China's growing importance in the world is reflected by the increasing number of students enrolling in postgraduate programmes related to the mainland at the school of law at City University (CityU). Students from the mainland are attracted by the chance to gain an understanding of Hong Kong's legal system, which is based on the common law model. Most of them opt for China-related electives because they enjoy the comparative approach that teachers in Hong Kong take. But China-related courses and modules are also proving popular with students from Hong Kong and an increasing number of overseas students. The master of laws (LLM) programme at CityU is aimed at providing students with an understanding of various types of laws. In addition to a general stream, there are streams focusing on Chinese and comparative law, common law, international economic law and maritime and transportation law. Students can complete the programme in one year of full-time, or two years of part-time study. The Chinese and comparative law stream offers an understanding of China's legal framework, which varies considerably from the common law legal framework practised in Hong Kong, Britain, the United States, and other English-speaking realms. It is the most popular of the six streams, attracting students not only from Hong Kong, but also around the world. There are two required courses: constitutional and administrative law of China, and Chinese civil law and procedure. Students can choose electives from English or Chinese modules. Topics range from the Basic Law to Chinese legal history and legal thought, Chinese criminal law and procedure, advanced issues in Chinese civil law, and law and society in China. Each of the other streams also offers electives related to Chinese law, and a high percentage of students take them. 'Originally, we thought that students from the mainland would not want to take them, but they do,' says Gu Minkang, associate dean, school of law, CityU. 'Because teachers teaching these courses take a comparative approach, even students from the mainland find that these classes are useful for them. A majority of mainland students take some of these electives.' The school started recruiting students from the mainland in 1995. In the beginning only a small number applied. Things changed in 2001 when the school realised that the mainland represented a potentially large market and started recruiting them more actively. 'Now we have 120 students, and roughly 20 to 30 per cent of them are from the mainland,' Gu says. Renmin University in Beijing offers a three-year master of law programme at CityU. It is taught in Putonghua by professors from Beijing. Local students have the option of taking Renmin's and CityU's LLM programmes, and obtaining degrees from both institutions. Since some of the courses overlap, they can get exemptions from four of them. Studying part-time, a student could finish the two programmes in 21/2 years. The two programmes are very different. Renmin's LLM is a research-based programme where students need to write a thesis and defend it in Beijing. CityU's is a taught programme, and no thesis is required. In addition to the LLM programmes, CityU also offers a postgraduate certificate in laws, a doctor of juridical science and a juris doctorate (JD). The postgraduate certificate in laws provides a professional qualification for LLB and JD graduates or non-law graduates who have passed the common professional examination. Graduates can enter the legal profession as trainee solicitors or pupil barristers. It is a full-time course, and takes a year to complete. 'We have an elective called mainland related legal transactions, which is very popular with students and professionals,' says Sushma Sharma, teaching fellow, school of law at CityU. 'It offers a background of the mainland's legal environment - how the party works, how the government works, how Chinese society is changing, laws related to foreign direct investment in China, contract law, financial law in China, and dispute resolution in China.' One-third of the programme's 120 students are taking the elective. 'It will not equip you to practise law in China, but for any lawyers dealing with companies that do business in China, this knowledge would be important,' Sharma says. 'I have seen that there is more demand from the market - especially on the corporate side - for some understanding of Chinese corporate law. This started about three years ago. There is a real need for corporate lawyers with this kind of knowledge and language skills.' One of the key reasons for this increased demand is not only the increasing number of foreign companies operating on the mainland, but also the emerging globalisation of Chinese firms. 'There are a lot of outbound mergers and acquisitions in China,' Sharma says. 'Chinese companies are buying companies worldwide. So a lawyer who knows the Chinese legal system and the common law legal system would be in great demand.' Research programmes leading to master's of philosophy and PhDs round out the school's postgraduate offerings. These put emphasis on the common law foundation of Hong Kong's legal system, while taking into account the growing importance of the mainland's legal concepts. There is also a bachelor of laws with honours at undergraduate level.
