Ask Question, Ask an Expert

+1-415-315-9853

info@mywordsolution.com

Ask Management Theories Expert

problem 1:

Read Fateh Muhammad v Commissioner of Registration [2001] 2 HKLRD 659 which can be found in the westlaw HK website of our library database in which there is a summary of what the court said (as for how to find court cases from the websites).

Article 24(4) of the Basic Law defines the permanent residents of the Hong Kong SAR to include ‘Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region.’

In this case, the Court of Final Appeal held that generally being in prison due to conviction for a crime did not constitute ordinary residence within article 24(4) of the Basic Law. In addition, the seven continuous year had to be ‘immediately before’ the application for permanent residence.     

Answer, in your own words, the following problems:

A) describe how the Court of Final Appeal arrived at the above conclusion.

B) The Court of Final Appeal mentioned, at pp.665-666, that a purposive approach had to be adopted in understanding article 24(4) of the Basic Law. What does it mean by the purposive approach of interpretation of a constitutional document?  Read Ng Ka Ling v Director of Immigration (No 2) [1999] 1 HKLRD 315 (pp.339-340 only) in answering this problem.

C) The Court of Final Appeal mentioned, at p.663, a de minimis principle in counting the period of ordinary residence. What does it mean by the de minimis principle?  Read Prem Singh v Director of Immigration [2003] 1 HKLRD 550 (paras.67-76 only) in answering this problem.

Ng Ka Ling v Director of Immigration (No 2) [1999] 1 HKLRD 315 and Prem Singh v Director of Immigration [2003] 1 HKLRD 550 can also be found in the westlaw HK website of our library database.

problem 2:

Part A:

On 3 January, Eric sent a fax message to George, which stated, ‘Would you buy my book (title stated) at $100?  prepare a letter to tell me your decision by 10th January.’ On 10th January, George wrote a letter to Eric saying that he (George) would buy the book. In fact, on 9 January, Eric sent a letter telling George that all his three copies had been sold. Eric received George’s letter on 12th January, but refused to sell the book to George. 

On 4 January Eric sent a fax message to James, which stated, ‘My book (title stated) is now for sale at $100. It is very useful for passing the CPA examination. You must not ignore my message! prepare a letter to me by 10th January or the sale price will rise from $100 to $120 after 11 January.’ Eric has three copies of the same book.

On 10th January, James left a phone message for Eric saying that he (James) would buy the book. Eric heard this message on the same day. He immediately left a phone message for James saying, ‘you will be delivered the book in due course’. James noticed the phone message but he did not listen to it until 12th January. On 11th January, Eric informed James that the price of the book would be increased from $100 to $120. When James raised his objection to the increase of price, Eric told James that he (Eric) would not sell the book to James any more.

Discuss whether George and James can sue Eric for breach of contract. In your discussion, please state any additional information you need to know to answer the problem.

Part B:

Wilburn and David are brothers. They are both lawyers and they work in the same law firm. On one occasion, David gave legal advice to a client on behalf of Wilburn (the boss of the law firm instructed Wilburn to give legal advice to the client) as David knew that Wilburn was very busy in his work (the legal advice was given correctly). When Wilburn knew about this later, he happily promised to give a law book (title mentioned) to David.  Wilburn never gave David the law book, however.

Joanne is a professional badminton player and she has to participate in the coming Olympics games for Hong Kong as well as for her employer. She is paid a fixed salary per month by her employer. Before she was about to participate in the Olympics games, her employer informed her that she could get an award of $50,000 if she could enter the finals of the badminton competition. Joanne later entered the finals of the badminton competition but she was never paid the $50,000.

Discuss whether David can claim the law book from Wilburn and whether Joanne can claim the $50,000 from her employer.

Management Theories, Management Studies

  • Category:- Management Theories
  • Reference No.:- M91264

Have any Question? 


Related Questions in Management Theories

Written report - individual assessmentpurpose this

Written Report - individual assessment Purpose: This assessment is designed to reinforce the subject content and develop students' skills and application of knowledge of the subject content to business situations. This a ...

Imagine your manager has requested that everyone in the

Imagine your manager has requested that everyone in the company take the StrengthsFinder test. Now, your manager has asked you to put together a training tool on how to best coach and develop employees in the decision ma ...

Assignment - conduct an interviewthis assignment has been

Assignment - Conduct an Interview This Assignment has been designed to allow you to demonstrate your communication, facilitation, negotiation, analytical and evaluation skills to complete client assessment. You are requi ...

Topic 1 origins of management practices1explain what is

TOPIC 1: ORIGINS OF MANAGEMENT PRACTICES 1. Explain what is meant by ‘management'. In your answer discuss how the definitions or ‘management' have changed over time. 2. Explain the differences between effectiveness and e ...

Innovation and it in supply chainsinstructions on

Innovation and IT in supply chains Instructions on Assessment: The assessment for this module is comprised of two parts. You MUST complete both parts. Part 1: The first part is a group presentation, which accounts for 25 ...

Final project -you have been asked to present your proposed

Final Project - You have been asked to present your proposed health care facility to the board of directors. Based on your previous assignments, you are to put together a PowerPoint presentation of 15-20 slides with 300- ...

Identity the supply chain process of anti retro virus drugs

Identity the supply chain process of anti retro virus drugs by NACO of GOVT OF INDIA With its comparable to planning framework and enables with four different head 1.demand management 2.supply management 3. enablers 4. i ...

What is cobit who is its sponsor what does it accomplish

What is COBIT? Who is its sponsor? What does it accomplish? What are the two primary advantages of NIST security models? What is the common name for NIST SP 800-12? What is the document's purpose? What resources does it ...

Question 1 what are the seven major elements of a customer

Question 1: What are the seven major elements of a customer vignette? Question 2: How do you make sure that image files are the right size for your Dreamweaver web page templates, and what file format do they need to be ...

Explain the 4 stage model of supply chain integration and

Explain the 4 stage model of supply chain integration and how it would apply to a business trying to enter a global market.

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

WalMart Identification of theory and critical discussion

Drawing on the prescribed text and/or relevant academic literature, produce a paper which discusses the nature of group

Section onea in an atwood machine suppose two objects of

SECTION ONE (a) In an Atwood Machine, suppose two objects of unequal mass are hung vertically over a frictionless

Part 1you work in hr for a company that operates a factory

Part 1: You work in HR for a company that operates a factory manufacturing fiberglass. There are several hundred empl

Details on advanced accounting paperthis paper is intended

DETAILS ON ADVANCED ACCOUNTING PAPER This paper is intended for students to apply the theoretical knowledge around ac

Create a provider database and related reports and queries

Create a provider database and related reports and queries to capture contact information for potential PC component pro