debtor intends to evade legal liability and will flee Hong Kong, so it issues an injunction. The order prohibits the debtor from leaving the country.

Quantum compensation amount

In civil litigation, especially some cases of personal injury compensation, many times the defendant will accept responsibility, but as for how much responsibility he should bear, a compensation The amount is the question of Quantum.

Question of fact Questions of fact

It is based entirely on facts and has nothing to do with law and must be decided by the court. For example, in a rape case, the victim claims to have been raped by the defendant, and the defendant points out that the sexual intercourse was with the consent of the victim. Therefore, the factual issue in this case is that sexual intercourse occurred, but whether rape occurred or not involves legal issues.

Question of Law

If the ruling is based on factual issues, it will be difficult to deduce the lower court's ruling from the appeals court unless there are very special circumstances. But legal issues are different. Litigants can generally appeal on legal issues.

Quilt enjoyment The right to quiet enjoyment

The right to quiet enjoyment generally appears in the lease. Even if there is no explicit clause in the lease stipulating that the landlord should provide an environment for quiet enjoyment, this right will Can be used as an implied term for general tenancy tenants.

Reckless driving

Reckless driving is different from careless driving. Reckless driving is more serious, including injuring people and damaging property, and the penalties are higher than those for careless driving. Driving heavy.

Reconciliation

Usually appears in divorce cases. When the parties entrust a lawyer to handle the divorce, the lawyer usually signs a settlement letter indicating that the lawyer's responsibility is only to handle the divorce for the client. application, but no settlement proposal was made to the parties.

Redemption

In a building mortgage, if the borrower intends to buy the building, he must first redeem the building from the bank, because the buying and selling of buildings in Hong Kong is quite frequent. , there is usually a rare chance that the property will be redeemed first and then sold. In most cases, the property redemption and sale are carried out on the same day.

Refresher fee: Extra fee for barristers to go to court

Before going to court, the barrister will usually agree with the client on a refresher fee, which is the fee for each day after the first day of court.

Registered office Registered address

The registered address refers to the address registered by the limited company in the Company Registry. The registered address has considerable legal significance, because according to the company law, if legal and judicial documents are delivered to the company's registered address, the service can be regarded as complete, unless there are other reasons to support the recipient's failure to receive the documents. .

Relief Legal remedies

Refers to civil requests for court remedies. For example, after a repossession order is issued, the tenant can request the court to suspend or delay the repossession as long as he has sufficient reasons. The most common requirement is that the tenant immediately pays all the rent in arrears, and the repossession order can be suspended.

Remand

In a criminal case, the suspect is remanded to a prison cell and another day is set for trial. However, the court may also allow the suspect to go out on bail pending the trial date based on individual needs.

Remote indirect

If we say that the occurrence of an event is relatively remote, that is, the probability of its occurrence is quite low, almost as low as zero.

Requisition Inquiry

In a property transaction, one of the responsibilities of the buyer’s lawyer is to ensure that the title is proper, so he is obliged to provide the seller with the title deed documents, etc. Make an inquiry.

This inquiry process is very important, because if any problems with the title are found through this process, the buyer can use this as a basis to terminate the lease.

Restraint of trade

Restrictions on employment mainly occur in employment relationships. Many times, employers will add clauses in employment contracts that restrict employees from working elsewhere after leaving the job or restrict employees from working for other employers within a specific period of time. These restrictions may be ruled invalid by a court based on geography or length of time.

Rule of law The spirit of the Constitution

It means that everyone needs to act in accordance with the spirit of the Constitution.

Seal

Affixing a seal to any contract proves the authenticity and validity of the contract. In property sales, for a valid transaction, the law requires that the deed must be "Sign seal and deliver", that is, it must be signed, sealed and delivered.

Secondary evidence

In a transaction, if the original contract has been lost and it cannot be proven that there were restrictions and protections for both parties, the court will often rely on these so-called substitutions. sexual evidence. These evidences can be letters exchanged between the two parties and other documents signed by both parties to prove the contractual intentions of both parties.

Severance payments

If an employee has worked for the employer under a continuous contract for 24 months and is dismissed or suspended due to redundancy, he or she will be entitled to severance payments. For the calculation method of severance pay, please refer to the Legal Knowledge Edition.

Sine die

Usually cases are adjourned indefinitely. "adjourned sine die" means that the court does not set an adjournment date unless one party reorganizes the documents and requests an adjournment. until the scheduled hearing.

Slander Transient forms of defamation

These defamatory actions are verbal but are not sent through the media and have a temporary defamatory effect on the person targeted.

Smuggling

Smuggling refers to smuggling objects into Hong Kong with the purpose of evading the responsibility to pay import taxes.

Specific performance Mandatory performance

A method of compensation for one party to the other party for breach of contract. If the complying party has fulfilled the requirements of the contract, he can ask the court to issue an order for performance to force the defaulting party to perform in accordance with the terms of the contract. If it is a property purchase and sale transaction, mandatory performance requires both parties to fulfill the terms of a must-buy and a must-sell.

Statement of affairs Statement of assets and liabilities

In the bankruptcy application, the bankrupt needs to fill in a Statement of affairs to list the information of all creditors and the debts owed , for details, please refer to the bankruptcy section of the Legal Knowledge Edition.

Sub-letting

Although in commercial transactions, sub-letting of buildings often occurs, most lease contracts have express provisions that do not allow it. Tenants sublet the building, so before the tenant decides to sublet the building, it is best to read the terms of the contract clearly to avoid future litigation with the landlord.

Sub-rogation

Most commonly occurs in insurance cases. For example, in an ordinary traffic accident, if the car owner has purchased insurance, the insurance company will file a lawsuit or compensate the injured party on behalf of the car owner.

Tenant in common is one of the forms of property ownership. Different from the long life deed form of joint ownership, each person owns the property as an independent individual, and the property will not belong to the other party when one of the parties dies. So if a buyer is found, decentralization allows someone to buy out their portion of the property at any time.

Tomlin order Tomlin order

A type of settlement order. Mainly in civil litigation, the two parties reach a settlement agreement and attach the responsibilities to be performed by both parties in a schedule. However, this order only suspends the execution of the lawsuit. If one party fails to act in accordance with the order, the other party can apply to the court to resume the previous lawsuit.

Tracing

If the owner's object is stolen or defrauded by improper means, and the object is later sold, and the buyer also knows that the object was never obtained improperly The method of obtaining the property allows the owner to trace the object and recover the property obtained from the sale of the illegally taken object.

Training center

It is a place where young offenders aged 14-21 are detained. The punishments received by young offenders in training centers are generally lighter than those in labor centers. , the training center mainly provides vocational training to juveniles. Depending on individual circumstances, the detention period ranges from approximately 18 months to three years.

Trespass

Trespassing into someone else's place without any permission is an act of trespass. If used on an individual, it can refer to the act of illegally confining or beating others.

Trust

In today's business society, many people will set up a trust fund to manage personal property. But on the other hand, legally, this trust can have many meanings. For example, in terms of property ownership, the name on the land registry can be a person, but in fact this person is just a trust unit in the name of one or more people. Own property. In this case, the owner will usually ask the trustee to sign a document evidencing the fiduciary arrangement.

Unascertained goods

In a goods sale transaction, the buyer requires the seller to provide, for example, ten pieces of goods, but these ten pieces of goods are exactly the same as those of other sellers. The seller did not separate these ten goods from other objects in response to the buyer's request, so these ten goods can be said to be unidentified goods. The function of this term is that if unfortunately the goods are destroyed by fire while in the seller's warehouse, since the goods have not been identified as the buyer's goods, any losses will be borne by the seller.

Undertaking

It is a voluntary commitment that can be used in many aspects in law. For example, a building sale is about to be completed, but the seller still owes several deeds and has not been able to catch up. It is handed over to the buyer's lawyer before the transaction. Usually the seller's lawyer will give the buyer's lawyer an undertaking and will send the deed a certain time after the transaction is completed. In addition, in divorce proceedings, if the parent who has custody wants to take the child to study abroad, in addition to getting the other party's permission, the court will also require the parent to make an undertaking and promise to take the child with him if necessary. Return to Hong Kong.

Undue influence

It is a behavior that prevents or hinders an individual from thinking independently and making decisions. It is most commonly used in the relationship between husband and wife. Undue pressure to borrow large amounts of money from banks and ultimately unable to repay.

Unsecured

In bankruptcy administration, creditors can be divided into secured and unsecured creditors. Secured ones obviously have something to pledge to the creditor, such as a building mortgage. It falls into this category. Unsecured debts are other debts, such as credit card debts, etc. In any case, secured debts are definitely more secure than unsecured debts.

Vacant possession property

In a building sale transaction, unless the property is sold with a lease, the contract must stipulate that the property must be handed over to the buyer. If the transaction date is , found that the building was still occupied, and the seller broke the contract because he did not hand over the property.

Verdict

Refers to the final decision made by the judge on the case. If there is a jury, the verdict will be made by the jury.

Vicarious liability Liability for his actions

If an employee commits a legal liability while working for his employer, his employer will also be responsible for the incident. For example, if the employee is employed by When working in a garage, he needed to park his car, but unfortunately the employee crashed the car, and the employer was also responsible.

Void The law is invalid

For example, if both parties sign a contract to buy and sell a piece of goods, but in fact the goods do not exist at all, then the contract can be said to be void. contract.

Voir dire independent hearing

It is mainly used in criminal cases to hear whether the defendant's confession to law enforcement officers is credible and voluntary.

Voluntary disposition Disposal of property for free

In a bankruptcy case, if the debtor discovers that the bankrupt deliberately transferred the property to others for free before bankruptcy to avoid bankruptcy liability, the debtor may request that the property be transferred to others for free. The transferred property is handled together with other bankruptcy property.

Ward of court Protection by the court

If the court finds that minors need court protection due to their physical disabilities, the court will order the care of these people or arrange for the social welfare department to take care of them. or other guardians to take care of them.

Warranty

In the terms of the contract, there is often a warranty clause, whereby the seller guarantees the quality of the goods to the buyer. However, in many cases, the seller also clearly states that he will not provide any merciful guarantee for the goods sold, so when signing the contract, you must read these terms carefully.

Will Will

Living people pre-sign a document commonly known as the so-called peace paper for their financial and various arrangements after their death. Please refer to the Legal Knowledge Edition for details.

Wounding

Criminal cases are divided into injuries 17, 19, 30 and 40 based on the circumstances of the injuries and the intention of the injuries, and the smallest number of injuries The crime is the most serious crime.

Writ of fieri facias

Many times it is applied for together with the writ of retrieval of the property. The main reason is that when the bailiff recovers the property, he will also collect the property in the property. Objects are seized and, if necessary, auctioned to repay debts owed.

Writ of possession

This writ is mainly used to retrieve a rented property. After the building is rented, if the tenant owes rent and the owner wants to take back the property, he cannot just open the door and enter the house to take back the property. He must go through court procedures to take back the property. Of course, if the tenant is willing to sign a surrender letter automatically, this step can be omitted and the cost can be saved.