Syllabus for Hong Kong Legal System

  1. 1.                 Development of the Hong Kong Legal System 1842-1997


Reception of English Law – Captain Elliot’s Proclamation – Supreme Court Ordinance 1843 – Application of English Law Ordinance – Joint Declaration and the Resumption of Sovereignty – Localization and Adaptation Exercises – Continuity of Previous International Treaties – Reunification Ordinance – Application of legislation to “State” – Impact of the change of sovereignty on the legal system – continuation and development of the previous legal system after 1997;


  1. 2.                 Sources of Hong Kong Law


Laws previously in force in Hong Kong – Legislation, common law and equity, customary law – Special position in New Territories land – Imperial enactments – Prerogative power – Legislation and restriction on law making powers – National Laws – NPCSC’s interpretation – PRC Constitution;


  1. 3.                 Doctrine of Stare Decisis


Doctrine of precedent in Hong Kong – Full Court – Pre- and Post-1997 Privy Council Decisions – Status of House of Lords Decisions;


  1. 4.                 Hong Kong Court System


Hierarchy of courts – Jurisdiction and its constitutional limits – Role of the Court of Final Appeal – Appointment and tenure of judges – Judicial independence under the Basic Law – Judicial immunity and judicial accountability - Jury system;


  1. 5.                 Access to Justice


Forms of legal aid – Operation of legal aid – Characteristics of legal aid services in Hong Kong – Legal aid and resources – current controversies – Independence of Legal Aid Authority – Legal profession;


  1. 6.                 The Common law System and the PRC Legal System: A Comparative Overview


The essential differences between the common law system and the PRC legal system;


  1. 7.                 Interface between the two systems


Concurrent jurisdictions – Mutual judicial assistance – enforcement of judgments – extradition – cross-border crimes and jurisdiction – cross-border insolvency – Conflicts between the two systems – Admissibility of documents issued in the Mainland – Taking evidence in the PRC;


  1. 8.                 Introduction to Legal Research: Sources and Skills. 

, ,

You must be logged in to post a comment.

This entry was posted and filed under PCLL Conversion Exams. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.