DOCSLIB.ORG

Laws of Brunei Chapter 7 Criminal Procedure Code

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Laws of Brunei Chapter 7 Criminal Procedure Code LAWS OF BRUNEI CHAPTER 7 CRIMINAL PROCEDURE CODE Enactment No. 16 of 1951 Chapter 7 of 1951 Amended by Enactment No. 7 of 1953 Enactment No. 8 of 1953 Enactment No. 1 of 1955 Enactment No. 2 of 1957 Enactment No. 1 of 1958 S 5/1959 S 3 of 1966 S 99/1959 S 140/1981 S 100/1959 E 11 of 1982 E 2 of 1960 E 16/1982 1984 Edition, Chapter 7 Amended by S 39/1984 S 27/1988 S 44/1999 S 7/1985 S 48/1989 S 16/1995 GN 68/1985 S 51/1989 S 30/1999 S 37/1987 S 23/1991 S 4/1988 S 13/1993 2001 Edition, Chapter 7 Amended by S 63/2002 S 6/2006 S 25/2014 GN 273/2002 S 9/2006 S 51/2014 S 62/2004 S 4/2007 S 6/2016 S 32/2005 S 26/2012 REVISED EDITION 2016 B.L.R.O. 1/2016 LAWS OF BRUNEI Criminal Procedure Code CAP. 7 1 LAWS OF BRUNEI REVISED EDITION 2016 CHAPTER 7 CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY Chapter I 1. Citation and application 2. Interpretation 3. Trial of offences under Penal Code and against other written laws 4. Saving of powers of Supreme Court PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS Chapter II Criminal Courts generally 5. Classes of criminal Courts 6. Court to be open 6A. Section 6 read subject to other Acts B.L.R.O. 1/2016 LAWS OF BRUNEI 2 CAP. 7 Criminal Procedure Code 7. Jurisdiction 8. Powers of Courts 9. Offences under other written laws 10. Sentences which High Court may pass 11. Sentences which Courts of Magistrates may pass 12. Power of Magistrates to sentence to imprisonment in default of fine 13. Sentence in case of conviction of several offences at one trial 13A. Outstanding offences 14. Criminal jurisdiction of Magistrates 14A. Reformative training PART III GENERAL PROVISIONS Chapter III Aid and information to Magistrates and police and persons making arrests 15. Public when to assist Magistrates and police 16. Aid to persons other than police officer executing warrant 17. Public to give information of certain matters 18. Police officer bound to report certain matters Chapter IV Arrest, escape and re-taking 19. Arrest, how made 20. Search of place entered by persons sought to be arrested 21. Search of persons in place searched under warrant 22. Power to break open any place for purposes of liberation LAWS OF BRUNEI Criminal Procedure Code CAP. 7 3 23. Mode of searching women 24. Search of persons arrested 25. No section 26. Power to seize offensive weapons 27. Search of person for name and address 28. When police officer may arrest without warrant 29. Refusal to give name and residence or naming residence outside Brunei Darussalam 30. Person arrested by District Officer, how dealt with 31. Pursuit of offenders 32. Arrest by private persons 33. How person arrested is to be dealt with 34. Release of person arrested 35. Offence committed in Magistrate’s presence 36. Arrest by or in presence of Magistrate 37. Power on escape to pursue and re-take 38. Provisions of sections 20 and 22 to apply to arrests under section 37 Chapter V Processes to compel appearance Summons 39. Form of summons; by whom served 40. Service of summons 41. Procedure when personal service cannot be effected 42. Proof of service B.L.R.O. 1/2016 LAWS OF BRUNEI 4 CAP. 7 Criminal Procedure Code Warrant of arrest 43. Form of warrant of arrest 44. Court may by indorsement on warrant direct security to be taken 45. Warrants, to whom directed 46. Notification of substance of warrant 47. Person arrested to be brought before Court without delay 48. No section Proclamation and attachment 49. Proclamation for person absconding 50. Attachment of property of person proclaimed 51. Restoration of attached property Other rules regarding summonses to appear and warrants of arrest 52. Issue of warrant in lieu of or in addition to summons 53. Service and execution in any part of Brunei Darussalam 54. Power to take bond for appearance 55. Arrest on breach of bond for appearance Chapter VI Processes to compel production of documents and other movable property and for discovery of persons wrongfully confined 56. Summons to produce property or document 57. Procedure as to postal articles etc. 58. Provisions of sections 39 to 42 to apply LAWS OF BRUNEI Criminal Procedure Code CAP. 7 5 Search warrants 59. When search warrant may be issued 60. Power to restrict warrant 61. Search of place suspected to contain stolen property, forged documents etc. 62. Form of search warrant 63. Search for persons wrongfully confined 64. Persons in charge of closed places to allow search 65. Magistrate issuing search warrant may attend at its execution 66. Magistrate may direct search in his presence 67. Search without warrant 68. No section 69. List of all things seized to be made and signed 70. Occupant may be present at search PART IV PREVENTION OF OFFENCES Chapter VII Security for keeping peace and for good behaviour 71. Security for keeping peace on conviction 72. Security for keeping peace in other cases 73. Security for good behaviour from suspected persons, vagrants and persons, disseminating seditious matter 74. Security for good behaviour from habitual offenders 75. Summons or warrant if required 76. Form of summons or warrant 77. Inquiry to be held B.L.R.O. 1/2016 LAWS OF BRUNEI 6 CAP. 7 Criminal Procedure Code 78. Order to give security 79. Discharge of persons informed against Proceedings in all cases subsequent to order to furnish security 80. Commencement of period for which security is required 81. Contents of bond 82. Power to reject sureties 83. Imprisonment in default of sureties 84. Power to release person imprisoned for failing to give security 85. Magistrate to report in cases in which security has been ordered by superior Court 86. Discharge of security Chapter VIII Unlawful assemblies 87. Unlawful assembly may be ordered to disperse by Magistrate etc. 88. When unlawful assembly may be dispersed by use of civil force 89. Use of military force 90. Magistrate may require any officer in command of troops to disperse unlawful assembly 91. When commissioned officer may disperse unlawful assembly by military force 92. Protection against prosecution for acts done under this Chapter Chapter IX Public nuisances 93. Magistrate may make conditional order for removal of nuisance 94. Conditional order to be served or notified LAWS OF BRUNEI Criminal Procedure Code CAP. 7 7 95. Person against whom order is made to appear and show cause 96. Consequence of failure to do so 97. Procedure on appearance to show cause 98. Procedure on order being made absolute 99. Consequence of disobedience to order 100. Injunction pending final decision 101. Power to prohibit repetition or continuance of public nuisance Chapter X Temporary orders in urgent cases of nuisance 102. Power to issue order absolute at once in urgent cases Chapter XI Disputes as to immovable property 103. Procedure where dispute concerning land etc. is likely to cause breach of peace 104. Power to attach subject of dispute 105. Disputes concerning rights over land or water 106. Order as to costs Chapter XII Preventive action of police 107. Police to prevent offences 108. Information of design to commit offences 109. Arrest to prevent such offences 110. Prevention of injury to public property B.L.R.O. 1/2016 LAWS OF BRUNEI 8 CAP. 7 Criminal Procedure Code PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE Chapter XIII Duties of police officer on receiving information about offences 111. Information of offences 112. Duty of police to investigate offences 112A. Body samples 112B. Persons permitted to take body samples 112C. Interpretation for sections 112A and 112B 113. Public not to have right to compel police officer to investigate alleged offences 114. Exercise of special powers 115. Police officer’s power to require attendance of witnesses 116. Examining of witnesses by police 117. Statement to police officer 117A. Notice of alibi 117B. Proof by written statement 117C. Proof by formal admission 117D. Failure to account for objects, substances or marks 117E. Failure to account for presence 117F. Interpretation for sections 117D and 117E and savings 118. Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when charged etc. 119. Power to record statements and confessions 120. Search by police officer 121. Police officer may require bond for appearance of complainant and witnesses LAWS OF BRUNEI Criminal Procedure Code CAP. 7 9 121A. Surrender of travel documents 121B. Return of travel documents 122. Diary of proceedings in police investigation 123. Report of police officer PART VI PROCEEDINGS IN PROSECUTIONS Chapter XIV Jurisdiction of criminal Courts in inquiries and trials 124. — 130. No sections Conditions requisite for initiation of proceedings 131. Power to take cognisance of offences 132. Sanction required for prosecution for certain offences Chapter XV Complaints 133. Examination of complainant 134. Postponement of issue of process 135. Dismissal of complaint Chapter XVI Commencement of proceedings 136. Issue of process 137. Personal attendance of accused may be dispensed with B.L.R.O. 1/2016 LAWS OF BRUNEI 10 CAP. 7 Criminal Procedure Code Chapter XVII Preliminary inquiries into cases triable by High Court 138. Procedure in inquiries preparatory to committal 139. Committal for trial where accused wishes to plead guilty 140. Hearing and taking of evidence for prosecution 141. When accused person to be discharged 142. When charge to be framed 143.
Load more

Recommended publications
  • An Independence of Judicial Power Under the System of Justice: Study Case in Indonesia, Malaysia and Brunei Darussalam
    INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY An Independence of Judicial Power Under the System of Justice: Study Case In Indonesia, Malaysia and Brunei Darussalam Ismaidar1,Yasmirah Mandasari Saragih 1Faculty of Social Science, Universitas Pembangunan Panca Budi, Medan, Indonesia [email protected], [email protected] ABSTRACT This paper is based onthe concept of judicial independence. Judiciary is one of the organs of the state. The independence of the judiciary is the cornerstone of a democratic system. Without independent judiciary, people cannot get justice. Only the independent, impartial and accountable judiciary can protect the rights of the minorities and the indigenous communities. Independent judiciary can maintain the delicate balance between the three major organs of the state.Some of internationally recognized principles have been incorporated in our present constitution. But judicial autonomy, freedom of expression and association, professional immunity are not incorporated. Our judiciary lacks functional autonomy to determining the jurisdiction of the court, selecting its support staff. Another issue concerning the financial independence of judiciary which are must for an independent judiciary. Judicial training and judicial education is necessary for independence of judiciary. Role of national judicial academic is satisfactory in this regard. Competent, independent, and impartial courts will also depend also on the judges who have integrity, ability with appropriate training and higher qualifications
    [Show full text]
  • APRES Moi LE DELUGE"? JUDICIAL Review in HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY
    "APRES MoI LE DELUGE"? JUDICIAL REvIEw IN HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY Tahirih V. Lee* INTRODUCTION One of the burning questions stemming from China's promise that the Hong Kong Special Administrative Region (HKSAR) would enjoy a "high degree of autonomy" is whether the HKSAR's courts would have the authority to review issues of constitutional magnitude and, if so, whether their decisions on these issues would stand free of interference by the People's Republic of China (PRC). The Sino-British Joint Declaration of 1984 promulgated in PRC law and international law a guaranty that implied a positive answer to this question: "the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong Special Administrative Region of the power of final adjudication."' The PRC further promised in the Joint Declaration that the "Uludicial power" that was to "be vested in the courts" of the SAR was to be exercised "independently and free from any interference."2 The only limit upon the discretion of judicial decisions mentioned in the Joint Declaration was "the laws of the Hong Kong Special Administrative Region and [to a lesser extent] precedents in other common law jurisdictions."3 Despite these promises, however, most of the academic and popular discussion about Hong Kong's judiciary in the United States, and much of it in Hong Kong, during the several years leading up to the reversion to Chinese sovereignty, revolved around a fear about its decline after the reversion.4 The * Associate Professor of Law, Florida State University College of Law.
    [Show full text]
  • How Taiwan's Constitutional Court Reined in Police Power
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Fordham University School of Law Fordham International Law Journal Volume 37, Issue 4 2014 Article 10 How Taiwan’s Constitutional Court Reined in Police Power: Lessons for the People’s Republic of China Margaret K. Lewis∗ Jerome A. Coheny ∗Seton Hall University School of Law yNew York University School of Law Copyright c 2014 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj ARTICLE HOW TAIWAN’S CONSTITUTIONAL COURT REINED IN POLICE POWER: LESSONS FOR THE PEOPLE’S REPUBLIC OF CHINA* Margaret K. Lewis & Jerome A. Cohen INTRODUCTION ........................................................................ 864 I. THE LEGAL REGIME FOR PUNISHING LIUMANG ........... 866 II. STRUCTURE OF CONSTITUTIONAL REVIEW ................. 871 III. INITIAL JUDICIAL INVOLVEMENT IN CURBING POLICE POWER ................................................................ 878 IV. INTERPRETATION NO. 636 ................................................ 882 A. Definition of Liumang and the Principle of Legal Clarity ........................................................................... 883 B. Power of the Police to Force Suspected Liumang to Appear .......................................................................... 891 C. Right to Be Heard by the Review Committee .............. 894 D. Serious Liumang: Procedures at the District Court Level .............................................................................
    [Show full text]
  • Price Setting and Price Regulation in Health Care Lessons for Advancing Universal Health Coverage
    Price setting and price regulation in health care Lessons for advancing Universal Health Coverage Case studies Price setting and price regulation in health care: lessons for advancing Universal Health Coverage Sarah L Barber, Luca Lorenzoni, Paul Ong ISBN 978-92-4-151592-4 (WHO) WHO/WKC-OECD/K18014 © World Health Organization and the Organisation for Economic Co-operation and Development, 2019 Some rights reserved. This work is available under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 IGO licence (CC BY-NC-SA 3.0 IGO; https://creativecommons.org/licenses/by-nc-sa/3.0/igo). Under the terms of this licence, you may copy, redistribute and adapt the work for non-commercial purposes, provided the work is appropriately cited, as indicated below. In any use of this work, there should be no suggestion that the World Health Organization (WHO) and the Organisation for Economic Co-operation and Development (OECD) endorse any specific organization, products or services. The use of the WHO or OECD logo is not permitted. If you create a translation of this work, you should add the following disclaimer along with the suggested citation: “This translation was not created by the World Health Organization (WHO) and the Organisation for Economic Co-operation and Development (OECD). WHO and OECD are not responsible for the content or accuracy of this translation. The original English edition shall be the binding and authentic edition”. Any mediation relating to disputes arising under the licence shall be conducted in accordance with the mediation rules of the World Intellectual Property Organization (http://www.wipo.int/amc/en/mediation/rules).
    [Show full text]
  • U.S. Supreme Court Decisions and Desegregation in the South
    U.S. SUPREME COURT DECISIONS AND DESEGREGATION IN THE SOUTH by MARTHA ANN PEAVY Under the Direction of John Dayton ABSTRACT This study examined the relevant legal history and the current legal status of desegregation in the Southern United States. Beginning with the Dred Scot case and continuing to the present, this study examined Southern Blacks’ quest for equal access to a quality education through legal challenges before the United States Supreme Court. U.S. Supreme Court decisions on challenges to the denial of equal access to education and an adequate legal remedy were also analyzed. The study produced a chronology of U.S. Supreme Court cases effectuating desegregation in the South and relevant scholarly commentaries concerning these decisions of the high Court. This study found that: 1) three cases in the nineteenth century had a significant impact on segregation, but only one pertained directly to education; 2) segregation in public schools based on color was struck down in an unanimous decision by the U.S. Supreme Court in Brown v. Board of Education (1954); 3) cases immediately following the first Brown case up until 1967 involved rulings by the high Court forbidding tactics that were designed for the specific purpose of delaying desegregation; 4) beginning in 1968 and ending in 1973 legal guidelines were given on implementing desegregation by the U.S. Supreme Court; 5) the high Court began to back away from expanding desegregation from 1974 until 1979; and 6) three recent cases indicate that the U.S. Supreme Court has withdrawn from active involvement in desegregating schools.
    [Show full text]
  • Teachers Have Rights, Too. What Educators Should Know ERIC
    DOCUMENT RESUME ED 199 144 SO 013 200 AUTHOR Stelzer, Leigh: Banthin, Joanna TITLE Teachers Have Rights, Too. What Educators ShouldKnow About School Law. INSTITUTICN ERIC Clearinghouse for Social Studies/SocialScience Education, Boulder, Colo.: ERIC Clearinghouseon Educational Management, Eugene, Oreg.: SocialScience Education Consortium, Inc., Boulder, Colo- SPCNS AGENCY Department of Education, Washington, D.C.: National Inst. of Education (DHEW), Washington, D.C. DEPORT NO ISBN-0-86552-075-5: ISBN-0-89994-24:.-0 FOB CATE BO CONTRACT 400-78 -0006: 400-78-0007 NOTE 176p. AVAILABLE FPOM Social Science Education Consortium,855 Broadway, Boulder, CO 80802 (S7.95). EDFS PRICE ME01/PCOB Plus Postage. CESCRIPTCPS Academic Freedom: Discipline: *Educational Legislation: Elementary Secondary Education:Ereedom of Speech: Life Style: Malpractice;Reduction in Force: *School Law: Teacher Dismissal:Tenure IDENTIFIERS *Teacher Fights ABSTRACT This book addresses the law-relatedconcerns of school teachers. Much of the datacn which the book is based was collected during a four year stlzdy, conducted bythe American Bar Association with the support of the Ford Foundation.Court cases are cited. Chapter one examines "Tenure." Sincetenure gives teachers the right to their jobs, tenured teachers cannotbe dismissed without due process cf law or without cause. They are entitled to noticeof charges and a fair hearing, with the opportunityto present a defense. The burden is on school authoritiesto show that there are good and lawful reasons for dismissal. "ReductionIn Force (RIF)" is the topic cf chapter two. Many school districtsare facing declining enrollments and rising costs for diminishedservices. EIF begins with a decision that a school district has too many teachers.Laws vary from state to state.
    [Show full text]
  • CHAPTER 162 INTERMED Late CODRTS
    LAWS OF BRUNEI Intermediate Courts CAP. 162 1 LAWS OF BRUNEI CHAPTER 162 INTERMED lATE CODR TS ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY 1. Citation 2. Interpretation and conflicting laws PART II CONSTITUTION 3. Intermediate Courts 4. Court houses 5. Seal 6. Process of Courts 7. Sitting in camera 8. Contempt 9. Right of audience BLR.O.1/ 1999 LAWS OF BRUNEI 2 CAP. 162 Intermediate Courts PART III APPOINTMENTS AND FUNCTIONS 10. Judges 11. Registrar and Deputy Registrars 12. Subordinate Officers PART IV CRIMINAL JURISDICTION 13. Criminal jurisdiction PART V CIVIL JURISDICTION 14. General civiljurisdiction 15. Actions concerning immovable property 16. Jurisdiction to grant probates etc. 17. Administration actions 18. Interpleader proceedings 19. Other jurisdiction 20. Transfer of counterclaim etc. to High Court 21. Fees and costs 22. Satisfaction of judgments for payment of money 23. No division of causes of action 24. Transfer to High Court 25. Ancillary jurisdiction and powers of Judge LAWS OF BRUNEI Intermediate Courts CAP. 162 3 PART VI APPEALS ETC. FROM INTERMED lATE CODR T 26. Civil appeals 27. Criminal appeals, reviews and references PART VII GENERAL 28. Protection of judicial and other officers 29. Absence of Judge before conclusion of proceedings 30. Practice and procedure 31. Enabling powers B.L.R.O.1I1999 LAWS OF BRUNEI 4 CAP. 162 Intermediate Courts INTERMED lATE CODR TS ACT S.20/91 An Act to establish Intermediate Courts and to provide for the S.39/98 constitution, jurisdiction and powers thereof and the administration of justice therein S.21/91 Commencement: 1st July 1991 PART I PRELIMINARY Citation 1.
    [Show full text]
  • Hong Kong: in the Name of National Security Human Rights Violations Related to the Implementation of the Hong Kong National Security Law
    HONG KONG: IN THE NAME OF NATIONAL SECURITY HUMAN RIGHTS VIOLATIONS RELATED TO THE IMPLEMENTATION OF THE HONG KONG NATIONAL SECURITY LAW Amnesty International is a global movement of more than 10 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2021 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: ASA 17/4197/2021 June 2021 Original language: English amnesty.org CONTENTS INTRODUCTION 2 1. BACKGROUND 3 2. ACTS AUTHORITIES CLAIM TO BE ‘ENDANGERING NATIONAL SECURITY’ 5 EXERCISING THE RIGHT OF PEACEFUL ASSEMBLY 5 EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION 7 EXERCISING THE RIGHT TO FREEDOM OF ASSOCIATION 9 ENGAGING IN INTERNATIONAL POLITICAL ADVOCACY 10 3. HUMAN RIGHTS VIOLATIONS ENABLED BY THE NSL 12 STRINGENT THRESHOLD FOR BAIL AND PROLONGED PERIOD OF PRETRIAL DETENTION 13 FREEDOM OF MOVEMENT 15 RETROACTIVITY 16 SPECIALLY APPOINTED JUDGES 16 RIGHT TO LEGAL COUNSEL 17 ADEQUATE TIME AND FACILITIES TO PREPARE A DEFENCE 17 4.
    [Show full text]
  • A Comparative Study of British Barristers and American Legal Practice and Education Marilyn J
    Northwestern Journal of International Law & Business Volume 5 Issue 3 Fall Fall 1983 A Comparative Study of British Barristers and American Legal Practice and Education Marilyn J. Berger Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the International Law Commons Recommended Citation Marilyn J. Berger, A Comparative Study of British Barristers and American Legal Practice and Education, 5 Nw. J. Int'l L. & Bus. 540 (1983-1984) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. A Comparative Study of British Barristers and American Legal Practice and Education Mariyn J Berger* I. INTRODUCTION The conduct of a trial in England is undeniably an impressive un- dertaking. Costume alone transports the viewer to Elizabethan time. Counsel and judges, bewigged and gowned,' appear in a cloistered, re- gal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers.2 After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom, it is natural to assume that the British model of courtroom advocacy pro- * B.S., 1965, Cornell University; J.D., University of California at Berkeley. Associate Profes- sor of Law, University of Puget Sound School of Law. This article is based on the author's obser- vations and interviews while a Visiting Professor of Law at the Polytechnic of the South Bank in London, 1981-82, and a scholar-in-residence at King's College, December-June, 1982.
    [Show full text]
  • A Note on Terminology
    A Note on Terminology a few terms have meanings that are complicated by the unique context of Hong Kong. Also, the legal terminologies between Hong Kong (which usually follows the English terminology) and the United States are noticeably different. I have prepared this note on terminology, which draws in part on Atiyah and Summer’s (1987) note in their book Form and Substance in Anglo-American Law, to minimize confusion for read- ers who are less familiar with the English-style terminologies in law. Cantonese is often referred to, even by Cantonese speakers in Hong Kong, as a colloquial dialect with no standardized written form. In this book I follow the way most people in Hong Kong understand the term Cantonese, by confining its reference to an oral form of Chinese practiced in Hong Kong and parts of Guangdong (I offer an explanation of such understanding in Chapter 3). Hence, when I discuss how Cantonese is used in various parts of the book, I am, unless otherwise stated, discuss- ing the use of Cantonese in oral settings. Chinese is, on analysis, a complicated term because it means differ- ent things in oral and written contexts in Hong Kong. Invariably, when I use the term Chinese, I am referring to the way Chinese is predominantly practiced in Hong Kong—that is, Cantonese in oral settings and Standard Modern Chinese in written contexts. Standard Modern Chinese (SMC), a written form that is more or less based on vernacular Putonghua (Man- darin), or baihua in Chinese, is taught in the schools of Hong Kong as the proper written form of Chinese.
    [Show full text]
  • Cary V. Board of Education: Academic Freedom at the High School Level
    Denver Law Review Volume 57 Issue 2 Tenth Circuit Surveys Article 9 February 2021 Cary v. Board of Education: Academic Freedom at the High School Level Doris B. Truhlar Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Doris B. Truhlar, Cary v. Board of Education: Academic Freedom at the High School Level, 57 Denv. L.J. 197 (1980). This Note is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. CASE NOTE CARY V BOARD OF EDUCATION: ACADEMIC FREEDOM AT THE HIGH SCHOOL LEVEL INTRODUCTION Academic freedom, now recognized as one of the protected first amend- ment interests, is a relative newcomer in the catalogue of safeguarded rights.I Perhaps because it encompasses so many varying interests, its devel- opment has been piecemeal. 2 While the federal courts have been eager to recognize the existence of academic freedom, those courts that have grappled with issues involving this interest have not been able to define its contours. The Tenth Circuit Court of Appeals, in Car v. Board of Education,3 au- thored a recent chapter in the continuing development of academic freedom. A case of first impression, 4 Cag has the potential of foreclosing any right of high school teachers to select and supplement materials used in their own classes. Car was a civil rights action 5 in which five high school teachers in the Aurora, Colorado schools sought a declaratory judgment that their rights were violated when the school board banned ten books.6 All the books had 7 been used previously.
    [Show full text]
  • Enforcement of Foreign Judgments 2021 Enforcement of Foreign Judgments 2021
    Enforcement of Foreign Judgments 2021 of Foreign Enforcement Enforcement of Foreign Judgments 2021 Contributing editors Oliver Browne and Tom Watret © Law Business Research 2020 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Enforcement of [email protected] Senior business development manager Adam Sargent Foreign Judgments [email protected] Published by Law Business Research Ltd Meridian House, 34-35 Farringdon Street 2021 London, EC4A 4HL, UK The information provided in this publication Contributing editors is general and may not apply in a specific situation. Legal advice should always Oliver Browne and Tom Watret be sought before taking any legal action based on the information provided. This Latham & Watkins information is not intended to create, nor does receipt of it constitute, a lawyer– client relationship. The publishers and authors accept no responsibility for any acts or omissions contained herein. The Lexology Getting The Deal Through is delighted to publish the tenth edition of Enforcement of information provided was verified between Foreign Judgments, which is available in print and online at www.lexology.com/gtdt. July and August 2020. Be advised that this Lexology Getting The Deal Through provides international expert analysis in key areas of is a developing area. law, practice and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. © Law Business Research Ltd 2020 Throughout this edition, and following the unique Lexology Getting The Deal Through format, No photocopying without a CLA licence. the same key questions are answered by leading practitioners in each of the jurisdictions featured. First published 2012 Our coverage this year includes new chapters on the Bahamas, Denmark and Greece.
    [Show full text]