UGC Cuts and CUHK Law

This is a report of the meeting of the General Current Affairs Committee and the meeting with the Dean of the Faculty of Law, Professor Johannes Chan, S.C. on Thursday, March 11, 2004.

To present the information clearly to you, this report is divided into several parts. It is hoped that this report can keep you on track with the present situation of PCLL funding cut and the establishment of law school of the Chinese University of Hong Kong.

Background Information
At present, the number of PCLL funded places is 170. This number will be cut down to 117 starting from the academic year of 2005-2006 according to the University Grants Committee (UGC). The Faculty of Law of HKU is still allowed to use mixed mode funding to allocate funds equally for all PCLL students for the academic year of 2004-2005.

The number of LLB students for year 2004-2005 is 86 instead of 120 of year 2003-2004. The reason behind is related to the allocation of resources for the new 4-year LLB curriculum. In order to balance the resources used for each year of the curriculum, the number of students is therefore decreased to 86.

For every three years, each faculty of universities has to hand in their academic development plans. These plans have to be passed from the Senate and the Council of he university, the UGC would then decide the amount of funds for each university. The present triennium is 2001-2004, while 2005-2008 is the coming one. The year 2004-2005 is a transition year where universities are allowed time to do necessary arrangements for the coming developments of the new triennium.

As indicated on newspapers, UGC has decided to add 36 funded places for both LLB and PCLL curricula. It has not yet been decided which university could get these extra 36 funded places. If the University of Hong Kong could get these places, the total number of LLB students of year 2004-2005 would be 122 and that of PCLL students would be 153.

Concerning the establishment of a law school of the Chinese University of Hong Kong (CUHK), it is said that there would be 85 LLB places and 50 Juris Doctor places open for public in the year of 2006-2007. The degree of Juris Doctor is for a second-degree person who does not have a LLB degree as his first degree, and would like to pursue legal knowledge. The curriculum of Juris Doctor is a 3-year program which is not funded by UGC. Students of Juris Doctor have to pay their own tuition fees. It is also mentioned that there would be 36 places of PCLL in the year 2007-2008; the number will increase to 165 in 2010-2011 where 36 places are funded.

The above facts are gathered from newspapers, letters from UGC, and the Senate Paper which the Law Association obtained from the Students’ Union of HKU.

Meeting with Professor Johannes Chan, S.C.
We had a brief meeting with Professor Chan, S.C. on March 11, 2004. The meeting was focused on the PCLL funding cut and the academic development plan of the Faculty of Law. The Chairman and Vice-Chairmen of the Law Association, year representatives, and members of the Faculty Board were present at the meeting.

PCLL Funding Cut
It is admitted that the number of PCLL funded places of the coming academic year would remain the same as last year’s, which is 170. The lump sum of UGC funding would increase from $50,000 to $55,000 for the purpose of financial adjustment. The Faculty is still allowed to use mixed-mode funding to balance the tuition fee of each PCLL student in 2004-2005. It was in dispute whether the number of funded places is 170 or 117 at present and in the past. However, according to Professor Chan, the total amount of funding from UGC has not been changed for years. Thus, the number of funded places is not as critical.

The Senate Paper
As mentioned, we obtained the Senate Paper from the Students’ Union of HKU. The Senate Paper is a draft of the Faculty’s academic development plan of the coming triennium. It is bizarre that the UGC allows an increase of 36 extra funded places for LLB and PCLL curricula after reducing the number of funded places for PCLL to 117. We do not know the purpose of this arrangement, but it is said that HKU would definitely want to get the extra 36 funded places.

Mixed-Mode Funding
Despite the fact that mixed-mode funding has been used for some years in the Faulty, the UGC claimed that this method of balancing tuition fee is generally not allowed and should cease to operate. UGC argued that subsidizing students with good grades is fair and can encourage students to do better. To fight for the continual operation of mixed-mode funding would be an “up-hill battle” as described by Professor Chan. It seems that the Faculty can no longer use mixed-mode funding in the coming triennium, 2005-2008. It is also said that the Law Faculty of City University of Hong Kong has been complaining about our use of mixed-mode funding.

PCLL Admission
Students who graduate with 2A or above can be assured a UGC funded place in PCLL. Funded places are given on a meritorious basis. The admission percentage of HKU LLB students to PCLL depends solely on the performance of previous PCLL students. That is to say, if the number of passing HKU students in this year’s PCLL is high, there would be more year 3 HKU students being admitted into PCLL of the coming year. Admission of overseas students also depends on the performance of previous performance of overseas students.

There are 114 students in this year’s PCLL who obtained 2A or above when graduated. Students with GPA above 2.5 could get into PCLL. This serves as a rough indicator for year 3 students, although subject to the admission percentage of the number and quality of overseas students.

Generally speaking, distinction in PCLL is usually awarded to overseas students, especially Australians. However, HKU students in PCLL usually have a higher passing rate than other students. It is hoped that these facts could provide you with a better understanding with the present situation of PCLL admission.

CUHK Law School
The development of 3 law schools in Hong Kong is a matter of policy, which Professor Chan has addressed during the meeting.

What We Have Done and Will Do
Since the report of the establishment of law school of CUHK, the Law Association has contacted various related persons to consult their opinions and views on these issues. We have talked to members of the Faculty Board, year representatives, and the Students’ Union of HKU. The Law Students’ Society of the City University of Hong Kong, Presidents of Students’ Union of 4 Colleges and various Senators of CUHK have also expressed their opinions. We also consulted Mr. Ip Shing Hing, President of the Law Society of Hong Kong and Mr. Edward Chan, S.C., the Chairpersons of Hong Kong Bar Association.

Professor Chan proposed to see students of the Faculty once a month concerning different issues. The Chairman, Internal Vice-Chairman and External Vice-External of the Law Association would meet with the Dean. Year representatives and members of the Faculty Board would also attend these meetings. Students who are interested are also welcomed to join.