PCLL Conversion Examination

June 2014
Examiners Comments
Hong Kong Legal System
Candidates were required to answer two questions out of three on a closed-book basis.
To answer the questions successfully, candidates are expected to demonstrate a good
understanding of the questions and they should also be able to express themselves in a
clear and logical 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.

The overall standard was fair. 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. Most
students were able to perform well in one question but not the other. Similar to past
experiences, most students were not able to understand the gist of the question. The
average candidates were able to demonstrate a certain level of knowledge but their
answers were often descriptive with very superficial arguments. This category of
candidates tend to produce a model answer prepared beforehand on a particular topic
and their arguments were therefore very irrelevant to what the questions required. The
better candidates were able to show a clear understanding of the questions and were able
to list out relevant and logical 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
What is equity and how important is its role in todays Hong Kongs legal system?
Only a handful of students attempted this question. Some candidates misunderstood the
concept of equity. This question is not about access to justice or jury trials. Candidates

were expected to discuss the history and origins of equity and the fusion of common law
and equity. Candidates should also list examples of why equity continues to be important
in our legal system (e.g. in the areas of remedies). A discussion of articles 8 and 18 of the
Basic Law is also required.

Question 2
Do you agree that the Legislative Council is the sole authority to create legislation in
Hong Kong and why? Are there any limitations to this power and what is the role of the
Chief Executive in the legislative making process?

This question is more straightforward and most candidates attempted it. The better
candidates listed examples of limitations in the Basic Law and the role of the courts and
the Chief Executive in the law-making process. A mere description of the legislative
making process is not sufficient.

Question 3
Extrinsic materials should not be allowed in courts as an aid to statutory interpretation.
This is especially true in Hong Kong when legislation is enacted bilingually and conflicts
between the two versions are bound to arise.

Do you agree with this statement? Critically analyse it and support your arguments with
authorities.

Most candidates just focused on the different rules of statutory interpretation without
addressing the second part of the question on bilingualism. A discussion of Pepper v Hart
and the Interpretation and General Clauses Ordinance is also required.