The Criminal Law Syllabus and the Realities of Legal Practice in Hong Kong

25 Pages Posted: 22 Apr 2021 Last revised: 22 Jun 2023

See all articles by Daniel Pascoe

Daniel Pascoe

City University of Hong Kong (CityU) - School of Law; City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

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

Suggested Citation

Pascoe, Daniel, The Criminal Law Syllabus and the Realities of Legal Practice in Hong Kong (March 1, 2021). Legal Education Review, (Vol 30(1), 2020), City University of Hong Kong School of Law Legal Studies Research Paper No. 2021(1)-006, Available at SSRN: https://ssrn.com/abstract=3831702

Daniel Pascoe (Contact Author)

City University of Hong Kong (CityU) - School of Law ( email )

Tat Chee Avenue
Kowloon Tong, Kowloon
Hong Kong

HOME PAGE: http://www6.cityu.edu.hk/slw/people/people_daniel.html

City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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