Research Methodologies

A. Preliminary Research

1. Identify the Legal Issue

   • Clearly define the legal question or problem you need to address. This helps focus your research on relevant areas of law.

2. Gather Background Information

   • Use secondary sources such as textbooks, legal encyclopedias, and legal commentaries to gain a foundational understanding of the legal issue.

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B. Primary Research

1. Statutory Research

   • Access local legislation through official government websites or legal databases. Familiarize yourself with the structure and content of relevant statutes.

   • Tools: Hong Kong e-Legislation (HKeL) provides access to current laws, ordinances, and amendments.

2. Case Law Research

   • Search for relevant case law using online databases and legal research platforms. Review judgments to understand how courts have interpreted statutes and legal principles.

   • Tools: Hong Kong Legal Information Institute (HKLII), Westlaw, and LexisNexis are valuable resources for accessing case law.

3. Regulatory Research

   • Investigate regulations and guidelines issued by government agencies or regulatory bodies relevant to your research topic.

   • Consideration: Understanding the regulatory landscape is crucial, especially in areas like financial services, environmental law, and data protection.

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C. Secondary Research

1. Legal Journals and Articles

   • Consult academic journals and law reviews for analyses and commentary on current legal issues. These sources provide in-depth discussions and critiques that can enrich your understanding.

   • Notable Publications: The Hong Kong Law Journal, the Asian Journal of Comparative Law, and various legal periodicals focus on specific areas of law.

2. Books and Treatises

   • Use legal textbooks and treatises to explore comprehensive discussions on specific legal topics. These resources often provide context, historical background, and scholarly analysis.

   • Consideration: Pay attention to the publication date to ensure you are referencing current legal interpretations and developments.

3. Legal Blogs and Online Resources

   • Follow reputable legal blogs and websites that discuss recent developments in Hong Kong law. These can provide timely insights and commentary on emerging legal issues.

   • Examples: Law blogs by local law firms and legal organizations often cover significant cases and legislative changes.

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D. Practical Research Skills

1. Effective Searching

   • Develop search strategies that include relevant keywords, phrases, and Boolean operators to enhance the efficiency of your research.

   • Example: Use operators like AND, OR, and NOT to refine your search results.

2. Evaluating Sources

   • Assess the credibility and authority of your sources. Consider the author’s qualifications, the publication’s reputation, and the date of publication.

   • Checklist: Is the source peer-reviewed? Is it published by a reputable organization? Is the information current?

3. Citing Sources

   • Follow the appropriate citation style for legal writing, such as the Hong Kong Legal Citation Style or the Bluebook. Proper citation not only lends credibility to your work but also allows readers to locate your sources.

   • Tools: Legal citation generators and reference management software can aid in organizing and formatting citations.

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Citing Case Law

For reported decisions, the citation format typically follows this structure:

Format: Case Name, [Year] Volume Report Abbreviation First Page (Court Abbreviation).

Example: Law Society of Hong Kong v. Chan Ka-Ming, 1 HKLRD 123 (CFA).

For unreported judgments, the neutral citation format is used:

Format: Case Name [Year] Court Abbreviation Judgment Number.

Example: HKSAR v. Wong, HKCA 45.

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Citing Legislation

When citing Hong Kong ordinances, the following formats are recommended:

In-text Citation:

• Narrative citation: Competition Ordinance (2013)

• Parenthetical citation: (Competition Ordinance, 2013)

Reference List:

• For the whole ordinance: Competition Ordinance, Cap 528 (2013).

• For a specific section: Competition Ordinance, Cap 528 § 50 (2013).

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Citing Secondary Sources

For secondary sources such as legal journals or articles, the citation format generally includes the author, title of the article, journal name, volume, issue, and year of publication.

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Example: John Smith, "The Impact of the Basic Law on Hong Kong's Legal System," Hong Kong Law Journal, Vol. 45, No. 2 (2019): 123-145.