Hong Kong Legal System Materials - Suitable for Legal Studies & PCLL Conversion Exam

Key topics of Hong Kong Legal System

British colonization and cession of Hong Kong Island, Kowloon, and New Territories
Reception of English law and establishment of Supreme Court and Court of Appeal
Application of English law subject to local circumstances and Chinese customs
Sino-British Joint Declaration and Basic Law as constitutional documents
Resumption of Chinese sovereignty and establishment of HKSAR
Localization and adaptation of laws and institutions
Continuity of previous international treaties and obligations
Reunification Ordinance and application of national laws in Annex III
Impact of change of sovereignty on legal system and rule of law

Laws previously in force in Hong Kong, including legislation, common law, equity, and customary law
Special position of New Territories land and indigenous inhabitants
Imperial enactments and prerogative power of the Crown
Legislation enacted by the Legislative Council and the Chief Executive
Restriction on law making powers by the Basic Law and the NPCSC
NPCSC’s interpretations and decisions on the Basic Law and Hong Kong affairs
PRC Constitution and its relationship with the Basic Law
National laws listed in Annex III and applied locally by promulgation or legislation
The Law of the PRC on Safeguarding National Security in the HKSAR and its implementation
The status of international law in Hong Kong and its incorporation by legislation or common law

Doctrine of precedent and binding effect of superior courts on lower courts
Full Court as the highest court of appeal before 1997
Pre- and post-1997 Privy Council decisions as persuasive authorities
Status of House of Lords decisions as highly persuasive authorities
Status of the Court of Final Appeal decisions as binding and final authorities
Precedents of other common law jurisdictions as persuasive or comparative authorities
Statutory interpretation and the use of extrinsic and intrinsic aids

Hierarchy of courts, including the Court of Final Appeal, the High Court, the District Court, the Magistrates’ Courts, and other specialized courts and tribunals
Jurisdiction of each court, including civil, criminal, constitutional, and administrative matters
Constitutional limits on jurisdiction by the Basic Law and the NPCSC
Role of the Court of Final Appeal as the final adjudicator and guardian of the Basic Law
Appointment and tenure of judges by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission
Judicial independence under the Basic Law and the protection of judges’ remuneration and conditions of service
Judicial immunity and judicial accountability, and the mechanism for complaint against judges and judicial officers
Jury system and the eligibility and selection of jurors

The role of the HKSAR Government and the Chief Executive as the executive authorities and the initiators of most legislation
The role of the Legislative Council as the legislative authority and the scrutinizer of legislation
The process of law-making, including the drafting, introduction, reading, committee stage, voting, and gazetting of bills
The difference between primary and subsidiary legislation and the delegated authority for making subsidiary legislation
The Emergency Regulations Ordinance and the power of the Chief Executive to make regulations on occasions of emergency or public danger

Forms of legal aid, including ordinary legal aid, supplementary legal aid, and criminal legal aid
Operation of legal aid, including the Legal Aid Department, the Director of Legal Aid, and the Legal Aid Counsel
Characteristics of legal aid services in Hong Kong, including the means test, the merits test, the standard fees, and the assigned solicitors and counsel
Legal aid and resources, including the legal aid fund, the legal aid scheme, and the contributions and costs
Duty Lawyer Service, including the free legal advice scheme, the duty lawyer scheme, and the Tel-law scheme
Legal Aid Services Council, including its establishment, functions, and membership
Independence of Legal Aid Authority, including its autonomy, accountability, and transparency
Legal profession, including the solicitors and barristers, and their qualifications, training, and regulation
Regulating the legal profession, including the Law Society, the Bar Association, and the Legal Practitioners Ordinance

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

The situations and scenarios where civil and criminal matters overlap or interact
The legal and practical issues and challenges arising from the interface between the two systems
The solutions and mechanisms for resolving or managing the interface between the two systems
The examples and case studies of the interface between the two systems, such as concurrent jurisdictions, mutual judicial assistance, enforcement of judgments and arbitral awards, extradition/rendition, cross-border crimes and jurisdiction, cross-border insolvency, cross-border matrimonial and family cases, conflicts between the two systems, admissibility of documents issued in Mainland China, taking evidence in Mainland China, and collaborations for development of international legal services centre and international commercial dispute resolution centre in the Greater Bay Area

The agencies and institutions responsible for enforcing the law in Hong Kong
The powers and functions of the law enforcement agencies and institutions
The limits and safeguards on the law enforcement powers and functions
The accountability and oversight of the law enforcement agencies and institutions
The examples and case studies of the law enforcement agencies and institutions, such as police powers, police accountability and complaints, Director of Public Prosecutions, Independent Commission Against Corruption, Customs and Excise Department, Immigration Department, Equal Opportunities Commission, Privacy Commissioner for Personal Data, and The Ombudsman