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

Abstract

Criminal law syllabi throughout the common law world, including in Hong Kong, primarily focus on homicide, other violent offences, sexual offences, and property offences – offences typically categorised as mala in se (evil in and of themselves). They do this largely for traditional reasons – because these are the crimes which the syllabus has always focused on. Yet this is not what criminal law practice really looks like, whether in the courtroom or in advising clients. This research study utilises 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 empirical findings suggest that legal educators in Hong Kong ought to consider adding drugs, driving, regulatory and ‘white collar’ offences to the criminal law syllabus, while removing homicide and sexual offences entirely. These new inclusions serve as sufficiently nuanced illustrations of the general principles of criminal liability, help students to develop a critical perspective towards crime and criminalisation, while being frequently encountered in local criminal practice.