Question
(a) Sally runs an antique store in Causeway Bay. One night, after closing of the store, she brought all the cash received during the day
(a) Sally runs an antique store in Causeway Bay. One night, after closing of the store, she brought all the cash received during the day to deposit into the bank. In a lane not far from her store, a man in black jacket suddenly rushed past Sally, pulled on her handbag to wrench it from her hands. Losing her bag, Sally immediately chased after the man. In desperate attempt to escape, the man kicked Sally vigorously. Sally fell on the ground and was seriously injured. Fortunately, the man was soon captured by some pedestrians passing by and sent to the police station.
Required:
(i) If the man in black jacket is formally charged for robbery, explain whether the case involves civil or criminal law. Discuss the characteristics of this kind of law. (7 marks)
(ii) If Sally wants to claim damages against the robber for her medical expenses amount to HK$100,000, explain whether the case involves civil or criminal law. Which court or tribunal will hear Sally's case? Explain this court or tribunal's specific jurisdiction relevant to the case. (5 marks)
(b) Under the common law system in Hong Kong, when a magistrate sitting in the Magistrates' Court decides a case, he finds that there is a similar case previously decided by the Court of Appeal, is he bound to follow that case to arrive at the decision? Explain. (4 marks)
(c) Explain the "Mischief Rule" for interpretation of legislation under the common law practice. Please cite a relevant case of the mischief rule. (4 marks)
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