PCLL Conversion Examination

January 2014
Examiners Comments
Hong Kong Legal System

Students were required to answer two questions out of three on a closed-book basis. The
examiner prepared the examination questions as well as the answer guide listing relevant
factors, issues and authorities that candidates were expected to discuss. To answer the
questions successfully, candidates needed to demonstrate a good understanding of the
questions and they should also be able to express themselves in a clear and coherent
manner. Candidates were also expected to cite relevant authorities including cases,
legislation and authoritative texts/articles as appropriate. A holistic approach was taken
in marking the papers and candidates would be given points even the marking guide was
not strictly adhered to.

The overall standard was not good. There were only a small number of papers that could
be said to have reached a good standard and there had been quite a number of failures.
The main problem lies with the inability to understand and answer the questions. Quite a
number of students were not even able to demonstrate basic knowledge to the question
and had produced a completely wrong answer. The average candidates were able to
demonstrate a certain level of knowledge but their answers were often descriptive with
very superficial arguments. The better candidates were able to show a clear
understanding of the questions and were able to list out relevant arguments supported by
authorities.

The three exam questions were on different topics and candidates must be able to
demonstrate an ability to understand the question, a good knowledge of substantive law
as well as the ability to analyse and criticise.

Below are observations on how candidates performed in relation to each question:

Question 1
Judges tend to be overly creative when interpreting statutes and thus leaving the doctrine
of stare decisis with no real importance at all.

Critically discuss the above statement and support your answer with arguments and/or
authorities.

Most candidates were able to demonstrate a basic knowledge of the doctrine and the
impact of Re A Solicitor. However most of them did not address the issue of creativity of
judges and hence no arguments were given as to whether they agree or disagree with the
statement. Some students discussed irrelevant cases which showed a lack of
understanding to the question. Candidates should consider whether judges are overly
creative and whether such creativity had diminished the importance of stare decisis. Mere
discussion of the three rules of statutory interpretation is not sufficient.

Question 2
It is clearly stated in the Basic Law that customary laws constitute part of Hong Kongs
laws. However, its importance has very much deteriorated.
Do you agree with the above statement? State reasons for your answer and support it
with authorities.

This question is more straightforward and most students were able to understand it.
However, most candidates misunderstood what customary laws meant and therefore
could not answer the question properly. The better candidates were able to explain the
importance of customary laws and give examples of them.

Question 3
How is the legal profession regulated in Hong Kong? Do you think it is effectively
regulated? Support your answer with reasons and/or authorities.

Some candidates did not show a good understanding of this question and they focused on
the advantages and disadvantages of a fused legal profession. This question needed an
account of the existing regulatory regime of the legal profession. Candidates should
discuss the respective roles of the Law Society and Bar Association as well as the
sanctioning powers of the disciplinary tribunals. Candidates may also discuss the
possibility of an action in negligence.