Assignment 1 -
You are a senior counsel practicing in Hong Kong and your expertise is constitutional law. The government recently decided to publish a booklet in explaining the reasons and legal basis regarding the NPC's interpretation on the Basic Law. The Secretary of Justice instructed you to prepare this booklet. According to the instruction, you need to explain the legal basis of the NPC's interpretation and its mechanism by referring to the relevant statues, and to illustrate your explanation by quoting at least one example. You should also analyse the impact of the NPC's interpretation on our legal system and try to address the concern on the allegation that it has been jeopardizing the rule of law in Hong Kong. Last but not least, you should focus your discussion entirely from the legal perspective and not to allow your own political ideology to effect your objectiveness.
Assignment 2 -
Scenario 1 - Eddie is a seller of European furniture. Patrick is the owner of a four stars hotel in Hong Kong. Patrick wants to expand the business in his hotel. As a result, Patrick entered into a contract with Eddie, where he promised to buy 1000 sofas from him at a total sum of HK$ 2 million. Patrick originally expected that he would have enough cash to settle the payment but owing to the recent downturn in the economy his business has been seriously affected. Patrick realized that he was not able to settle the payment, so he proposed to Eddie that they conclude a new contract where the payment would be reduced to HK$ 1 million. Patrick told Eddie that he would have to apply for bankruptcy if the new contract could not be concluded. At this price Eddie would make no profit whatsoever but he believed that he had no choice but to accept the new contract. Later Eddie had second thoughts about the whole deal and believed that he was just being forced into a discount. He now wants to cancel the new contract.
Scenario 2 - Henry recently engaged a design team led by Christine to renovate his house. He and Christine entered into a contract where Christine promised that the work would be finished within six months at a total cost of HK$ 2 million. However, as the work progressed, Christine suddenly ordered her team to stop working and then she locked up the house and left the site. Christine told Henry that unless he was willing to enter into a new contract and increase the fee to HK$ 3 million, otherwise her team would stop the work altogether and keep the site of the house locked indefinitely. Henry believed that he had no choice so he agreed to this new contract unwillingly. He now wants to know whether this new contract can be cancelled.
Advise Eddie and Henry separately on their respective legal positions in the above two scenarios. You should explain the relevant legal principles and apply those principles to the case stating authority in support where appropriate.
Note - Two assignments - 1-800 words and 2-800 words, Total 1600 words.