Training in Common Law for Mainland Legal Officials

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

1. The Training Scheme was first implemented in 1999 to provide Mainland officials with the opportunity to study common law and to familiarise with the legal system in Hong Kong. Most participants came from ministries, offices and commissions of the Central Government but officials from the provincial or municipal governments with the requisite qualifications have also been included into the Scheme.
   

2. Since 2005, the Department of Justice (DoJ) will sponsor not more than 10 Mainland officials to attend the Master in Common Law programme at the University of Hong Kong (MCL programme) each year.
   

3. To be eligible for the MCL 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.
   

4. After completion of the MCL programme, the participants would be attached to the DoJ, other government law departments and public organizations for about 10 weeks before returning to their home organs.
   

5. The Scheme was further developed in 2008 wherein the DoJ made arrangements for about 10 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.
   

6. To be eligible for the Master in Common Law Programme at the Chinese University, a candidate should have attained the requisite English proficiency level and held:
   
   (a) a qualification to practise law in the jurisdiction of 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.
   

7. The Training Scheme will be of long-term benefit to the implementation of the “One Country, Two Systems” and is welcome by the Mainland organs and officials concerned.
   

8. By August 2011, 165 Mainland officials have completed the Training Scheme.
   

Short term attachment programme

Under the Co-operation Agreements entered into by the DoJ and the relevant Mainland justice authorities, both sides agree to provide training opportunities to legal officials of the other side to encourage officials to have better understanding of the respective legal system of the place of attachment.

1. From 2005 onward, 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. During the two weeks, the officials would be briefed on the role and function of the DoJ. Visits will be paid to 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.
   

2. 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 2011, a total of 26 counsel have joined the exchange programme.