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Judicial Review of the Hong Kong courts

, You can return the law, but not amend it. Returned immediately by the failure of the law. Thus, the failure of the Ordinance the powers of the NPC Standing Committee. Legislative mechanism is made by the HKSAR Legislative Council amendment and repeal. Hong Kong SAR Legislative Council is the legislature of the HKSAR. Article 73 of the HKSAR Legislative Council is one of the exercise of powers given Pina, amend and repeal laws. Thus, the right to amend the Ordinance and the Special Administrative Region Youth Forum bare eyelid waste carboxylase hoe Cast Bo Qiang Zhou Yuhua Abstract: In this paper, insurance law duty of disclosure on the elaborate, well from abroad compared with the relevant laws and regulations,[link widoczny dla zalogowanych], while put forward legislative proposals Keywords: Insurance hit the obligations of Article 16 of Insurance Act, paragraph 1: inquire about the situation, the insured shall tell the truth. Following on this provision in the judicial practice of some controversial issues. A violation of this obligation constitutes the objective element 1, the obligations of people. Obligation to inform people of the main principles for the insured, as to whether the insured has the same obligation which does not expressly provide. I believe that: this obligation shall also apply to the insured should be no doubt, China's insurance law on the establishment and control of risk provisions,[link widoczny dla zalogowanych], such as Article 21, paragraph 1, of the insurance after the accident notification, information provision obligation, 36 Notice of increased risk of Article obligations,[link widoczny dla zalogowanych], the principal obligation has been insured, shall be guilty of similar obligations to truthfully inform the insured of course, in accordance with the principle of good faith will be aware of the obligation to inform the insurer of matters. Therefore, the duty of disclosure unless the parties, the subject matter insured as the insured or the subject of all of the most dangerous condition for the understanding of the subject, but also incurs the obligation of disclosure. 2, the relative obligation to inform the people. The relative obligation to inform the person insured or his agent (salesman, doctor, etc.). In the life or health insurance, the insurer shall specify the medical doctor to check the physical condition of the insured risk estimates as a reference. Medical doctor's examination can reduce or remove the information about the relative physical obligation to inform the project, China's insurance law does not have provisions. To balance the rights and obligations of the parties, I hold a positive view on this. The reason is that when the medical examiner shall be the agent of the insurer, the insured or the insured is a violation of the obligations determined by the examining physicians. If the policyholder or the insured has fulfilled this obligation, even if there are other ordinary people easily detectable disease and serious hidden risk estimates affect the insurer, the insured may not claim the contract. Conversely, if the insurer medical examination specified physical condition of the insured, although the risk estimates may therefore increase the accuracy, but also weaken the insured or the insurer's obligation to truthfully inform, this is because insurers know or should know that matters , because agent (check the doctor) and expanded intervention too. Therefore, any medical doctor can find the disease, that is,[link widoczny dla zalogowanych], knowledge of the insurer; even medical doctors for their lack of knowledge and experience not found, or because of deliberate ex is the Legislative Council. Can be seen, according to . The author believes that the The main duties of courts of the HKSAR should be applied by the Hong Kong legislature by the Chief Executive signed into law, the legislature is not directly ruled As the Court granted the NPC Standing Committee enjoyed autonomy within the provisions of the Basic Law to interpret the law as it considers incompatible with the Hong Kong Special Administrative Region Basic Law, it should not play a role, and what role to play? In our view, the Hong Kong Special Administrative courts in adjudicating cases, by the terms of the autonomy of the Basic Law interpretation, identified the applicability of laws of Hong Kong. The judicial interpretation of the provisions of the law is interpreted is not the abolition takes effect, but it can cause the Chief Executive, the Legislative Council and even the attention of the NPC Standing Committee, according to legal procedures led to the law amended or repealed accordingly. 【Renmin University of China Institute postdoctoral】 ① Dongli Kun Fu: 'Theory and Practice of Law in Hong Kong) Publishing House in 1999 belly. First, such as 8. ② [English] Ps Ke Diya: 'Law and modern society sets' Ⅱ educational publishing Ning Du, 1998, p. 105.
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