Training in Common Law for Mainland Legal Officials

"Training Scheme in Common Law for Mainland Legal Officials" ("the Scheme")

The Scheme was inaugurated in 1999 for the purpose of providing Mainland officials the opportunity to study common law and to familiarise with the legal system in Hong Kong. Majority of the participants came from ministries, offices and commissions of the Central Government with some from the local governments in the Mainland.

2. From 2005 onward, each year the DoJ will sponsor 10 Mainland officials to join the Scheme in Hong Kong. The participating Mainland officials will undertake the Master in Common Law Programme at the University of Hong Kong ("HKU") which runs from September to May in the following year. To be eligible for the Master in Common Law Programme at the HKU, one should attain the requisite English proficiency level and hold a degree in law from a university (or comparable institution accepted for this purpose) in a non-common law jurisdiction or be admitted to the professional practice of law in a non-common law jurisdiction.
   

3. After completion of the academic programme, the participants would be attached to the DoJ, other government law departments and public organizations for about three months before returning to their home organs.
   

4. From the academic year of 2008 onward, in parallel to the Master in Common Law Programme conducted by the HKU, the DoJ will also make arrangements for Mainland officials to undertake the Master in Common Law Programme at the Chinese University of Hong Kong. Officials attending this programme will also be placed in government organs or law firms for short term attachments after completion of the academic programme.
   

5. To be eligible for the Master in Common Law Programme at the Chinese University, each participant should attain the requisite English proficiency level and hold:
   
   (a) a qualification to practise law in the jurisdiction of the his residence; or
   
   (b) a Bachelor of Laws degree (or degree of equivalent standing) in a non common law jurisdiction; or
   
   (c) a Bachelor's degree in a non-law subject with substantial law-related working experience.
   

6. The first batch of officials attending the Master Programme at the Chinese University will arrive at Hong Kong in August 2008.
   

7. By conducting the Scheme, the DoJ is able to establish closer working relationship with various central and provincial organs in the Mainland which is beneficial to strengthening co-operation and exchanges with the Mainland counterparts. By summer 2008, 111 Mainland officials have completed the Scheme.
   

Short term attachment programme

Pursuant to the various Co-operation Agreements entered into by the DoJ and the relevant Mainland justice authorities, both sides agree to provide short term attachment to legal officials of the other side so that officials can have better understanding of the respective legal system of the place of attachment.

2. Since 2005, each year the DoJ will arrange a batch of Mainland officials (consisted of about 8 to 12) from various Justice Departments / Bureaux to come to Hong Kong for a two-week attachment. The officials would be briefed on the role and function of the DoJ. Arrangements would also be made for them to visit other government departments such as the Legal Aid Department, Correctional Services Department, and public organisations including the LegCo, ICAC and the legal professional bodies for familiarization with their work.
   

3. Reciprocal arrangements have been made for DoJ counsel to be placed on a similar short term attachment to various Justice Departments / Bureaux for greater understanding of the Mainland legal system. Up to July 2008, 11 counsel have joined the exchange programme.