PCLL Conversion Notes and Model Exam Answers (PCLL Conversion Past Paper Answers) for Hong Kong Legal System for the PCLL Conversion Examinations.
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 – Sino-British Joint Declaration and the Resumption of Exercise of Chinese 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;
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 interpretations –PRC Constitution;
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 – Status of the Court of Final Appeal decisions – Statutory interpretation;
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;
5. The Law-making Process
The role of the HKSAR Government and the Chief Executive – The role of the Legislative Council – The process of law-making;
6. Access to Justice
Forms of legal aid – Operation of legal aid – Characteristics of legal aid services in Hong Kong – Legal aid and resources – Duty Lawyer Service –Legal Aid Services Council Independence of Legal Aid Authority – Legal profession – Alternative Dispute Resolution;
7. The Common law System and the PRC Legal System: A Comparative OverviewThe essential differences between the common law system and the PRC legal system;
8. Interface between the two systems
Concurrent jurisdictions – Mutual judicial assistance – enforcement of judgments and arbitral awards – extradition/rendition – 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;
9. Introduction to Legal Research: Sources and Skills
Law reports and judgment – reported and unreported judgments
10. Enforcing the Law
Police Powers – Director of Public Prosecutions – Independent Commission Against Corruption – The Ombudsman.