PRC Legal Qualification (HK) key terms

The principle that all state power, public officials, and citizens act under law, with the Party leading legislation, enforcement, and supervision through constitutional and statutory channels.

The five-part framework of laws, implementation, supervision, supporting institutions, and Party regulations that together structure socialist rule of law in China.

The rule that the Constitution holds the highest legal force, that no law or act may contradict it, and that all state organs must implement and uphold it.

The process by which designated organs examine whether laws, regulations, and normative documents conform to the Constitution before or after they take effect.

A supervisory mechanism requiring regulations and normative documents to be filed with a higher organ, which may then examine and correct provisions inconsistent with superior law.

The highest organ of state power, exercising legislative authority, electing senior state officials, and amending the Constitution by a two-thirds majority of all deputies.

The permanent body of the National People's Congress, which interprets the Constitution and laws and enacts legislation when the full Congress is not in session.

Statutes on criminal, civil, and state-institutional matters enacted by the full National People's Congress, ranking below the Constitution but above administrative regulations.

The doctrine that certain matters, such as criminal offences, deprivation of liberty, and basic civil rights, may be regulated only by a statute enacted by the legislature.

The rule that administrative regulations, local regulations, and government rules must not conflict with statutes, and conflicting lower norms are invalid to that extent.

An authoritative clarification of statutory meaning issued by the legislature or its standing committee, binding on courts and administrative organs applying the provision.

Binding rules issued by the Supreme People's Court or Procuratorate explaining how statutes are to be applied in adjudication and prosecution practice.

Selected decisions published by the Supreme People's Court that lower courts should refer to when adjudicating similar facts and legal issues.

The common law doctrine requiring courts to follow earlier decisions of higher courts in the same hierarchy where facts and issues are materially similar.

Judge-made law developed through precedent rather than legislation, preserved in Hong Kong under the Basic Law except where inconsistent with it.

The constitutional document of the Hong Kong Special Administrative Region, prescribing its relationship with the Central Authorities and its high degree of autonomy.

The constitutional arrangement under which Hong Kong retains its own legal and economic systems while remaining an inalienable part of the People's Republic of China.

Hong Kong's authority under the Basic Law to administer its own affairs, including independent judicial power and final adjudication, except on matters reserved to the Central Authorities.

An expression of intent by a person intended to create, modify, or extinguish civil rights and obligations, valid only if capacity, intent, and legality requirements are met.

The outward manifestation of an internal intention to produce legal effects, which may be express, implied, or inferred from silence in prescribed circumstances.

A rule allowing a buyer who pays a reasonable price and acts in good faith to obtain ownership from a seller who lacked the right to transfer it.

Rights to control a specific thing directly and exclude others, including ownership, usufruct, security interests, and possession, established by statute.

An agreement that lacks legal effect from the outset because it violates mandatory law, public order, or good morals, or involves fraud harming state interests.

A contract whose validity may be challenged by the aggrieved party on grounds such as fraud, duress, gross misunderstanding, or unconscionability, within prescribed time limits.

The principle that no act is criminal and no punishment imposed except under a law in force at the time of the act, which also bars analogous conviction.

The four-part test of object, objective conduct, subject, and subjective fault that must all be satisfied before an act constitutes a criminal offence.

Conduct resisting an ongoing unlawful infringement to protect state, public, or personal rights, which is not criminal where it does not clearly exceed necessary limits.

Conduct taken to avert an imminent danger to protected interests by harming another interest, excused where the harm caused is less than the harm avoided.

The rule applying the law in force when an offence was committed, but applying a later, lighter law if it is more favourable to the defendant.

The rule barring a second-instance court from imposing a heavier penalty on appeal where only the defendant or a defender has appealed.

The principle that a judgment becomes legally effective after review by the second-instance court, subject only to retrial supervision.

The retrial mechanism allowing a higher court or procuratorate to reopen a legally effective judgment that contains error in facts, law, or procedure.

The obligation of a party to produce evidence sufficient to establish a fact in issue, with adverse consequences if the fact remains unproven.

The degree of certainty evidence must reach to establish a fact, such as high probability in civil cases and beyond reasonable doubt in criminal cases.

The rule excluding confessions obtained by torture or violence, and other evidence gathered in serious violation of procedure that may affect fair adjudication.

The legal qualification of material to be used as proof, determined by relevance, lawfulness of collection, and the absence of a statutory exclusionary rule.

A unilateral decision by an administrative organ exercising public authority that creates, alters, or extinguishes rights and obligations of a specific person or group.

A sanction imposed by an administrative organ for a breach of administrative law, such as a fine, licence revocation, or detention, subject to hearing rights.

The requirement that administrative measures be suitable, necessary, and proportionate to the public interest pursued, so that rights are restricted no more than needed.

The procedural safeguards owed before an adverse decision, including notice, access to the case file, an opportunity to be heard, and reasons for the ruling.

An internal review in which a higher administrative organ re-examines a challenged act for legality and appropriateness, as a precondition to or alternative for litigation.

Court proceedings in which a citizen or organisation challenges the legality of an administrative act, with the burden on the agency to prove legality.

The statute governing incorporation, capital, governance, shareholder rights, directors' duties, and liquidation of limited liability and joint stock companies.

The doctrine holding shareholders personally liable where they abuse corporate personality to evade debts or seriously harm creditor interests.

The principle that shareholders are liable for company debts only up to their subscribed capital contributions, absent abuse of the corporate form.

The rule that a foreign state and its property are generally immune from the jurisdiction and enforcement of domestic courts, subject to statutory exceptions.

The fundamental treaty rule that agreements in force bind the parties and must be performed in good faith, subject to limited grounds of invalidity.

Peremptory norms of general international law, such as prohibitions on aggression and torture, from which no derogation is permitted by treaty or practice.

The formal acknowledgement by existing states that a new entity possesses statehood, affecting diplomatic relations and the capacity to litigate abroad.

A private international law provision identifying which country's law governs a legal relationship containing a foreign element, such as contract or succession.

A mechanism allowing a court to refuse application of foreign law where the result would violate fundamental public policy of the forum.

A choice-of-law approach applying the law of the jurisdiction with which the relationship has the most significant connection, used when fixed rules are inadequate.

A treaty governing formation and remedies for international sales of goods between parties in contracting states, excluding consumer and certain other sales.

Standard trade terms published by the International Chamber of Commerce allocating costs, risk, and delivery obligations between buyer and seller in cross-border sales.