Garnishee

Tertiary debts are the claims of the legal debtor, such as deposits in banks, rent from renting out buildings, etc. If the losing party fails to compensate the other party in accordance with the court's order, the winning party can issue a debit order against the losing party's tertiary debt and request to obtain the awarded compensation from the tertiary debt.

Guarantee

Guarantee (Guarantor) When someone fails to perform a specified behavior, such as not repaying a loan on time, he is responsible for compensating the guaranteed person for losses. Guarantees are generally made in writing and in the form of a contract, called Deed of Guarantee.

Hearing

Before the public trial of a case, the court hears the applications or statements of the parties involved in the proceedings. The hearing is usually held in chambers and is related to the case. Unrelated persons are not allowed to attend.

Hearsay evidence

Hearsay evidence is evidence that is not obtained by the witness from his or her personal experience, but is only obtained from other people's reports, or documents prepared by others, such as charge receipts, etc.

Implied term

Implied terms are not express terms in the contract, but are added to the contract due to factual requirements, legal provisions or relevant industry practices. terms. For example, in an employment contract, although it does not stipulate that employees must perform their duties faithfully and work diligently, these conditions are actually implicit in the contract and are regarded as valid terms.

Infringement

Rights infringement generally refers to the infringement of the civil rights of others, and is often used for the infringement of intellectual property rights. Example: Using a registered trade mark without its owner's permission is a serious infringement of the owner's proprietary right.

Injunction

An injunction is a court order prohibiting a certain act. The prohibited person must comply with the instructions of the order, such as not to approach someone, or to remove all illegal tyrants. Buildings, etc., ignoring the injunction is tantamount to contempt of court and can be punished with a fine or even imprisonment.

Instrument

Documents, documents that deal with legal matters and serve as evidence, such as transfer instruments (Instrument of Transfer) used when transferring shares.

Inter alia

In addition to other matters, this Latin word often appears in legal documents and correspondence, which means "list this item", that is, there are other matters.

Interim order

An interim order refers to a temporary order during the course of litigation, such as an interim maintenance order (Interim Maintenance Order) issued by the court in a divorce petition. After the case is heard, the court will make a permanent order to replace the temporary order.

Interlocutory

An order issued by the court during the course of the litigation, such as specifying that the two parties exchange a list of documents within 14 days, or approving one of the parties' application for an extension to send documents to the court for filing, etc. .

Intestacy

After an intestate death without leaving a will, the estate of the deceased must be distributed in accordance with gt; but before the estate is distributed, the eligible persons must be specified in the Ordinance , you should first apply to the Estate Regulatory Office of the High Court to become the deceased's estate administrator (Administrator), and then be responsible for distributing the deceased's estate.

Intra vivres

Acts that are authorized within the power must be carried out within the scope of the power to be considered legal. Matters that are not carried out without authorization are outside the power (ultra vivres).

Ipso facto

Facts dictate that things can be judged based solely on the effects produced by the behavior or facts themselves.

Issue

Issue, issue, issue, issue can be interpreted in many ways, for example: 1. Issue: This writ was issued more than one year. This summons was issued in 1 Issued more than years ago; 2. The issue of this action is the date of the contract. The issue of this action is the date of the contract. 3. Heirs: None of his issues will be benefited from his estate. No heirs will benefit from his inheritance.

Joint tenancy

Two joint tenants*** own a property together. They can own it in the form of joint tenancy or in the form of tenancy in common (Tenancy in Common) . Joint ownership of property is commonly known as a "longevity deed". The form of joint ownership means that both parties jointly own the entire property. When one of the parties dies, the remaining party will own the property alone.

Lapse

Loss of timeliness. During the negotiation process, after the time limit given for consideration has passed, the relevant proposals also lose their effectiveness. Example: This offer will be lapsed automatically after the time limit.

Leave

Permission The word Leave is generally interpreted as "leave", but in law it is used as the court's permission. For example: It is necessary to seek the Court's leave to file a document out of time. After the time limit has passed, the court must obtain permission before the document can be deposited.

Lien

Lien This is the right to withhold another person's property, usually as a guarantee for repayment, or in exchange for repayment.

Limitation period

Time limit civil claim cases generally have a specified time limit. After the time limit, special approval from the court must be obtained before the relevant claims or procedures can be carried out. . The general time limit for contract disputes is 6 years, but disputes involving contracts have a 12-year time limit. The time limit for employee work-related injury claims is two years from the date of the accident, while the time limit for other injury claims is three years.

Liquidated damages

In a fixed compensation civil action, the compensation claimed by the plaintiff is a specified amount. When the defendant receives the summons, if he pays the plaintiff the specified amount of compensation , the plaintiff no longer has any basis for claim, and the case is therefore concluded.

Listing

When the case has developed to the stage of trial, you can apply to the court to schedule the case for trial. The case can be scheduled in a fixed list or on a floating list. Scheduled in roster.

Maintenance

Support, alimony The act of one person providing financial assistance to another person is called maintenance. In family law, the living expenses provided to children and their spouses are called alimony.

Merits

Legal grounds The facts in a lawsuit give the plaintiff a legal basis for filing a complaint or serve as a ground for the defendant's defense.

Mesne profits

If the tenant fails to pay the rent on time, the landlord can cancel the relevant lease due to the tenant's breach of contract and recover the rent in arrears. If the tenant fails to pay the rent on time, the landlord can After canceling the lease, if the relevant building is still occupied, the owner can recover an amount equal to the rent as compensation for the tenant's illegal occupation of the building.

Misappropriation

Misappropriation is the act of taking another person's object or money without the owner's consent. If there is evidence that the misappropriator intends to permanently possess the object, the misappropriator's behavior It's theft.

Mitigation

Request a light sentence, reduce 1. The defendant in a criminal case asks the court to give him a light sentence for his crime. The court will consider whether the defendant has a criminal record, family background, and whether he is responsible for the crime. Show remorse for the crime, etc. and impose an appropriate sentence. 2. In a civil action for compensation, although the defendant is responsible for compensating the plaintiff's losses, the plaintiff is also responsible for minimizing the losses.

Natural child

Natural child generally refers to biological children, but they can be born in wedlock (legitimate) or out of wedlock (illegitimate).

Negligence

The words neglect and neglect are often used for professionals. They mainly refer to professionals who do not take appropriate actions based on their professional ethics and behavior, resulting in Their customers suffer as a result.

Next friend

Litigation Protector This protector appears mainly because the litigant is a minor or a patient and needs to be represented by this litigation protector.

Non est factum

This is not what I signed. Non est factum is often used as a defense for the defendant, claiming that the defendant did not sign the document, or that the defendant did not sign the document when he signed it. Know the contents of the file, so the English explanation of non est factum is it is not my deed.

Notice to quit

Notice to quit In the relationship between the landlord and the tenant, either party can send a notice to the other party as a notice to terminate the tenancy. However, according to the Landlord and Tenant (Consolidation) Ordinance, the notice sent by the landlord to the tenant must be subject to the time limit specified in the Ordinance. The tenant's notice to vacate cannot be used to terminate the tenancy agreement midway, unless both parties agree or there is a clause in the tenancy agreement.

Nullity of Marriage

There are certain legal restrictions on the invalidity of marriage to determine the invalidity of a marriage. This judgment can be due to the man's sexual impotence or the woman's lack of sexual intercourse since the marriage. Refusing to have sex with a man for a reason. If the court rules that the marriage is invalid, the marriage status of the parties is considered unmarried, not divorced.

Obiter dictum

The incidental opinions expressed by the judge when judging the case are some incidental opinions expressed by the judge when judging the case, which will not affect the final judgment of the case.

Official Receiver

Official Receiver is a government position. Specialized in handling bankruptcy or company liquidation matters. Its office is located on the 10th floor of Queensway Government Offices, Hong Kong.

Onus of proof

Burden of proof For details, see Burden of Proof.

Open Contract

The establishment of a contract with incomplete conditions has many components. In addition to the basic contract maker, contract term, contract model and responsibilities of both parties, etc., However, if the contract lacks information such as the time for execution by both parties, it can be called an incomplete contract. (For details on contract formation, please refer to the Legal Knowledge Edition).

Order of discharge

According to current laws, if an individual is declared bankrupt by the court, he needs to face various post-bankruptcy restrictions, including not being a director of a company, not Involving company management, not being able to borrow money from others without disclosing your bankrupt status, etc. If the court approves the issuance of a discharge order after bankruptcy, the individual can become free.

Ordinary resolution

Ordinary resolution refers to a resolution approved by more than half of the voters at a general company meeting. Such a resolution is different from extraordinary resolution (extraordinary resolution) and special resolution.

Overruling

* refers to the decision of a higher court to a lower court. This can be the decision of the Court of Appeal to the Court of First Instance, or the final court's decision to the Court of Appeal. of*.

Pardon

Pardon means that the prisoner's conviction or sentence is revoked through pardon. Once the prisoner is pardoned, he cannot be convicted again for the same case.

Partial intestacy

Partial intestacy means that the deceased’s will does not fully include all of the deceased’s estate. For example, the deceased only mentioned the disposal of property and cash (including bank deposits) in the will. In fact, the deceased also had stocks and other jewelry that were not mentioned in the will. Therefore, these unmentioned inheritances need to be inherited according to intestacy. Legal treatment.

Personal service

Personal service: The service person personally delivers the court or law firm documents to the recipient. In some cases, the court or the law may require a special method of service. Personal service is one of them, and the other may be registered mail or advertising.

Petition

Legally, a Petition can be a request for divorce or bankruptcy, and is brought in the form of a petition.

Physical possession

Physical possession is different from other possessions, because if the object is in a person's physical possession, it means that the person actually possesses the object. However, physical possession does not equal ownership of the object. For example, if a buyer places an order with a seller, the seller has specially separated the object from other goods, and the buyer has paid all the money, then although the seller still physically owns the object, he is not the owner of the object.

Plaintiff

Plaintiff Usually in the course of litigation, the party that issues a ticket to the defendant is the plaintiff. The plaintiff can be an individual or a corporation, or it can be the government.

Possessory title

Land possession. This land possession is not supported by any deed, mainly because the occupier has occupied the property for a long time without anyone raising objections. If so, the possessor can register the land and become the registered owner of the land.

Power of Attorney

A power of attorney is formed as a contract and delegates certain personal powers to another person. It is most commonly used in property management. For example, if the owner has immigrated to a foreign country and the owner has appointed a trustworthy person to manage his property in Hong Kong, he can also request the trustee to rent or sell the property for him through a power of attorney. .

Pre-emption

Buy first Pre-emption most often appears in the equity transactions of a limited company, because it is often stipulated in the company's articles of association that if the company's shareholders want to To sell the company's shares, you must first buy them to existing shareholders. This situation mainly prevents outsiders from intervening in the company's business.

Premium

Land premium Land premium is widely used in land transfers in the New Territories in Hong Kong or in the Home Ownership Scheme of the Housing Department. If the seller wants to sell these properties, he must first pay the land premium for the property, and then he can sell the property after receiving the land premium certificate. The current transaction situation can also allow the seller to pay the land premium only after receiving the buyer's payment.

Presumption of death

According to Hong Kong law, if a spouse has been missing for seven years or more, the surviving spouse can apply to the court to presume that the missing spouse is dead. If a court order is issued, the surviving spouse can settle the estate of the missing spouse.

Prohibition Order

Injunction orders are commonly issued by creditors against debtors. The creditor must satisfy the court that the debtor intends to evade legal liability and will flee Hong Kong, so it issues an injunction. The order prohibits the debtor from leaving the country.

Quantum

The amount of compensation. In civil litigation, especially some personal injury compensation cases, many times, the defendant will accept responsibility, but as for how much responsibility he must bear, a compensation amount must be determined. The amount is the question of Quantum.

Question of fact

Questions of fact are based entirely on facts and have nothing to do with law and must be decided by the court. For example, in the case of rape, the victim pointed out that the defendant had sex, and the defendant pointed out that the sexual intercourse was with the victim's consent. Therefore, the factual issue in this case is that sexual intercourse occurred, but whether there was sexual intercourse involves legal issues.

Question of Law

Legal question If the decision is based on a question of fact, it will be difficult to deduce the decision of the lower court from the appellate court unless there are very special circumstances. But legal issues are different. Litigants can generally appeal on legal issues.

Quilt enjoyment

The right to quiet enjoyment generally appears in the lease. Even if there is no explicit clause in the lease stipulating that the landlord should provide an environment for quiet enjoyment, this right will Can be used as an implied term for general tenancy tenants.