UNIVERSITY OF HONG KONG
Faculty of Law
2022-23
CRIMINAL LAW I & II
LLAW2003 – Criminal Law I
LLAW2004 – Criminal Law II
LLB
FIRST SEMESTER
Magistrates Court Report
- Assignment -
Report to be uploaded to Moodle
Due date: Monday, 17th October 2022, 5:00 pm
Word limit: 1500 words
(excluding @ 531 words of standard form)
[Note: this assignment counts for 10% of your
final combined grade in Criminal Law I & II]
Course Coordinator: Michael Jackson
© 2022
Magistrates Court Assignment 2022-23
This assignment requires personal empirical observation and
accurate reporting of what was observed.
STUDENT LEARNING OUTCOMES
Students who successfully complete this assignment will:
1. Have experienced the practices and procedures of Magistrates Courts in Hong Kong, and
observed, recorded and accurately reported their observations;
2. Have gained a degree of familiarity with the nature of everyday hearings in the Magistrates
Courts in Hong Kong, including plea and remand hearings, possibly also trial court, and
sentencing practices and procedures;
3. Be better equipped to advise those who are unfamiliar with the Magistrates Courts in Hong
Kong on what to expect, and how to deal with appearances at the Magistrates Courts.
ASSESSMENT
This Assignment has two parts:
(i) your visit to a Magistrate’s Court;
(ii) your completion of the Magistrate’s Court Report.
Your Report must be uploaded to Moodle via the relevant Turnitin submission link. Note that
given the likely uniformity of your reports, your Turnitin originality scores may be relatively
high. We will, however, check reports with exceptionally high originality scores.
Students who do not personally attend a Magistrate’s Court or fail to submit their own Report
will receive a failing grade of zero for this assignment. Plagiarism is neither tolerated nor
overlooked. Students who plagiarise their report or attempt to pass off the work of others as
their own will be subject to academic discipline.
Your Report will be graded using an on-line Marking Rubric, a copy of which is attached.
Markers simply click on a box within each category, and the marks are automatically totaled,
giving your final mark/grade.
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 2
Magistrates Court Assignment 2022-23
INSTRUCTIONS
I. MAGISTRATES’ COURT ATTENDANCE
1. WHEN
This assignment requires you to attend at least one Magistrates’ Court (which you should
ideally do well before the due date – Monday, 17th October 2021 - immediately after Reading
Week). You might need to go more than once.
2. HOW LONG AND WHERE
The period of time spent actually observing on-going court procedures should amount to at
least five hours of active court time, ideally including:
Court No 1: at least 1 hour (arrive before 9:30am, so you can see the general
early morning activity in a Magistrate Court )
Traffic/hawker Ct: at least 45 minutes
Contested trial: at least 3 hours (try and see a complete trial – often not possible)
Check the Court Lists on the Judiciary website the evening before your visit to find the
following day’s ‘Daily Cause List’ (these lists are also posted up in the magistracy lobbies). Use
these lists to (i) identify appropriate courts to visit and (ii) get an idea of the names of
defendants attending court the next day and the kinds of offences they are being charged with
in the Magistrates’ Courts.
3. PERMISSION TO TAKE NOTES
Speak to the court clerk (who is to be found in each Magistrates Court room) before court
sessions begin.
Explain POLITELY that you are a HKU law student who is required to observe Magistrates’
Courts proceedings for your Criminal Law course. Ask the clerk to confirm with the presiding
magistrate that you may take notes in the various courts during your visits.
If permission is refused, politely ask why (since there is no prohibition on taking notes).
4. COURT COURTESY
Be sure to dress appropriately for court. Be polite to all court personnel and people using the
courts. You should be particularly careful not to obstruct the people using the courts.
There should be absolutely no talking while the court is in session.
And SWITCH OFF YOUR MOBILE PHONE AND PAGERS.
Make sure you enter and leave courts very quietly and unobtrusively. Try to leave during
breaks or in between cases.
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 3
Magistrates Court Assignment 2022-23
5. IN THE COURT
Read the Court Visit Report form BEFORE you go to court so that you know what you will
need. Take extra notepaper with you. Make detailed and legible NOTES. Plan to FILL IN the
actual Court Visit Report (except the sketch) on your computer AFTER you have left the
courtroom.
You should try to make the sketch(es) of the courtroom and the location of each participant
while in court. But note that it is a criminal offence, contrary to s.7, Summary Offences
Ordinance (Cap.228) (see below) to take or attempt to take a photograph in court, or, with a
view to publication, to make or attempt to make any sketch or portrait of any judge, juror,
witness or party to the proceedings (‘in court’ for this purpose includes the building or precincts
of the building, and not just the actual courtroom).
II. COURT VISIT REPORT
Each student must personally complete a Court Visit Report using the template provided (copy
attached as Appendix I). A copy of the Report form in Word format is available on the LLB
Criminal Law Moodle site. Download the form, complete it, add the standard Cover sheet with
your university number and your tutorial group no. clearly stated, scan and attach your
sketch(es), and then save the whole as a single document. Do NOT include your name. Do not
delete the template questions, as these are to be included in the word count (word limit: 1500
words, after excluding 531 words of template – ie. total word limit is 2031 words).
Completed Reports (with Cover Sheet, Report, and sketch(es) attached) MUST BE UPLOADED
via the Turnitin submission link on the LLB Criminal Law Moodle page by 5:00 pm, Monday
17th October 2021. Ensure you also keep your original notes from your visit(s).
Summary Offences Ordinance (Cap.228)
Section 7 Prohibition on taking photographs, etc., in court
(1) Any person who-
(a) takes or attempts to take in any court any photograph, or with a view to publication makes or
attempts to make in any court any portrait or sketch, of any person, being a judge of the court or a juror
or a witness in or a party to any proceeding before the court, whether civil or criminal; or
(b) publishes any photograph, portrait or sketch taken or make in contravention of the foregoing
provisions of this section or any reproduction thereof,
shall be liable to a fine of $250.
(2) For the purposes of this section-
(a) the expression "court" (法庭) means any court of justice, including any place in which an inquiry is
being held by a magistrate;
(b) the expression "judge" (法官) includes registrar and magistrate;
(c) a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made
in court if it is taken or made in the court-room or in the building or in the precincts of the building in
which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is
entering or leaving the court-room or any such building or precincts as aforesaid.
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 4
Magistrates Court Assignment 2022-23
APPENDIX I UNIVERSITY NO. ………………..
LLB - REPORT ON ATTENDANCE AT MAGISTRATES COURT
Section A
Please complete the following details of your visit:
1. Magistrates Court(s) attended:
2. Date(s) of attendance: day, September / October 2022
Time: am/pm - am/pm
3. Courts attended:
Presiding Magistrate(s):
4. Language in which proceedings were conducted:
Draw a diagram of the Court room, indicating the relative positions of the Magistrate, the court
clerk(s), the prosecutor(s), defence lawyers, journalists, defendants, interpreters if any and
members of the public. USE A SEPARATE PIECE OF PAPER – attach graphic or scanned copy
of sketch to Report before submission.
Section B
Please complete the following record of court business during your attendance. Use separate
sheets of paper if necessary.
1. Outline in general terms the matters dealt with by the Magistrate during your attendance
at each court (eg. mentions, pleas, bail applications, trials, sentencing, etc):
2. Outline one particular case dealt with during your attendance:
(a) Name of defendant(s):
(b) Court:
(c) Charge(s):
(Indicate whether each charge is contrary to common law or to statute – if
contrary to statute, which section? which statute?)
(d) Nature of hearing relating to that particular defendant(s):
what happened during the hearing (plea, remand, trial, etc)?
who addressed the Magistrate (prosecutor or defendant)?
what, if any, submissions were made by prosecutor? by defendant/defence
lawyer?
could you understand what was being said?
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 5
Magistrates Court Assignment 2022-23
(e) Outcome of hearing?
(f) How long did it take from the time the hearing relating to that particular
defendant began to the time it ended (this may be only minutes)?
(g) Outline any further matters of note/concern/which interested you during your
attendance (eg. languages used, relationships between the participants,
attitudes of the participants)
3. Outline any difficulties you encountered:
(a) in finding the Magistrates Court, the Courtroom, or the facilities at the Court you
attended:
(b) in understanding the proceedings:
Section C
Please complete the following legal questions:
1. What is the general statutory source of a Magistrate's jurisdiction (specifically, which
section(s) within the Magistrates Ordinance)?
2. According to the Magistrates Ordinance, what sentencing limits are Magistrates subject
to (including Special Magistrates – note, however, that warrants appointing Special
Magistrates generally restrict them in practice to non-custodial sentences)?
3. Choose one particular sentence imposed by a Magistrate during your attendance
(involving a different defendant to that referred to in B.2):
(a) What was the relevant offence?
What is the maximum sentence for that offence (identify legal source for this
sentence)?
(b) Did the defendant/ lawyer have an opportunity to make submissions to
the Magistrate before sentence was passed?
(c) If yes, did the defendant/ lawyer say anything? If yes, what? Do you think the
defendant/ lawyer made sense? Did it appear to have any effect on the
Magistrate’s decision?
(d) Did the Magistrate explain the sentence to the defendant? If so, what
explanation was given? Was it given in a language understood by the
defendant?
(e) Do you agree with the sentence imposed/the reasons given?
(f) Do you think Magistrates should explain every sentence they impose?
4. Based on your observations, which model(s) of criminal justice (based on King’s Models of
Criminal Justice, attached) best describes the Magistrates Courts?
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 6
Magistrates Court Assignment 2022-23
King's (1981) Models of Criminal Justice
Social function Process model Features of court
Justice Due Process Equality between parties;
rules protecting defendants
against error; restraint of
arbitrary power; presumption
of innocence
Punishment Crime Control Disregard of legal controls;
presumption of guilt; high
conviction rate; support for
the police; unpleasantness of
the experience
Rehabilitation Medical model (diagnosis, Information collecting;
prediction and treatment) individualisation; treatment;
discretion of decision-makers;
expertise of decision-makers;
relaxation of rules
Management of crime and Bureaucratic model Independence from political
criminals considerations; speed and
efficiency; importance of
records; minimisation of
conflict; minimisation of
expense; economical division
of labour
Denunciation and degradation Status passage model Public shaming of defendant;
court values reflect
community values; agents'
control over process
Maintenance of class Power model Reinforcement of class values;
domination alienation of defendant;
deflection of attention from
issue of class conflict;
differences between judges
and judged; paradoxes and
contradictions between
rhetoric and performance
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 7
Magistrates Court Assignment 2022-23
CRIMINAL LAW I & II
2022-23
MAGISTRATES COURT VISIT REPORT
MARKING RUBRIC
COURT VISIT REPORT Standard achieved
Max.
Assessment Criteria Fail Pass Satisfactory Good Excellent
mark
Details of Visit
(0-9) 12 14 16 18 20
(including sketch)
Summary of cases
(0-9) 18 21 24 27 30
observed
Accuracy of answers
and insightfulness of (0-9) 18 21 24 27 30
observations
Use of Tertiary level English (0-) 12 14 16 18 20
COURSE COORDINATOR: MICHAEL JACKSON
FACULTY OF LAW, UNIVERSITY OF HONG KONG © 2022 8
