| Subject: "Unlawful" isn't the same as "illegal" |
Author:
AC
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Date Posted: 12:07:14 01/17/06 Tue
At first sight, one may equate "unlawfulness" with "illegality". This is understandable because these terms are the respective negations of two very similar and yet confusing concepts. The trouble is, although the concepts of legality and lawfulness are similar, they are in fact different.
When we learn more about the legal system in Hong Kong, we would know that there are two systems of "law" existing together. The first system, which is better known, is the system of common law. This system was developed on a case-by-case basis by the courts. The second system is the system of equity (not equality, though they bear certain meanings in common). This system was traditionally developed by a special branch of the judiciary, which no longer exists. The result is that we have common law and rules of equity today.
The difference of the concepts of legality and lawfulness becomes apparant once we have this knowledge. As seen, an action or interest can be legal and lawful at the same time. But if it isn't legal, can it be lawful? The answer is yes, because the action or interest can be equitable, meaning that it is permitted under the rules of equity. But if an action or interest is unlawful, what does it mean then? Well, that means it is neither legal nor equitable, or one may say it is not permitted under both common law and rules of equity.
I hope you guys may find the law more interesting after reading the above passage.
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