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Hong Kong Legal System and Legal Method

May 22, 2023

Part A (1,500 words)(70 marks) Read Solicitor (24/07) v Law Society of Hong Kong (2008) 2 HKLRD 576 which can be found in the website of the judiciary of Hong Kong (www.judiciary.gov.hk). It is a landmark case on the DOCTRINE OF BINDING PRECEDENT in Hong Kong. By reference to that case, CRITICALLY DISCUSS and EXPLAIN:

a) the development of “the operation of the doctrine of stare decisis in Hong Kong BEFORE and AFTER 1997”; and

b) how the CURRENT RULE OF STARE DECISIS in relation to the Court of Appeal is different from the rule in Young v Bristol Aeroplane [1944] KB 718 ( the rule can be found in the judgment). In your answer, you should COMPARE and CONTRAST THE PAST AND CURRENT LEGAL POSITION. **There is NO NEED for you to find the judgment of Young v Bristol Aeroplane. You can find the answer from the judgment of Solicitor (24/07) v Law Society of Hong Kong (2008).** Part B (500 words)(30 marks) CRITICALLY discuss both the ADVANTAGES and DISADVANTAGES of the DOCTRINE OF PRECEDENT

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