律政司司长有冇全力参与法庭的判决?

2018-09-23 5:27 pm

回答 (4)

2018-09-23 6:49 pm
律政司是行政機關
司长既不是法官也不是檢察官
沒有權力参与法庭的判决
2018-09-25 10:27 am
律政司負責檢控,法庭負責審理案件,兩者並無從屬關係,兩者各具職能;香港奉行普通法制,基本原則為權力分立,互相制衡。
2018-09-24 4:00 am
The answer is yes.

Due to historical issues, HKSAR Government is driven as executive dominance. Even having 3 branches of governments, the executive branch has the most authorities over the rest of the 2. Because of that, law in Hong Kong is not drafted by the Legislative Council, but HKSAR Government.

Whenever a court of law interpret a statute, its original intent is read to help the court in determining that. As the chief legal officer of the HKSAR Government, the Secretary of Justice is responsible all legal decisions related to HKSAR Government, with the consultation of the Chief Executive.

On that basis, whenever a court in Hong Kong has some issues with the interpretation of the law, the Secretary of Justice will be invited to express its opinion. The court then will take consideration of such opinion.

Note - it is not necessary for the court to abide/follow such opinion.
2018-09-23 8:11 pm
香港的法律敵不過黨意

共產黨說的算

收錄日期: 2021-04-11 22:08:58
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