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    HK Legal System Aug 2022

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    victheawesome

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    HK Legal System Aug 2022

    Uploaded by

    victheawesome
    12 views3 pages

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    Hk Legal System Aug 2022

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    12 views3 pages

    HK Legal System Aug 2022

    Uploaded by

    victheawesome

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    of 3

    PCLL CONVERSION EXAMINATION AUGUST 2022

    Title of Paper : Hong Kong Legal System

    Date : 23 August 2022

    Time : 9:30 a.m. – 11:00 a.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 and a half-hours examination.

    5. NO reading time is designated for this paper.

    6. This is an open book examination.

    7. The paper consists of 3 pages, including three questions. Candidates are only required
    to answer TWO questions out of three. A total of 100 marks may be awarded.

    8. Each question is worth 50 marks.

    9. The passing mark for this paper is 50 marks.

    DO NOT OPEN THIS QUESTION BOOK


    UNTIL YOU ARE TOLD TO DO SO

    1
    PCLL Conversion Examination August 2022
    Hong Kong Legal System
    Question 1 (50 marks)

    The first Chief Justice of the Hong Kong Special Administrative Region, Andrew Li, suggested
    in an interview with the South China Morning Post in June 2022 that “The question remains:
    assuming the continuation of one country, two systems, whether the nationality requirement
    for judges in the Basic Law after 2047 should be extended to cover all judges or most judges.”
    Answer the following questions:

    (a) What is the nationality requirement for some, but not all, judges of the courts of the
    HKSAR in the Basic Law of the HKSAR at present? (10 Marks)

    (b) What are the reasons for the present nationality requirement for some, but not all, judges
    in the Basic Law of the HKSAR? (20 Marks)

    (c) Discuss whether the HKSAR should extend the nationality requirement for judges in the
    Basic Law of the HKSAR to cover all judges or most judges. (20 Marks)

    Question 2 (50 marks)

    Article 86 of the Basic Law of the Hong Kong Special Administrative Region provides: “The
    principle of trial by jury previously practised in Hong Kong shall be maintained.” Answer the
    following questions:

    (a) (i) What are the legal proceedings in Hong Kong in which trial by jury is practised?
    (10 Marks)

    (ii) What is the function of the jury in the proceedings identified in the answer to (i)
    above? (5 Marks)

    (b) Discuss the merits and demerits of maintaining trial by jury in Hong Kong.
    (20 Marks)

    (c) Should the Secretary for Justice be empowered to direct that a trial, which satisfies the
    conditions for a jury trial, be instead conducted by a judge or a panel of judges? Explain
    your answer in relation to possible reasons or circumstances for making such a direction.
    (15 Marks)

    Question 3 (50 marks)

    Article 95 of the Basic Law of the Hong Kong Special Administrative Region stipulates: “Hong
    Kong Special Administrative Region may, through consultations and in accordance with law,
    maintain juridical relations with the judicial organs of other parts of the country, and they may
    render assistance to each other.” Discuss:

    2
    (a) In areas other than the combat of crime, what arrangements for mutual assistance has the
    HKSAR made with the judicial organs of Mainland China and are in effect currently?
    (25 Marks)

    (b) In relation to the combat of crime, outline the developments in mutual assistance between
    Mainland China and the HKSAR to date and discuss the reasons for the relatively limited
    developments in this area. (25 Marks)

    ~ End of Examination Paper ~

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