Its emblem, the bauhinia flower, is a traditional emblem of hong kong. Flag of hong kong chinese provincial flag britannica. Hong kong hk maritime administration has delegated authority to issue hk bunker convention certificates to the china classification society and the korean registry of shipping in accordance with article 7 3 of the convention. Anthem law wont cover all scenarios, hong kong justice. The hong kong institute of chartered secretaries, hong kong corporate law study pack 2. The basic law of the hong kong special administrative region of the peoples republic of china, adopted by the national peoples congress on april 4, 1990, 29 ll. Hong kong is a vibrant, densely populated urban center with a skyscraperstudded skyline and is a major regional free trade port and a global financial hub. The flag of colonial hong kong underwent several changes from then until 1997. White field with a m and a w placed below the m and skewed to the fly.
Certainly, it is only a matter of time before these developments reach hong kong s court of final appeal as a point of great general or public importance. Pcll conversion notes hong kong commercial law notes. Appointing a hong kong resident corporate secretary, as required by law. The design of the flag is enshrined in hong kongs basic law, the territorys. A white, fivepetal bauhinia blakeana on a red field. Hong kongs economic order and its legal buttresses are analysed in part 2, while the essays in part 3 trace the shifts in social values as reflected both in chinese and hong kong law. The report of the standing committee on company law reform on. It is formed by a peninsula and several islands located on the south coast of the south china sea, in the pearl river delta, 100 km southeast of the city of canton and east of the macao special administrative region.
Certainly, it is only a matter of time before these developments reach hong kongs court of final appeal as a point of great general or public importance. These national laws apply in hong kong by the hong kong legislature legislating on the same matter. Hong kongs national anthem law will not contain sufficient detail to cover all situations in which it might apply, the citys justice chief said on monday amid concern over whether it will be. The basic law also stated that the residents of hong kong and various organisations respect and cherish the regional flag. Separating company law from securities regulations conclusions 54 54 54 54 56 58 58 chapter 6 directors and officers nature of relationship between directors and shareholders. Unfortunately, it also imposes incompatible elements of the socialist civil law system upon hong kong s common law legal system and, consequently, poses a threat to the survival of hong kong s independent judiciary and legal system. Hong kong in mind, into annex iii of the basic law, meaning that hong kong is required to legislate a similar law for. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, hong kongs law and legal system seem adequately. Set up a company and bank account in hong kong flag theory. It is a serious offence to act as an intermediary in hong kong without the appropriate licence or registration. The articles of association shall supersede and replace the articles of association previously filed.
The basic law provides that apart from displaying the national flag and national emblem of the peoples republic of china, the hong kong. May 17, 2017 localist lawmaker cheng chungtai has pleaded not guilty to two counts of desecrating the chinese and hong kong flags after he was seen flipping them in protest during a legislative session last. These flags are great for desk tops, classrooms, rallies, parades, and other special events. Localist lawmaker cheng chungtai has pleaded not guilty to two counts of desecrating the chinese and hong kong flags after he was seen flipping. Enabling or regulatory law introduction the developing meaning of enabling the consultants report analysis of existing law the committees approach corporate or securities law introduction foci of company law and securities regulations functions of company law and securities regulations jurisdiction 21 21 21 21 24 27 27 28 28 29 29 31. When drafting an ndannn contract with a hong kong company. Public documents that bear the true signature of an official party.
A notary public sometimes referred to as simply a notary is an individual public officer authorized to witness signatures. The hong kong institute of chartered secretaries suggested. Hong kong corporate law requires all hong kong limited companies to appoint a secretary who is a hong kong resident. The regional flag of the hong kong special administrative region of the peoples republic of.
The law and procedure on this subject are very specialised and complicated. The hong kong institute of chartered secretaries hong kong corporate law june 2006 suggested answers section a 1. Hong kongs high court upheld laws that make the desecration of chinas flag a criminal act, and said the landmark ruling doesnt threaten other forms of political expression. Stock exchange of hong kong limited the hong kong stock exchange by the relevant departments of the peoples republic of china and the relevant regulatory authorities, are listed and traded on the hong kong stock exchange. In hong kong, only the high court can issue an apostille. Company act in hong kong open a company in hong kong. Our land law pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations.
As our client, you will benefit from the joint expertise of local lawyers and consultants for opening an offshore company in hong kong. The hong kong shipping register hong kong marine department. Get the best hong kong land law notes for the pcll conversion exams. Merchant shipping seafarers medical stores regulation cap. This article is just a very general outline for reference and cannot be relied upon as legal advice in any individual case. Download free pdf sample pcll conversion notes and model exams to help you pass your pcll conversion examinations. The design of the regional flag of the hong kong special. The proper flags to be flown on a hong kong registered ship are the national flag of the peoples republic of china directly above the regional flag of the hong.
Aug 17, 2017 since chinese civil law and hong kong common law come from an entirely different legal background and legal procedure, it is generally easy for a chinese court to find a public policy issue. Oct 28, 2017 the basic law is quite clear that only in matters concerning national security and foreign affairs does hong kong not have jurisdiction, giving beijing the right to intervene to prevent someone. Jul 01, 2003 hong kong s government say the territorys legislature is required to pass the bill under article 23 of the territorys postcolonial constitution, known as the basic law. Use of union flag 18431871 in 1843, a seal representing hong kong was instituted. The hong kong special administrative region of the peoples republic of china hong kong sar is a former british colony, located in southeast china. Its design was adopted on 4 april 1990 at the third session of the seventh national peoples congress. The law reform commission onestop portal of the hong kong. But note that not all documents are eligible to be apostilled. Please see hong kong elegislation for information of provisions and amendments not yet in operation. Hong kong s high court upheld laws that make the desecration of chinas flag a criminal act, and said the landmark ruling doesnt threaten other forms of political expression. The law of hong kong is based on the rule of law and the independence of the judiciary. The lifting of corporate veil doctrine in hong kong. The authorisation will come into force on 19 may 2010.
Prior to hong kongs transfer of sovereignty, the flag of hong kong was a colonial blue ensign flag. Paper 6 hong kong business law aim this paper aims at providing students with an awareness of the overall legal framework in which business in hong kong operates and at enabling them to apply the relevant legal rules and practices to business problems and practical situations. Getting your documents notarized, apostilled andor. The use and display of the regional flag is governed by the regional flag and regional emblem ordinance. The colonialera flag of hong kong, which combines the union flag symbol with a seal depiction representing hong kong, has been used, in the past few. The hong kong basic law stipulates that the flag is the official symbol and ensign of the hksar. Please set the page orientation to landscape for printing of bilingual texts on a single page.
Division 3amendment to legislation publication ordinance cap. On that same day, the constitutional document of the hksar, the basic law of hong. Since a courtfree amalgamation under the new co can only be effected among whollyowned intragroup companies, any deemed transfer of hong kong real estate and shares from the amalgamating companies to the amalgamated company is likely to qualify for stamp duty group relief under section 45 of the stamp duty ordinance. As hong kong is a member of hague apostille convention, notary public in hong kong are widely recognized worldwide. Special committee on personal injuries of the hong kong bar association and the consumer council. British council removes union flag poster from hong kong. If the contract itself doesnt contain a choice of law, then the court or the arbitration panel will try to figure out what laws the parties to the contract wanted. Since chinese civil law and hong kong common law come from an entirely different legal background and legal procedure, it is generally easy for a chinese court to find a public policy issue.
Since the recipient bodies hold the final decision of whether a declaration, certified true copy and power of attorney is accepted or not, you should strictly follow the requirement of the recipient body and seek help from help. A notary public sometimes referred to as simply a notary is an individual public officer authorized to witness signatures, administer oaths and conduct other similar actions. Hong kong corporate law the hong kong institute of. Jul 31, 2017 whatever set of laws that the parties to the contract agreed to. Hong kong is an autonomous territory, officially referred to as hong kong special administrative region of the peoples republic of china, located in east asia, on the chinese province of guangdong.
Application 14 part ii medicines and medical stores 4. Often, the chinese party will not appear in the hong kong action. This jurisdiction has one of the most liberal, competitive and laissezfaire economies worldwide. The report of the standing committee on company law. The letters are made of two blue chevrons whose top is fimbriated in white and blue. Today is the 18 th anniversary of the establishment of the hong kong special administrative region hksar. On that same day, the constitutional document of the hksar, the basic law of hong kong, went into effect.
Get the best commercial law notes for the pcll conversion exams. Stipulations for the display and use of the national flag and national emblem and the regional flag and regional emblem pdf. Localist lawmaker pleads not guilty to desecrating china. Whatever set of laws that the parties to the contract agreed to. Hong kongs highest court upholds flagprotection laws wsj. The audit of licensed corporations and associated entities of. The basic law is quite clear that only in matters concerning national security and foreign affairs does hong kong not have jurisdiction, giving beijing the right to intervene to prevent someone. The precise use of the flag is regulated by laws passed by the 58th executive meeting of the state council held. Joint declaration of the government of the united kingdom of great britain and northern ireland and the government of the peoples republic.
The majority of legal opinion in hong kong to date suggests that these common law developments are likely to find judicial approval locally. The colonial flags were replaced by the chinese national flag and a new standard for hong kong that had been designed in the mid1990s and which was later modified slightly. Hong kong local corporate secretary services usd 900. The quick guide of seeking notary public in hong kong. Since 1988 david ravenscroft has been offering hong kong notary services a variety of hong kong notarial services what is a notary public. Mandatory provisions 4 article 5 the company is a joint stock limited liability company with perpetual existence and is. Hong kong notary services hong kong lawyers and solicitors. To print the whole chapter in html, please click at the bottom of the toc panel and then click. Our commercial law pcll conversion notes are the leading online study resource for hong kong pcll conversion examinations.
Hong kongs government say the territorys legislature is required to pass the bill under article 23 of the territorys postcolonial constitution, known as the basic law. Strengthening the accountability of directors restricting the appointment of corporate directors by requiring every private company to have at least one natural person to act as director, to enhance transparency and accountability. This is an effective solution for protecting ip from china that accounts for the realities of chinese law and chinas court system. The report of the standing committee on company law reform on the recommendations of a consultancy report.
The design of the regional emblem of the hong kong. Hong kong incorporation, banking and residency flag theory. Instrument a401 national flag and national emblem ordinance. Nigel davis and melanie mitchell, hong kong listed companies.