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廣州律師事務所實習計劃
香港與內地青年法律交流周感想
Shenzhen Summer Internship Experience Sharing
參觀民航處及政府飛行服務隊後感
Chengdu Study and Exchange Programme
Beijing Study and Exchange Programme
Prison Visit
Summer Legal Placement
廣州律師事務所實習計劃

我在是次交流活動中被派往廣東合盛律師事務所實習。合盛是內地少數採用公司制的律師事務所,與傳統的合夥制度相比,更重視律師團隊之間的合作關係,公司文化開放融洽,使我非常享受與合盛團隊的相處和交流。在一星期的實習期間,我有任何問題都能隨時自由發問,各位律師均十分樂意指教,使我獲益良多。

在實習期間,我接觸了數份勞動糾紛案卷,以及大量關於股權轉讓以及併購的案件。我歸納了在內地處理股權轉讓三個需要注意的地方。首先,必須確認協議各方,包括標的公司、轉讓方以及受讓方具有合法的民事主體資格。第二,必須證明轉讓方合法持有股權。第三,必須確認轉讓程序合法文件齊備(包括資產評估報告書、收購方對有關交易的說明及擬簽訂的產權交易合同等)。我亦綜合了內地律師參與併購必須留意的五個基本步驟。首先,必須根據出售方的要求,開展相關的盡職調查。這包括確認收購方的主體合法性、基本的支付能力、內部決策的合法性和收購行為的合法性,以及被收購方的主體合法性、內部決策合法性和債權及債務情況等。第二,協助公司在交易開始前進行內部的交易模式策劃、稅務籌劃及談判策略研究。第三,應出售方要求協助進行股權評估。第四,協助進行併購協議設計及審查,簽署相關協議和所有必需的法律文件,協助辦理相關審批和登記手續。第五,在特殊情況下進行反壟斷審查。

除了閱讀案卷,我亦有機會隨同不同律師到天河人民法院,參與了立案和訟裁的過程,並旁聽一宗牽涉內地大型網購網站「天貓」的合同糾紛案件。透過參與審訊,我認識到本港普通法與內地大陸法系的幾點相異之處。首先,本港律師在審訊過程擔任重要地位,法官則擔當中立的裁判角色,絕少干預律師陳詞與盤問證人等等;內地法官則採取主導地位,領導整個審訊過程,並負責向雙方律師提問。第二,在審訊內容方面,內地法庭側重審視證據,對法律條文的解讀 (interpretation)似乎比較少爭議,甚至整個審訊不需引用任何法律條文。最後,雖然內地也會參考判例,但法庭較少就判例作出深入討論,也不會研究判決理由 (ratio decidendi)或嘗試區別(distinguish)案例與正審訊的案件本身。

隨著內地繼續深化改革開放,對外地法律專才的需求必然與日俱增,為本港律師帶來不少發揮的機會。總的來說,是次實習使我更了解內地律師的工作,並令我認識本港與內地法律體系的不同之處,相信能助我更有效把握內地發展所帶來的機遇。

黃思恆 香港大學 法律系三年級

今次有幸參與由香港法律交流基金會舉辦的廣州律師事務所實習計劃,大大拓闊了我的眼界,並增進對內地法律行業實際運作的了解。是次實習計劃為期兩星期,而我和其他四位同學被分配至位於廣州市天河區的國信信揚律師事務所工作。甫到達實習單位,律所的行政總監涂書館主任熱情地接待我們,他簡單介紹國信信揚的歷史、主要業務範圍,以及分配同學至各部門實習,而我則選擇了於訴訟部工作,跟隨不同的專職律師學習訴訟過程中的不同程序和實務經驗。

在實習開展後,馬組長給予我們一份中國民事法和刑法的訴訟守則,當中詳盡地陳列了各訴訟程序,包括立案、送達、證據處理、審判準備、仲裁守則等資料。香港實行普通法,與中國內地的大陸法制度有許多分別。這次實習令我加深對中國內地法制的了解,並親身體會其實際運作的過程。

於實習的過程中,我深深體會到國信信揚律師事務所的專業服務精神。首先,各部門的架構精簡而清晰,而且不同的專職律師各有所長,例如訴訟部的律師均對商業訴訟有很深的了解。再者,律師們都會在準備案件時花上大量時間去研究法律觀點,然後再向客戶解釋,以作進一步的行動。因此,我在旁觀察的時候也獲益良多。

值得一提的是,國信信揚與香港的麥家榮律師事務所於前海成立了廣州首家粵港合夥聯營律所,為企業提供涉及內地和港澳法律服務,例如境內外投資、自貿區法律服務和海外商賬追收等。雖然是次實習沒有機會到前海視察,但律所內的律師都很耐心和仔細地向我分析了粵港聯營律師的事宜。粵港融合是當今經濟發展的趨勢,而當內地市民需要處理在香港的法律事宜時,只需在南沙完成,不必再奔走兩地,省卻交通時間,增加業務效率。

最後,我想藉此機會感謝香港法律交流基金會、中聯辦法律部及國信信揚律師事務所向我提供這個寶貴的學習機會。衷心希望未來香港法律交流基金會會繼續舉辦各種交流活動,令學生有所禆益!

李澤翰 香港中文大學 法律系四年級

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香港與內地青年法律交流周感想

與一般旅遊團不同,是次交流周的主辦單位除了安排我們到中國西北部多處名勝古跡遊覽外,更在行程的上半段安排了多個由著名學者主講的講座,涵蓋多個與經濟、民生、社會有關的議題,對於來自香港的我們來說可謂大開眼界。

令我印象尤為深刻的講座一共有三個,第一個是丁賽爾研究員有關‘內地青年就業創業政策’的分享,這次活動大大加深了我對內地大學生就業支援和各種配套措施的瞭解,我認為其中部分政策實在值得香港參考, 譬如丁老師指出有鑑於不少高校畢業生不願意到偏遠地區工作,因此國家為了鼓勵優秀人才為祖國西北部的發展出一分力,近年推出‘代償學生貸款安排’,也就是說師範類、醫學和農學專業的學生如果自願到大西北的貧困地區工作就不用償還本科或研究生時期的學生貸款。 雖然香港經濟相對發達,不過部分行業,尤其是教育界,卻嚴重缺乏優秀人才。由於老師是培訓社會未來棟樑的重要一員,這種現象並不利於香港的長遠發展。 因此香港大可參考內地的做法,推出為師範專業的學生提供代償學生貸款的安排,以此鼓勵更多高質素的年青人投身教育界。

蘭州大學法學院院長劉光華教授的‘甘肅絲綢之路經濟帶法治講座’是第二個令我獲益良多的學術交流活動。 劉教授除了深入淺出地介紹了‘絲綢之路,亦揭示了過去多年,部分外資企業透過血汗工廠剝削中國工人,造成貿易不公。劉教授的講座更是一節‘德育課’,他不時提及一些現代人嚴重缺乏的傳統美德,包括‘孝道’、‘窮則獨善其身,達則兼濟天下’等思想。 近年不少人埋怨香港社會道德淪喪,擔心香港的競爭力因而逐漸減退。我認為要解決問題,唯一辦法就是香港在各方面,尤其是教育制度方面,不斷自我完善,例如在中、小學廣泛推廣此類德育課。

此外,與敦煌村官就‘青年人的理想與奉獻’開展的座談會也很有意義,村官們寶貴的經驗和解決問題的方法對於即將工作的我實在很有啟發性。

是次交流活動除了令我有機會遊覽莫高窟、陽關、鳴沙山和月牙泉等蜚聲國際的古跡外,更讓我深切感受到敦煌市在過去20年的急劇變化和高度發展。 90年代的時候,我曾經看過一些關於敦煌的紀錄片,記得那時候敦煌不過是一片荒漠。 時至今日,在國家政策的大力支持下,敦煌已蛻變成一個現代化城市,雖然基於氣候和地理原因敦煌的市區面積不大,但整個城市包括位處沙漠地帶的風景區均備有一流的規劃和設施。 希望以後更多人到敦煌旅遊,刺激當地經濟發展!

最後,我想透過這個機會向香港法律交流基金會、中聯辦、中國法學會、甘肅法學會以及所有志願者表達衷心的感謝!希望以後會有更多類似的學術交流活動,以提升香港朋友對國情的瞭解,同時也祝願祖國永遠繁榮昌盛!

李敏慧 法學專業證書課程 香港中文大學

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Shenzhen Summer Internship Experience Sharing

I worked as Summer Intern with Guangdong Zhuojian Law Firm in Shenzhen for 2 weeks. Such an experience allowed me to gain profound understanding of the legal system in the mainland China and the development of the legal profession in the city.

Zhuojian is a fast growing law firm in Shenzhen. Established in 2007, it has grown into a sizeable firm with a variety of practices and already gained reputation in the profession for its efficient and excellent services. The legal practitioners in the Firm have fully shown their enthusiasm since the very first day when we arrived at its office. Apart from answering our questions, they have also been very proactive in sharing with us their experience, both at individually and firm-wise levels.

I would like to take the chance to share with you on the following aspects in which I have gained insights during the internship.

Management of the Law Firm

Zhuojian has revealed its adamant attitude in building and managing a solid and unique culture of its own. The mission of Zhuojjian is to provide the best solutions for the clients. In order to work towards its mission, the Firm has placed much emphasis on cultivating its culture of enthusiasm, efficiency and ‘can-do’ attitude. The Firm has 3 distinctive values – value of creating a home, value of continuous learning and value of working as a team – altogether known as “Zhuojian values”. What impressed most are the words of wisdom hanging up high all over its office. Among all, my favourite is ‘Individuals can make small successes, but huge successes will only come from team cooperations’. Besides that, the Firm has also founded an Academy for Lawyers for the purpose of providing trainings for legal practitioners in Shenzhen. As an intern, we have the opportunities to join a few of its activities and all of them are very rewarding and inspiring.

Judicial Reform in Shenzhen

During the internship, I was fully aware that Shenzhen has long been, and is still, positioned as a city of innovation and reforms in China. In light of the national judicial reform, Shenzhen has taken the lead to roll out reforms for the judges’ profession in terms of restrictions on taking up administrative posts by judges and the profession’s pay scale. These moves are seen as a step to achieving the rule of law and allow justice to be done and seen to be done. Apart from that, the judiciary has also carried out reforms in the formats and classification of judgments for the purpose of enhancing efficiency and promoting the citizens’ understanding of the contents of the judgments. All of the above allow to ‘feel’ the determination in reforming the system personally, rather than simply being told by the others.

Management and Regulation of the Legal Profession

Through the exchange with the practitioners in the law firm, I have learnt that the management of the legal profession in the mainland is quite different from that of Hong Kong. In Shenzhen, there is an administrative organ known as Municipal Justice Bureau which has the duties and powers of regulating and offering guidance to Shenzhen Lawyers’ Association, all the law firms and the lawyers registered in the city. If the law firms and the lawyers under the Bureau have breached the concerned rules or regulations, both the Lawyers’ Association and the Bureau can handle and penalize those misbehaved law firms and lawyers. On the contrary, the monitoring of the lawyers is pretty much taken control over by the self-regulating body established by the legal industry in Hong Kong. Cases of misconducts are handled by either the Law Society of Hong Kong or the Hong Kong Bar Association.

Despite the significance of the role of Municipal Justice Bureau currently playing, I have observed the eagerness of it in enhancing the functional aspect of the Lawyers’ Association. One of the examples is that the Bureau has formally transferred the substantive duty of management of the trainee lawyers to the Lawyers’ Association in 2008.

Interactions between and Integration of Shenzhen and Hong Kong

Recently, the Ministry of Justice has approved the concept of establishing partnership law firms among Hong Kong, Macau and the Mainland lawyers. I believe that with this catalyst, Hong Kong law students and legal practitioners would be more motivated to take time in understanding the differences of the legal systems in Shenzhen and Hong Kong in order to grab the opportunities down the road of development and integration. During the internship, I was able to see a lot of small and big differences between the two, for instance, the need of security check and identification verification when you need get into the courts in Shenzhen (which are absent in Hong Kong) and which particular court you have to go for when you need to file a case in different districts in Shenzhen. No doubt I find the 2-week internship very eye-opening and I am glad that I was given the privilege to network with a lot of brilliant legal practitioners in Shenzhen.

Last but not least, I would like to express my gratitude to Hong Kong Foundation for Legal Studies and Zhuojian for such a precious learning opportunity.

(Sharon Tam, PCLL, HKU)

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參觀民航處及政府飛行服務隊後感

在今日全球化的世界裏,跨國的商業和法律接觸日益頻繁。 對不少律師而言, 在長時間的航程中準備會議、閱讀個案 ,已經不是陌生的經驗。與此同時,不少國際律師行也為新聘律師提供出外公幹和海外訓練的機會。飛行,成為了今日法律專業不可或缺的一部分。

為了認識客機以外的飛行世界,一群法律學生、律師與大律師紛紛在星期六的清早爬出了繁忙的日程表,懷著雀躍的心情,乘車往位於機場的民航處及政府飛行服務隊總部出發。

經過一小時的車程,參觀團抵達位於香港國際機場的民航處總部。從車窗望出去,可見民航處總部大樓的三座大樓雄踞一方。在萬里無雲的藍天下,大樓流線型的建築與玻璃牆身折射著朝陽,顯得朝氣勃勃,整座大樓彷彿隨時都要振翅起飛。我們魚貫下車,展開了一整天的參觀。

在民航處主樓偌大的會議廳中,民航處職員向我們介紹民航處的工作、相關的航空法律,以及一般航空知識。在兩個小時的演示及展覽中,我們了解到,民航處作為香港的航空交通管理服務政府部門,一直致力於安全、有效率及可持續發展的航空運輸系統。他們的每一個工作,包括制訂和貫徹執行機場安全及航空保安標準,監管香港註冊的空勤人員、飛機維修工程師 、香港認可的飛機維修機構和航空公司,以及香港飛行情報區內提供航空資訊服務及警報服務,對於確保每一個飛機乘客的安全,都十分重要。

那麼,民航處與法律學生又有甚麼關係呢?原來,民航處的工作之一,就是維持有效航空法律制度,以實施根據適用國際民航公約制訂的相關條文。假如我們日後在執業的時候,客戶遇到任何有關飛行的疑問,甚至是簡單至模型飛機放飛的問題,我們將會需要參考航空保安條例,或者向民航處申請相關許可。

飯後,我們離開了民航處,到達了政府飛行服務隊位於香港國際機場西南端的總部。身穿藍色連身衣的工程師帶領我們走進演講室,向我們耐心講解服務隊的性質和工作。政府飛行服務隊是香港特別行政區政府轄下其中一支紀律部隊。服務隊的主要工作為搜索及救援 、運送傷者、撲滅火警和支援警隊行動。一般來說,服務隊負責的範圍遠達1300公里,每當有意外發生而且需要飛行服務隊的協助,身穿橙色連身衣的行動組組員就會駕駛不同型號的定翼機、直升機,快速到達事發地點,並游繩進行救援。

在行程中最令同學們雀躍的,就是到停機坪參觀政府飛行服務隊的機隊了!機隊共有十架飛機,包括兩架捷流41型定翼機、一架Zlin Z242L定翼機、三架歐洲直升機公司AS332 (超級美洲豹L2) 直升機及四架歐洲直升機公司EC155 B1 (EC155) 直升機。除了把握機會拍照外,我們也親身坐在機上。想到政府飛行服務隊隊員每天就坐在同一個位置上,準備就緒,一飛衝天,拯救傷者的情景,我不禁感到肅然起敬。

時光轉瞬即逝,離開的時候已經是下午四時了。道別之際,在政府飛行服務隊總部的大堂裏發現有一塊閃爍生輝的鏡面牌匾,上面寫著:「Four men out, four men back. The fifth is a bonus.」這既是第二任政府飛行服務隊總監畢耀明對隊員的叮囑,也反映了政府飛行服務隊的隊員肩負的重大使命。

不少律師對於飛行的認識,只局限於那軟臥座位和飛行的經驗。事實上,一次航程,既代表了政府部門的努力成果,也可以是以生命為賭注的以死相救。在監管的過程中,法律的框架扮演了連結不同持分者的重要角色。今次的參觀令我明白,飛行與法律,的確息息相關。也許,律師的使命,在某種程度上也如同政府飛行服務隊一樣偉大。

蘇惠筠
香港大學工商管理(法律)系四年級生

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Chengdu Study and Exchange Programme

I never had thought Christmas would be an incredible learning experience. I was very fortunate to be offered an opportunity to join the Chengdu Study and Exchange Program organized by the Hong Kong Foundation for Legal Studies Limited. These unforgettable five days, allowed me to see with my own eyes, a city of immense culture, and most importantly a better exposure to the Chinese legal system.

What I appreciated most in this trip, was the opportunity to meet and talk to people whose cultures differ to Hong Kong, such as the chance to make friends with students from Sichuan University and also the chance to exchange ideas on the topic of legal aid. In the discussion, I realize the systems of legal aid are completely different; in Hong Kong, legal advice must be given by practice lawyers; where in China, senior law students are eligible to give the advice. I was quite surprised at first, but after deeper thoughts, this system, of allowing law students to give advice, is a real advantage as they could get their hands on handling real legal cases. Not only the discussion on the difference between the two legal systems, we are able to learn more about their career, for example, the future career path after graduation, how the locals perceive lawyers and their law examinations.

Photo taken in the front of Sichuan University library

One of the most impressive destinations was the Standing Committee of the Sichuan Provincial People's Congress. It was a non-public place, where we had the opportunity to visit and interact with the people of the high office. Additionally, we went to two Sichuan courts and the Hong Kong Economic and Trade Office in Chengdu. Through these visits including a hearing in a Sichuan court, I started to get the image of how the legal system operates in China. It is more than just a system where Hong Kong people usually perceive as a non-independent system where it may seem difficult to bring justice. It may not be true. People are the base units of every society, where each and every carry power, thoughts and propensities. China has a population of over 13 billions of people, the needs of each individuals varies which could be very complicated and alter each policy Hence, I am convinced that, with their history and traditions, the China can establish their one and only China legal system in this generation.

Photo taken in the Standing Committee of the Sichuan Province People's Congress

No one can forget the earthquake that took place around five years ago. Travelling to the aftermath of Beichuan, where the earthquake destroyed mountains, towns and villages from the face of the map, it is truly unimaginable the power of nature and how this tragedy that took away more than ten thousand lives. When I walked along the newly constructed pave way, with two sides of the collapsed buildings, I saw a girl of my age coming out from one side of a building with all traces of tears on her face. I believed she had just prayed to her loved ones who passed away in this incident. Living in a place like Hong Kong, without natural disasters like hurricane or tsunami, I could hardly imagine the pain of losing loved ones and wiping out the home you have had since childhood. It was a very cold day when I visited and I could visualize the harsh winter in the mountains of Sichuan, where millions of victims lived in temporary housing that gave little protection against cold wind and rain. We are blessed as we live in a materially affluent place, we live in the generation of we can get what we want. Sometimes, we take things for granted, therefore I learnt that I shall treasure everything I have at present, including time with families and friends.

We prayed those who lost their lives in that incident.

Other than confidential and stern places, we had been to tourist attractions including the Wuhou Memorial Temple which was one of the most valuable cultural relic and the most influential historical sites for The Three Kingdoms period. The most impressive landmark is the Chengdu Panda Breeding and Research Centre. The pandas we have seen in Hong Kong Ocean Peak are already adults, over 5 years old. Pandas in Chengdu are still in puberty, they are around 1 -2 years old, which are apparently more animating and most adorable; some pandas even climbed up a 5-metre high tree! After every daytrip, I hanged out with friends to try the local spicy food like hot pot and noodles. We had a good time exploring around the hotel, since the hotel was arranged on a street bustling with life. It was one of best moments to try Sichuan hotpot which was filled up with hot spice and Sichuan pepper where we can experience the numb and spicy. We revel in our good times and took videos and pictures with our new friends to capture the fleeting yet memorable moments.

The spicy hot pot enjoyed with friends after a daytrip

To summarize these five days, I can use three words to describe it: inspirational, substantial and overjoyed. The entire trip was well-offered; ranging from food to hotel, every fine point in the tour was planned and well-organised. Outside the classroom I got to see the cultural aspects of Sichuan, the food the culture. And the ability to see the aftermath of the earthquake was life-changing . The trip leaders are all legal professionals and the trip members are from different years and universities. We chatted and my knowledge on this career and the Chinese legal system was greatly expanded. Last but not least, I meet more friends. I enjoyed learning and playing a lot in the entire exchange program and will definitely join the activities and trips organized by the Foundation. I will surely recommend law students to join as the trips are indeed worth going.

Dinner prepared by the Sichuan Provincial Higher People's Court and other legal professions

Photo taken with friends in the Chengdu Panda Breeding and Research Centre

Hui Ka Lam, Year 1 LLB Student, City University of Hong Kong

Was it the heavily subsidized admission fee or its unique location that enticed me into joining the trip to Chengdu 2012/2013 organized by the Foundation for Legal Studies? At the end of the trip, it was none of them; it is the various opportunities to observe, from an objective window, the political and legal systems in China, and the culture of Si Chuan.

First, let us talk about “various opportunities”: a court observation at the local High Court, a conference with the representatives of the Si Chuan Province People’s Congress, a moment of silence at the earthquake site Beichuan, a travel back in time to the ancient city at Sanxingdui……the list goes on. Not to mention that some of these sites are out of bounds for the common folk, others are so profound that I would never forget; the revival of Beichuan from rubbles to a lively city still stirs much thought regarding our motherland China: how do we strike a balance between humanitarian issues and progress? How to eliminate the culture of officials building infrastructure just for the sake of impressing the communist party? Despite the multitude of thoughts, the conclusion is this: though needing much improvement, China has stepped out from its darkest days and would continue to excel in international stature. It is also without doubt that our generation would either see through this momentous project or to lay down the stepping stones towards it.

Patriotism and nationalism in this country is often politically associated with “red”-as in pro-communist party. Blind nationalism is certainly destructive to the individual soul, yet objectivity defeats that notion, which is exactly what the Foundation provides. It is easy to stay in Hong Kong and base our understanding of our country on the “entertaining” press. To step onto this huge landmass and walk into the lives of modern Chinese is but the most authentic experience one could hope to have. To believe solely the words of the state-assigned tour guides is ludicrous and is not what this trip encourages; the Foundation nurtures a multi-perspective-environment and encourages the participants to embark on the never-ending journey to seek answers from multiple sources.

I look intently to other projects held by the Foundation and would sign up without hesitation.

Julian Tam, Year 1 LLB Student, City University of Hong Kong

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Beijing Study and Exchange Programme

The Beijing Summer trip was not the first event I participated organized by the foundation. In winter 2010, I was first invited by my fellow schoolmates to attend the excursion to Wuhan which had widely broadened my perspectives and radically changed my attitude over the mainland ever since. Likewise, this year’s Beijing trip was equally fruitful and rewarding. It offered not only an opportunity to further understand the Chinese legal system, yet also a privilege to visit establishments and authorities that would otherwise be inaccessible. The chances to learn from prestigious, renowned scholars and legal experts of China were significantly beneficial to young law students enriching not only legal knowledge, but also a more balanced, comprehensive picture of the mainland situation untainted by the media.

Chan Chi Ho, Final Year LLB Student, City University of Hong Kong

適逢香港回歸祖國15周年,我參加了由香港法律交流基金會組織的北京法律研習交流團,在這個具有特殊紀念意義的年份,參加了這個具有特殊意義的活動,我深感幸運和感謝。 幸運的是,作爲一個香港的法律學生能夠那麽真實地參觀訪問祖國的政府機搆,與中央高官進行面對面心交心的討論交流,深入地了解中國特色社會主義法律體系和一國兩制與香港基本法,品嘗北京的地道美食和遊覽藝術文化街區;感謝的是,團長廖長江,副團長劉嘉華、許祈峰及其他工作人員爲了交流團的順利開展而付出的艱辛和努力,由於你們的付出才讓我們有如此大的收穫,在此,請允許我代表全體團員向你們表示由衷地感謝!

近年來,內地同胞熱衷於向香港學習,越來越多的內地生來到香港求學,學習香港的國際化開拓世界眼光;香港的青年人也熱衷於學習向祖國學習,學習祖國的風土人情,其中還有不少香港人北上就業。這是一種相互交流學習的良好循環,應該引起香港青年人的重視。此次北京之行,正是體現了香港青年人對祖國文化的熱愛和追求。可以想象,我們一群學習法律的香港青年人,平時只有在課堂上才能學習到“一國兩制”和香港基本法的内容,如今卻可以跟制定、研究基本法的專家學者一起探討和交流“一國兩制”的無限魅力和香港發展的宏圖大業;平時只有在電視上新聞上才能看到的人民大會堂和中央高官,如今卻可以身在其中並與之交流;平時很想深入學習的中國特色社會主義法治,如今也可以在知名教授的帶領下一覽它的風采。此行,我們在每一天交流團精心安排的緊湊行程面前,顯得求“知”若渴,我們每一天都充滿期待,充滿收穫,充滿歡樂。我們看到了偉大祖國的繁榮昌盛,看到了中央對香港的支持和特殊期望,看到了中央對香港青年人發展道路的重視……

有人在質疑,香港國際金融中心的地位逐漸被新加坡等城市所取代,而中國大陸也將再造幾個香港,香港的地位和優勢將逐漸失去。然而,我們知道,香港這所城市得天獨厚。自開埠以來,香港人以其勤奮靈活,努力進取,無畏無懼的獅子山精神創造了一個又一個的奇跡。今天的香港,經濟繁榮、民生改善、民主發展、法制鞏固、社會和諧,“一國兩制”的科學構想在這片土地上率先實踐,變成生動的現實,取得巨大的成功。“香港好,國家好;國家好,香港更好。”歷史和現實已經證實了這句話。改革開放以來,大陸經濟騰飛,如今以成爲全球第二大經濟体。回歸以來,香港經濟發展更是緊跟祖國崛起的步伐,實現了持續高速發展,完成了向高級服務業的轉型升級,進一步鞏固和提升了國際金融、貿易、航運中心地位,寫下了更大、更美、更爲舉世矚目的新的奇跡。

當然,我們在看到成績的同時,也應該清醒地看到香港仍然在經歷著亞洲金融的後遺症,房地產泡沫破滅,製造業北移使香港空心化,高科技產業轉型難等困難。作爲新一代的香港青年人,我們生於80、90年代,我們對祖國大陸的學習程度更加熱忱,向世界學習的程度更加熱忱,我們有理想,有追求,有自己内心守護并堅持的核心價值觀,善於學習,勤於思考,我們有能力有信心把我們共同的家園建設好,讓香港繼續微笑!

正如歌神許冠傑在他的歌中所唱的:

繼續微笑
縱使悲傷往事忘不了
縱使驚恐困惑停不了
縱使心中滿寂寥
帶著微笑
珍惜此刻有豔陽高照
珍惜此刻你仍然心跳
也可呼吸與呼叫

陳曉鋒 博士研究生 香港城市大學

I am honoured to have participated in the Guangdong Exchange Programme organized by the Hong Kong Foundation for Legal Studies back in June 2008. Not only did I gain an insight into the Chinese legal system through court visits and seminars, I also learnt about many other aspects of life – ranging from the rural, educational to political – in modern China. One particular highlight for me was the sharing session with students from Zhongshan University on the last day of the programme, during which all participants displayed honest, diverse and informed opinions towards China's future development. It is the combination of opportunities for learning and fostering meaningful friendship, that make the Guangdong Exchange Programme a truly extraordinary experience.

Kelvin Cheung, trainee solicitor, working at a city firm.

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Prison Visit

It was an extremely rewarding and valuable experience to take part in a visit to the Pik Uk Prison, a minimum security correctional unit. The visit has greatly widened my knowledge on the type of correctional services provided in Hong Kong. The prison aims to train the prisoners to acquire necessary skills and appropriate discipline in preparation for their future life rather than to penalize them by simply locking them up. The numerous types of training and work provided by the unit, such as computer training and furniture building, were also out of my expectation. In chatting with the friendly officers who guided us throughout the visit, their answers have cured my curiosity of the type of prison life provided and have marked a new page for my legal education.

Yolanda Chung, PCLL Student, Chinese University of Hong Kong

The 2 hour visit to the Pik Uk Prison had reminded me the correctional and rehabilitation functions rather than the penal effect of a prison on offenders. While we were toured around different areas inside the prison, officers had repeatedly reminded us that the Pik Uk Prison was one with minimum security. Although prisoners work, eat and rest under strict surveillance, cells were designed to allow normal socialization between inmates, and industries and vocational training were provided to them especially before release. Pik Uk Prison demonstrated a well balance of high level discipline required from the prisoners and a respect for their dignity.

Shanon Tsang, Second Year LLB Student, Chinese University of Hong Kong

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Summer Legal Placement

It has been 4 years since I read law in university. This summer, as my very last summer vacation of my Bachelor of Laws degree programme, I chose to do something which is really different. That is, to take part in the Summer Legal Placement Programme in Shanghai. It is about law after all, but the experience to work and live in Shanghai for 4 weeks is something that cannot be attained so readily elsewhere.

Now, the Summer Legal Placement Programme has come to an end. One can hardly imagine that it has been 4 weeks already. It is long. However, like many of us who enjoy the fascinating learning experience here, I find that the period of 4 weeks is still far too short for me to explore the Chinese legal system, the practice of the Shanghai Maritime Court, the city, and most importantly, the people here.

It is not easy to express my reflections from the Legal Placement Programme here as what I have gained is certainly beyond the scope that words can describe. I can only describe what I think of the Legal Placement Programme, and also, share what I have gained throughout these 4 weeks.

In April, when I got to know this programme, I looked at myself. I saw a law student who has studied law in Hong Kong for 4 years with legal work experiences in Hong Kong. This was pretty much the end of my bachelor degree study.

I have learned a bit Chinese law, nevertheless, my understanding towards the Chinese legal system and practices is still limited. Understanding that one can never experience something vividly until he puts himself into that environment, without any second thought, I applied for this programme with the expectation that I can gain some hands-on experience with the courts in mainland China.

I am very blessed to be selected as one of the participants and be arranged to have the placement with the Shanghai Maritime Court. It is a great learning experience. It is an experience which enables me to have a real taste of how the court in mainland China operates. It is an opportunity that I can never get in Hong Kong.

After the Legal Placement Programme, if one asks me whether I have learned a lot, I can easily point to the things remained to be learnt. However, by comparing my understanding of mainland's legal system and operation of court before and after the Programme, actually, with the effort of the organizer, the excellent arrangements and learning programmes prepared by the Shanghai Maritime Court, I have experienced so much that I did not expect I could have gained all these before I participated in this Programme.

Before the Programme, the main difference that I could pinpoint concerning the difference between Hong Kong and mainland China is that there are two different legal systems. With the contrast between common law and civil law system, the conduction of trial, court procedures, appointment of judges, legal principles, etc varies significantly. With the advancement of communication technology, though we can always learn some more differences on our own by surfing the internet, it cannot be better than learning the difference by experiencing it myself.

The arrangement prepared by the Shanghai Maritime Court is both fruitful and thoughtful. It is fruitful in the sense that we are arranged to have different programmes such as seminars, discussion forums, case hearing, judgment writing exercise, mooting and also out-of-court visit One could contemplate how packed the programme is going to be by scanning the programme schedule distributed to us on day one.

Yet, simply having a packed schedule does not the Placement in Shanghai Maritime Court good. Another component that makes this placement a great one is the thoughtful arrangement.

Rather than arranging us to learn from any particular judge over the 4 weeks, the Shanghai Maritime Court kindly gives us the opportunity to learn as widely as possible within the month we stay there. The idea is that, every week, we have programmes with a particular sub-court. Therefore, over the 4 weeks, we have exposure to Li'an Ting (立案廳), Haishi Ting (海事庭), Haishang Ting (海商庭)and Yangshan Paichu Fating (洋山派出法庭).

It has to be acknowledged that having the attempt to learn diversely with 4 sub-courts inevitably affects the depth of experience we can get in any single sub-court. Nevertheless, I would not have wanted the arrangement to be changed. The reason is very simple. It is only with such an arrangement that we can gain a broad picture concerning the work of Shanghai Maritime Court. Having the macro-perspective about its work can provide us with a solid foundation for understanding more about the operation of PRC courts in the future.

Apart from the general arrangement by the Maritime court as a whole, specific arrangements that we had in every single court are also impressive.

We laid the foundation of everything by learning from the Li'an Ting (立案廳)so that we can gain the first taste of how a case is filed in the Shanghai Maritime Court and the knowledge about what the Court works, how the cases are divided among different sub-courts, etc. After that, we were exposed to some more specific areas. For instance, by spending a week in Haishi Ting (海事庭), not only can I know more about the procedures of trail via the seminars and case hearing, I can also acquire the knowledge of the operation of the shipping business. Before that, I thought shipping business should be rather similar to other commercial practice in the sense that common sense is applicable to consider the matters in dispute. However, it is not until the case analysis with the judge that I know that the shipping business practice can be very different from other sectors of business.

This once again reminds me that what I have learned from books and university is so limited. To be a better part of the legal profession in the future, there is still much that I have to equip myself with. Even though my future career may not relate to maritime law, it is certain that the skills and attitude I have acquired through learning more specific practices of shipping business will be very helpful when I have to face new challenge . This is particularly important for my future legal career because lawyers are always required to keep themselves updated of the most recent development and knowledge of their practice areas.

Apart from learning passively, learning in Haishi Ting (海事庭)and Haishang Ting (海商庭)also enabled us to have active learning because we were given the opportunity to put the knowledge that we have just gained into actual practice. After the case hearing, we were asked to write the judgment ourselves as if we were the judges. Of course, this could not be done without some teaching by the judge concerning how to write a judgment of the PRC courts. It is quite an experience to assume the role of judge to write judgment. Also, we were arranged to have a mooting exercise based on a real case and write judgment afterwards.

I recall that there was one occasion that I asked the judge why the judgment in mainland China is relatively much shorter than the judgment in common law jurisdiction. After trying to write the judgment myself, I understand that in fact, it is already long enough for one to write. Also, it is a challenging task as it requires us to form good legal reasoning. Having evaluation from the judge after the judgment writing exercise further enables me to understand the difference of the 2 legal systems.

That is, the different roles of judges. Since the judge in civil law jurisdiction has to take a more active role, judges have to do much for facts investigation, which is to be done by the lawyers in Hong Kong's common law jurisdiction. Since I did not really have such concepts in mind before the evaluation, the judgment I wrote, which was entirely based on the arguments I heard in the trial, was essentially far from satisfactory. Nonetheless, it is still a very good opportunity for me to truly understand the different requirements for judges in the 2 legal systems.

I did not expect all these when I applied for the Placement. I have been very fortunate and blessed to be here. This Placement is great. The judges and people I met here are special.

The Placement comes to an end now, but it also signifies another beginning for me to explore Chinese law and mainland China further in the future.

Chan Shun Yin Shani

Time flies, days passed like I had just landed at Shanghai Airport yesterday. Looking back the weeks here I spent, there are hard times, fun times, meaningful times and fruitful times. We learn, we grow, we play and now here I stand, expressing my sincere gratitude to all the people who make this trip so astonishing.

Recalling the memories when I first arrived at the High Court attending the Opening Ceremony, I felt a bit terrifying about the new environment with judges around. However, soon after meeting with the persons-in-charge of the Maritime court, I was relieved by their friendliness and smile. After arriving at the Maritime Court, I am amazed about the high-technology facilities that the court process.

The discussion with judges helped in developing the knowledge about the PRC legal system and the legal career in China. Their experiences are the best teaching materials on how law works here. What we learnt were not something we can learn from books or lectures that we had at school. The discussions also boost my comparison of the Hong Kong and China's Legal System. How different they are and how similar they can be.

Besides having lessons and discussions with the judges, one of the most challenging inter-active learning activities was the moot court we had during week 3. The practical experience not only put the theories I learnt at Hong Kong or Shanghai into practice. It also brings the most complicated topic "procedure" into life. Although there was only one day to prepare for the moot, I enjoyed it very much.

Learning and working are always the hardest time but with this comparison it makes our fun times more enjoyable than it should normally be.

My happy weekends started with a happy Friday along with the arrangement of the High Court in visiting different marvelous places in Shanghai. We visited universities, museums, prison and famous sightseeing spots. Out of the various spots, the most memorable and meaningful one should be the prison. First, it would be hard for a general public to visit the prison unless, unfortunately, you have to visit somebody in there. The most touching part is the talent show performed by the prisoners. Though their standard may not be as good as professionals, however, in their performance I can see their efforts and hardwork. This was certainly not the best performance I had ever seen but it must be one of the most meaningful one. As a dancer during my secondary years, I know exactly how art and music can help people to express their feelings, train up their concentration and communication skills. Through performing arts the prisoners start their new life in a new way. From the applause of the audience, they regained their self-satisfaction and self-image. They build up their confidence to face their future by overcoming stage fright.

Besides staying at Shanghai, we also planned trips to HangZhou and SuZhou. Here I need to express my gratitude to our judges who are very willing to share with us with the good spots to visit within such a short period of time and most importantly what to eat!

Friendship is something I cannot miss in this whole trip. Above and beyond the people I used to know at school, I am glad to make more friends with others and especially the mainland students. Without their help and information, I think the start of my life at Shanghai would be much more difficult. Without their explanation during court lessons, I bet I won't understand so much information about the PRC legal system and how the law works here. Four weeks wasn't long in our lives but I am sure the friendship we built would last forever.

Last but not least, I would love to express my most heartfelt thanks to all the people who had contribute in this trip, especially Hong Kong Foundation for Legal Studies which had given me such a wonderful opportunity, making this legal placement a success and filled up my summer with so many unforgettable memories.

Julie Tang, Second Year LLB Student, City University of Hong Kong

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