(See also General Regulations, pp. 1 to 16)
Postgraduate Certificate in Laws (PCLL)
Postgraduate
Diplomas in Commercial Law (PDipComL),
in the Law of
the People's Republic of China (PDipL[PRC])
and in Public
Law (PDipPubL)
Postgraduate Diploma in Common Law (PDipCL) and the Master of Common Law (MCL)
LL 34 To be eligible for admission to the courses leading to the Postgraduate Certificate in Laws a candidate
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shall comply with the General Regulations and shall either | |
| (i) | hold a degree in law 1 from a university or comparable institution subject in each case to Senate approval; or | |
| (ii) | hold a professional qualification which entitles the candidate to practise law in a territory or country other than Hong Kong subject in each case to Senate approval; or | |
| (iii) | pass the Common Professional Examination of Hong Kong or of England and Wales and satisfy this University as to the candidate's competence in Business Associations and Evidence; and | |
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if applying on the basis of a degree in law of a university or comparable institution other than this University and the City University of Hong Kong (formerly known as City Polytechnic of Hong Kong) under (i) above, shall produce evidence of sufficient academic attainment and may be required to pass a qualifying examination. | |
LL 35 To be eligible for the award of the Postgraduate Certificate in Laws a candidate shall
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comply with the General Regulations; and |
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complete the curriculum in accordance with the Regulations set out below. |
LL 36 The curriculum shall extend over not less than one academic year for a full-time candidate and shall include an examination. For a part-time candidate, the curriculum shall extend over not less than two academic years and shall include an examination in each year.
LL 37
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To complete the curriculum a candidate shall | |
| (i) | follow instruction2 on the syllabuses prescribed and complete written assignments; and | |
| (ii) | participate in such practical exercises as may be organized as part of the curriculum; and | |
| (iii) | satisfy the examiners in each of
the following papers and half papers (for the
purposes of these regulations, two half papers
shall be the equivalent of one paper):
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A part-time candidate shall satisfy the examiners in the curriculum specified for the first year before being permitted to commence the curriculum for the second year. | |
LL 38 In each examination, the examiners may take into account a candidate's performance in all papers mentioned in LL 37, and continuous assessment of the candidate's performance in completing all the requirements of the curriculum including written assignments and practical exercises. The examiners may at their discretion prescribe one or more oral assessments for any candidate.
LL 39 A full-time candidate who has failed to satisfy the examiners at an examination in not more than two and a half papers shall be permitted to attend a supplementary examination in the paper or papers of failure. A part-time candidate in his first or second year who has failed to satisfy the examiners at an examination in not more than one paper (or two half papers) shall be permitted to attend a supplementary examination in the paper or half papers of failure.
LL 40
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Subject to the provisions of LL 41, a full-time candidate who has failed to satisfy the examiners and has not been permitted to attend a supplementary examination under LL 39; or attended a supplementary examination under LL 39 without satisfying the examiners; may be permitted to attend for re-examination in all the papers specified in LL 37; and if so permitted, may be required to repeat the curriculum; but shall not be eligible for any mark of distinction or credit unless the Senate directs otherwise because of exceptional circumstances. | |
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Subject to the provisions of LL 41, a part-time candidate in his first or second year who has failed to satisfy the examiners and has not been permitted to attend a supplementary examination under LL 39, or who has attended a supplementary examination without satisfying the examiners, may be permitted to attend for re-examination in all the papers examined in that year; and if so permitted, may be required to repeat the curriculum for the relevant year; but shall not be eligible for any mark of distinction or credit unless the Senate directs otherwise because of exceptional circumstances. | |
LL 41 A full-time candidate who has failed to satisfy the examiners at a re-examination in not more than two and a half papers may be permitted to attend a supplementary examination in the paper or papers of failure. A part-time candidate who has failed to satisfy the examiners at a re-examination in not more than one paper (or two half papers) may be permitted to attend a supplementary examination in the paper or half papers of failure.
LL 42 A candidate
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who has failed to satisfy the examiners at a re-examination taken pursuant to LL 40 and has not been permitted to attend a supplementary examination under LL 41, or |
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who has attended a supplementary examination under LL 41 but has not satisfied the examiners, |
shall not be permitted to attend for further re-examination other than in exceptional circumstances and with the specific permission of the Senate. Such a candidate shall not be eligible for any mark of distinction or credit.
LL 43 A candidate who is not permitted to attend a supplementary examination or re-examination in the paper or papers of failure under LL 39 to LL 42 shall be recommended for the discontinuation of studies under General Regulation G 12.
LL 44 The names of the successful candidates shall be published alphabetically showing a mark of distinction or credit where awarded in any individual paper.
LL 45 A candidate who has shown exceptional merit at the whole examination may be awarded a mark of distinction for the whole examination and this mark shall be recorded in the candidate's certificate.
SYLLABUSES FOR THE
POSTGRADUATE
CERTIFICATE IN LAWS
19410. Conveyancing and probate practice
Conveyancing: searches and inquiries before contract; planning and building law; capacity; formation and formalities; conditions of sale; open contract rules; building contracts; remedies for breach; the post contract position; deducing title; form and contents of purchase deeds; completion; registration of instruments.
Mortgages: the law (in outline); form and contents of mortgage deeds; building finance.
Landlord and tenant: the general law (in outline); the form and contents of leases; covenants, privity of contract and of estate; termination security of tenure and rent control under statute.
Administration of estates: executors and administrators; grants of probate and of letters of administration; supervision by the court; administration of estates; foreign element problems; remedies of beneficiaries; estate accounts (in outline).
This course will include instruction in the general principles of legal drafting with particular emphasis on the drafting of conveyancing documents.
19420. Civil and criminal procedure
The conduct of civil litigation in the Supreme Court and District Courts: considerations prior to commencement; jurisdiction of courts; parties and joinder; commencement of proceedings by writs and originating summonses, applications for judicial review, matrimonial proceedings; service of process; pleadings (Statements of Claim, Defences and Counter-Claims); summary disposal; interlocutory proceedings; discovery and interrogatories, admissions; pre-trial security; compromises and settlements; aspects of the civil trial and costs, civil appeals, enforcement of judgments. This course will include practical instruction or exercises in drafting documents used in civil litigation including for example writs and summonses, affidavits/affirmations, pleadings, notices of appeal.
The conduct of criminal cases in Magistracies, District Courts and the Supreme Court. Police powers including arrest, detention, search and seizure, questioning; remedies for abuse of police powers, Habeas corpus proceedings; bail, jurisdiction of criminal courts; formulation and amendment of charges; commencement of criminal proceedings and procedures to compel appearance; transfers and committals; indictments, preparation for trial and discovery in criminal proceedings; pleas, plea bargaining; juries and aspects of criminals trials; costs; sentencing options, procedures and principles; criminal appeals. This course will include practical instructions or exercises in making bail applications, drafting charges and indictments, making pleas in mitigation, drafting notices of appeal.
19430. Commercial law and practice
This course is designed to provide an introduction to practical commercial and corporate problems. The main emphasis will be placed on the practice of the law although some substantive law will be taught.
The areas of study will be drawn from the following: partnership; companies; intellectual and industrial property; insolvency; employment; financing; trading arrangements; contracts with an international element; trading with the People's Republic of China; shipping; insurance; arbitration.
The course will include instruction in drafting commercial documents.
19440. Revenue law
An introduction to taxation: the history of taxation of income in the United Kingdom and Hong Kong; the concepts of capital and income; the tests of nationality; residence and source; tax and society; tax and economics.
The Inland Revenue Ordinance: profits tax; salaries tax; interest tax; property tax. Special cases: husband and wife; pension schemes; personal assessment; trustees and personal representatives. Foreign element: double taxation relief; international tax problems in Southeast Asia; tax havens.
The Stamp Ordinance: general principles; fixed duties. Duties on particular instruments; conveyances; voluntary dispositions; transfers of shares; settlement duty; leases; mortgages; bills of exchange and promissory notes.
The Estate Duty Ordinance: rates; heads of charge; exemptions; gifts inter vivos; life policies; joint property; controlled companies; reliefs; accountability and incidence.
Business registration, hotel accommodation tax, rating and entertainment tax (in outline only).
19441. Advocacy
The course introduces students to the skills and scope of work of a barrister practising in a common law jurisdiction such as Hong Kong; but it also aims to teach students important skills for a general legal practitioner, such as objective assessment of the facts, logical application of legal principles and clear presentation of arguments ¡X written or oral. A significant course component consists of practical exercises as counsel (which will form the main basis of assessment of the students). Role of barrister and relationship with courts, solicitors and lay clients. Criminal and civil trail advocacy.
19442. Professional practice
The objectives of the course are to increase the awareness and sensitivity of student-practitioners to their professional obligations, to develop their ability to deal with day-to-day problems of conduct and to provide foundations for competent, effective representation of clients.
The professions; lawyers and professional negligence; organization and discipline; lawyer and client ¡X instructions, retainer, duty to communicate, duty of confidentiality, fiduciary relationship, delay. Conflicting duties and interests. Relationships with the Court, the Bar and others. The Bar Code. Legal Aid. Remuneration. The Practice Rules.
19470. Accounts and financial management
The objective of the course is to familiarize students with the financial aspects of the day-to-day running of a legal practitioner's business.
Accounting concepts and methods; interpretation of commercial accounts; Solicitors' Accounts Rules; modern account systems; control of accounts; time costing; billing procedures; obligations to barristers and clients.
Computers; the role of computers in a legal practice.
