8/19/2019 Hk Legal System Aug 07

1/2

PCLL Conversion Examination August 2007

Title of Paper : Hong Kong Legal System

Date : 28 August 2007

Time : 2:30p.m. – 2:45p.m. (Reading Time)

2:45p.m. – 3:45p.m.

Instructions

1. Write your candidate number on the cover of each answer book.

Do NOT write your name in the answer book.

2. Start each answer on a separate page of the answer book.

3. Write your answers only in the answer books provided.

4. This is a one-hour examination.

5. This is NOT an open book examination. However, candidates are allowed to

bring in unmarked Hong Kong ordinances, the HKSAR Basic Law,

Interpretation of Basic Law and National Law now enforced in Hong Kong.No other materials are allowed.

6. Reading time for this paper is 15 minutes. Do NOT begin writing in your

answer books during this period until you are instructed to do so.

7. This paper consists of 1 page, including three questions. Candidates are onlyrequired to answer TWO questions out of three. A total of 100 marks may be

awarded.

8. Each question is worth 50 marks.

YOU MUST RETURN THIS QUESTION PAPER WITH YOUR SCRIPT

AT THE END OF THE EXAMINATION

 

DO NOT OPEN THIS QUESTION BOOK

UNTIL YOU ARE TOLD TO DO SO

8/19/2019 Hk Legal System Aug 07

2/2

  1

PCLL Conversion Examination August 2007

Hong Kong Legal System

Question 1

In a review of the jury system for Complex Commercial Crimes in the eighties of the last

century, it has been pointed out that the jury system in Hong Kong is of a much higher

caliber because of the educational and the language requirements, and that these factorsdistinguish the jury in Hong Kong from that in other jurisdictions. The Law Reform

Commission has recently been asked to review the jury system again, taking into account

social and legal changes in Hong Kong since the last review. You are asked to prepare anote to the Law Reform Commission setting out your view whether the jury system in

Hong Kong should be reformed and if so, how. (50 marks)

Question 2

Article 8 of the Basic Law states that the laws previously in force in Hong Kong, that is,

the common law, the rules of equity, ordinances, subordinate legislation and customarylaw shall be maintained except for any that contravene the Basic Law and subject to any

amendment by the legislature of the Hong Kong SAR.

Discuss critically how Article 8 has preserved the common law system in Hong Kong

with reference to decided cases in the past ten years after the handover. (50 marks)

Question 3

The Legislative Council has decided shortly before the change of sovereignty in 1997that the legal profession should remain a separate profession.

Whether there should be fusion of the legal profession has been a controversial issue in

Hong Kong in the last two decades. A few years ago, the Chief Justice has set up a

working party to re-visit this question. Discuss, in the light of the special situation ofHong Kong, how the issue of fusion of the legal profession should be addressed.

(50 marks)

~ End of Examination Paper ~