Thursday, January 25, 2018

Chow, Ng & Jen on Experientialization of Legal Education in Hong Kong (new book chapter)

As a former British colony, the legal system in Hong Kong is deeply rooted in and influenced by the common law tradition, and culture of England and Wales. Even its model of legal education and training was first guided by the English Report of the Committee on Legal Education, under the chairmanship of Sir Roger Ormrod, in 1971. Hence a vocational year, the Postgraduate Certificate in Law (PCLL), following the three year undergraduate law curriculum that was to be recommended in England and Wales was also implemented in the first law school in Hong Kong - the University of Hong Kong (HKU) - in 1972. The larger picture has not changed much despite the handover of Hong Kong in 1997 to People's Republic of China, which is a civil law jurisdiction. Nevertheless, like every other legal transplant which typically starts with the adoption of legal rules which work elsewhere and often continues to modify, develop and evolve in order to suit the particular jurisdictional social and cultural context, Hong Kong has also seen an extended four-year instead of three-year, LLB, joint degree programmes with law, and the degree of Juris Doctor (JD), all of which are not typical features of the traditional English common law educational framework and, with the exception of the lengthened LLB, are just other examples of legal transfer from outside Hong Kong...

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