Postgraduate Certificate in Laws
Encyclopedia
PCLL redirects here. For the lacrosse league in the northeastern United States, see Pioneer Collegiate Lacrosse League
Pioneer Collegiate Lacrosse League
The Pioneer Collegiate Lacrosse League is a conference in the Men's Collegiate Lacrosse Association . The PCLL primarily incorporates teams in New England, New York, and New Jersey and is divided into two divisions, Division 1 and Division 2...

.


The Postgraduate Certificate in Laws (PCLL)(法學專業證書) is an intensive one-year full-time (or two-year part-time) professional legal qualification programme in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

. It allows graduates to proceed to legal training before qualifying to practice as either a barrister or a solicitor in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

. The "LL." of the abbreviation for the certificate is from the genitive plural legum (of lex, legis f., law). The programme can be seen as the equivalent of the Legal Practice Course
Legal Practice Course
The Legal Practice Course also known as the Postgraduate Diploma in Legal Practiceis the vocational stage for becoming a solicitor in England and Wales. The course is the successor to Law Society Finals and is more vocational in its syllabus. The LPC can be taken in many different formats including...

 (LPC) or the Bar Professional Training Course
Bar Professional Training Course
The Bar Professional Training Course is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practise as a barrister in England and Wales...

 (BPTC) in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, which focuses heavily on practical issues, unlike a first degree in law.

Course providers

There are three course providers in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

:
  • University of Hong Kong (HKU)
  • City University of Hong Kong
    City University of Hong Kong
    City University of Hong Kong is a comprehensive research university in Hong Kong. It was founded in 1984 as City Polytechnic of Hong Kong and became a fully accredited university in 1994. It has achieved fast growth in recent years and received international recognition for its academic achievements...

     (CityU)
  • Chinese University of Hong Kong (CUHK) (since September 2008)

Qualification as a lawyer in Hong Kong

As in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, the legal profession in Hong Kong consists of two branches: solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

s and barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

s.

After successfully completing the PCLL:
  • Prospective solicitors go on to complete a two year training contract
    Training contract
    A training contract is a compulsory period of practical training in a law firm for law graduates before they can qualify as a solicitor in the United Kingdom, the Republic of Ireland, Australia or Hong Kong...

     as a trainee solicitor
    Trainee solicitor
    In the United Kingdom, Australia, Hong Kong and certain other English common law jurisdictions, a trainee solicitor is a prospective lawyer undergoing professional training at a law firm to qualify as a full-fledged solicitor...

     to qualify.
  • Prospective barristers, undertake six months of pupillage
    Pupillage
    A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...

     under a pupilmaster before being called to the Bar
    Call to the bar
    The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...

     (admitted as a barrister) of Hong Kong, gaining limited rights of audience (limited practice). After six more months of pupillage, he or she can commence full practice.

PCLL admission requirements

To be eligible for admission to the courses leading to the PCLL, an applicant must have completed their Bachelor of Laws (LL.B.) or equivalent legal studies either in Hong Kong or other common law jurisdictions, or have passed the Common Professional Examinations (CPE or CPEC) of Hong Kong or of England and Wales.

Applicant will have to demonstrate competence in the following eleven 'Core' subjects: Contract, Tort, Constitutional Law, Criminal Law, Land Law, Equity, Civil Procedure, Criminal Procedure, Evidence, Business Associations, and Commercial Law; and three 'Top-up' subjects: Hong Kong Constitutional Law, Hong Kong Legal System and Hong Kong Land Law.

Core subjects

The degree or qualification must be in common law, and should include passes in eleven core subjects, including the following (or equivalent):
  • Contract
    Contract
    A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

  • Tort
  • Constitutional Law
    Constitutional law
    Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

  • Criminal Law
    Criminal law
    Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

  • Property Law
    Property law
    Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...

  • Law of Trusts (or Equity or Remedies
    Legal remedy
    A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....

    ).
  • Civil Procedure
    Civil procedure
    Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

  • Criminal Procedure
    Criminal procedure
    Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...

  • Evidence
    Evidence (law)
    The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...

  • Business Associations (or Company law
    Corporate law
    Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law...

    )
  • Commercial Law
    Commercial law
    Commercial law is the body of law that governs business and commercial transactions...



Six of these must be completed as part of a student's main law qualification: Contract, Tort, Constitutional Law, Criminal Law, Property Law and Equity.

Conversion examinations are offered twice a year for the remaining five subjects.

Students may complete these core subjects:
  • as part of their non-Hong Kong common law qualification;
  • as a visiting "internal" student in one of the three universities awarding LLB and/or JD
    Juris Doctor
    Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

     degrees in Hong Kong and passing the requisite examination; and
  • by passing the relevant subject in the Hong Kong Conversion Examination for PCLL Admission.

New top-up subjects from September 2008

From September 2008 onwards, all candidates with overseas qualifications (i.e. not graduating with a law degree from local universities) must demonstrate competence in the following areas to be eligible for the PCLL:
  • Hong Kong Constitutional Law
    Hong Kong Basic Law
    The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...

  • Hong Kong Land Law
    Property law
    Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...

  • Hong Kong Legal System
    Legal system of Hong Kong
    The law of Hong Kong is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Hong Kong Basic Law. Under the principle of ‘one country, two systems’, the legal framework of Hong Kong is based on the English common law,...



Students may do so:
  • as a visiting "internal" student in one of the three universities awarding LLB or JD degrees in Hong Kong and passing the requisite examination;
  • as part of the Graduate Diploma in English and Hong Kong Law taught and awarded in Hong Kong; or
  • by passing the relevant subject in the Hong Kong Conversion Examination for PCLL Admission.

International English Language Testing System (IELTS)

In addition to the above admission requirements, all students applying for PCLL must take the IELTS
IELTS
IELTS , or 'International English Language Testing System', is an international standardised test of English language proficiency. It is jointly managed by University of Cambridge ESOL Examinations, the British Council and IDP Education Pty Ltd, and was established in 1989.There are two versions of...

English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

 proficiency test (Academic Module), the results of which is not earlier than three years preceding the closing date for applications. A minimum score of 7 is required, as set by The Law Society of Hong Kong
The Law Society of Hong Kong
Established in 1907, the Law Society of Hong Kong is the professional association and law society for solicitors in Hong Kong. The Hong Kong Bar Association is the equivalent association for barristers in Hong Kong....

.

HKU

There are five compulsory subjects: Advocacy, Civil
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

 and Criminal Procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...

, Conveyancing
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....

 and Probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...

 Practice, Commercial Law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...

 and Practice, and Professional Practice
Professional responsibility
Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests....

.

Streaming

In 2007-08, students had to choose one of two streams: CPC (commercial, probate and corporate practice; for intending solicitors) or Litigation (for intending barristers and litigation solicitors). Course content is identical in the first semester. In the second semester, while the subjects taken remain identical for both streams, CPC students focus more on the commercial aspect (letter writing, agreement drafting, etc.), while Litigation students focus more on the advocacy, pleadings drafting and opinion writing aspects.

As all barristers must have taken the Litigation stream, many students wishing to leave their options open may opt for Litigation even if they plan to be a solicitor in the short term, to avoid having to retake the PCLL.

In 2008-09, course syllabuses are undergoing some change and may not reflect the above.

CUHK

The programme is taught in two stages. In the first term, five compulsory subjects involve the study of core practice areas necessary for progression into the second term: Professional Practice
Professional responsibility
Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests....

, Commercial
Commercial law
Commercial law is the body of law that governs business and commercial transactions...

 Practice, Property
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....

 and Probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...

 Practice, Civil Litigation
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

 Practice, and Criminal Litigation
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...

 Practice.

In the second term, students are free to choose five electives which builds upon the core skills and knowledge from the first term. Though there is no streaming in the PCLL programme between intending Barristers and Solicitors, students who intend to seek admission as a Barrister in Hong Kong must undertake the following three courses: Trial Advocacy (taught intensively in the summer term), Writing & Drafting Litigation Documents, and Writing & Drafting Opinions and Advices.

Course fees

Course fees in HK$
HKU CityU CUHK
Full-time (government-funded) $42,100(1) $42,100 $42,100
Full-time (self-funded) $95,000 $145,080 $132,000
Part-time $110,000(2)

(1)$100,000 for non-local students

(2)Payable in two annual installments of $55,000 each

HKU

The HKU (full-time) intake is currently slightly under 300 students per year (and decreasing), with approximately 70-80 of those from its own LLB programme. Others come from universities in other common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 jurisdictions, particularly the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

.

The minimum academic level required has increased with each intake. Previously, all HKU LLB graduates would have been admitted into its PCLL programme; now, just over two-thirds are admitted (i.e. at least a decent 2:2 honours in the LLB). Non-HKU-LLB students usually require a 2:1 honours.

In 2007-08, 170 places were government-funded and 117 were self-funded.

CityU

The CityU PCLL intake is currently around 100 students per year, with approximately 30-40 of those from its own LL.B. programme. Others come from universities in other common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 jurisdictions, particularly the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

 and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

. Non-CityU-LLB students usually require a 2:1
British undergraduate degree classification
The British undergraduate degree classification system is a grading scheme for undergraduate degrees in the United Kingdom...

 or high 2:2 honours

Based on student intake figures for 2007, the PCLL acceptance rate of CityU LLB and JD
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 students is 56.6%Figures of City University Law Programs.

CUHK

The CUHK Faculty of Law commenced its PCLL in September 2008, with the current maximum student intake around 150. Admission to the programme is keen. Successful applicants have, on the whole, achieved at least a 2:1 honours (or its equivalent) in their first law degree.

The course is only offered as a one-year full-time course, with one point of entry in September.

See also

  • Legal Practice Course
    Legal Practice Course
    The Legal Practice Course also known as the Postgraduate Diploma in Legal Practiceis the vocational stage for becoming a solicitor in England and Wales. The course is the successor to Law Society Finals and is more vocational in its syllabus. The LPC can be taken in many different formats including...

     (LPC)
  • Bar Professional Training Course
    Bar Professional Training Course
    The Bar Professional Training Course is a graduate course that is completed by those wishing to be called to the Bar, i.e. to practise as a barrister in England and Wales...

     (BPTC)
  • Common Professional Examination
    Common Professional Examination
    The Common Professional Examination is a postgraduate law course in England and Wales that is taken by non-law graduates wishing to become either a solicitor or barrister in England and Wales...

     (CPE), or Graduate Diploma in Law (GDL)
  • Graduate Diploma in English and Hong Kong Law
    Graduate Diploma in English and Hong Kong Law
    The Graduate Diploma in English and Hong Kong Law is a Hong Kong diploma programme that allows students that did not take law as an undergraduate degree The Graduate Diploma in English and Hong Kong Law (GDEHKL) is a Hong Kong diploma programme that allows students that did not take law as an...

    (GDEHKL)

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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