The Criminal Law Syllabus and the Realities of Legal Practice in Hong Kong
Legal Education Review, (Vol 30(1), 2020)
City University of Hong Kong School of Law Legal Studies Research Paper No. 2021(1)-006
25 Pages Posted: 22 Apr 2021 Last revised: 22 Jun 2023
Date Written: March 1, 2021
Abstract
It is striking that criminal law syllabi throughout the common law world, including in Hong Kong, primarily focus on homicide, other violent offences, sexual offences, and theft – offences typically categorised as mala in se (evil in and of themselves), as opposed to mala prohibita (wrongful only
due to statutory designation). Yet a predominance of mala in se offences is not what criminal law practice really looks like in Hong Kong, whether in the courtroom or in advising clients. This article utilises police data on crime prevalence in Hong Kong as well as a self-reporting survey of criminal law practitioners in an effort to more closely align the LLB/JD criminal law teaching syllabus with the present and future realities of legal practice in Hong Kong, at least in terms of the specific offences covered. The article concludes with a series of suggested amendments to the typical criminal law syllabus employed in the local jurisdiction.
Keywords: Legal pedagogy, criminal law, offences, criminal lawyers, survey methodology
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