Court Of Final Appeal : A Solicitor V Law Society Of Hong Kong

2316 Words Dec 7th, 2014 10 Pages
Introduction
In Li CJ’s judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the “rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. The great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions.” In this essay, this statement would be discussed with reference to the role of the courts and their relationship to the legislature.

Discussion

Under the Basic Law, the role of courts include to adjudicate cases in accordance to the law, as well as to interpret laws when necessary. In the case of A Solicitor v Law Society of Hong Kong, the deciding court was the Court of Final Appeal (CFA), a newly established highest court under the new constitutional order of 1997. This case was considered a landmark case as the CFA decided to depart from a recent Privy Council decision and went out on setting a new doctrine of binding precedent under the new constitutional order of Hong Kong.

In the statement, it is mentioned that the great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions. A case to illustrate this point would be W v Registrar of Marriages [2013] HKCFA 39 (CFA).

In W v Registrar of Marriages, there was a dispute on whether English…
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