National Unified Legal Professional Qualification Examination — Hong Kong centre (PRC)

According to Xi Jinping Thought on the Rule of Law, what is the fundamental guarantee for socialist rule of law with Chinese characteristics?

• AThe leadership of the Communist Party of China (CPC)
• BThe supreme authority of the National People's Congress (NPC)
• CThe separation of powers between administrative and judicial organs
• DThe absolute autonomy of the judicial system

Under socialist legal theory, what is the relationship between governing the country in accordance with the law (依法治国) and governing the country by virtue (以德治国)?

• AThey are mutually complementary and must be combined, where law is the formal standard an…
• BGoverning in accordance with the law is primary, while governing by virtue is merely a se…
• CThey are independent systems that should be kept separate to avoid judicial corruption.
• DVirtue has supreme legislative force and can override written laws in judicial practice.

According to the PRC Constitution, which organ has the power to amend the Constitution and which organ has the power to interpret it?

• AThe National People's Congress (NPC) amends it; the Standing Committee of the NPC (NPCSC)…
• BThe NPCSC amends it; the Supreme People's Court interprets it.
• CThe NPC both amends and interprets the Constitution.
• DThe NPCSC both amends and interprets the Constitution.

In the PRC legal system, which of the following statements is CORRECT regarding NPCSC legislative interpretations (法律解释)?

• AThey have the same legal force as the laws they interpret.
• BThey are subordinate to judicial interpretations issued by the Supreme People's Court.
• CThey are only applicable to administrative disputes and cannot be used in criminal trials.
• DThey must be approved by the President of the PRC to take effect.

Under the Legislative Law of the PRC, which of the following subject matters can ONLY be regulated by laws enacted by the National People's Congress or its Standing Committee?

• ADeprivation of political rights of citizens or coercive measures restricting personal fre…
• BRates and administration of local taxes
• CEstablishment of local state organs and administrative divisions
• DReprocessing of industrial wastewater and environmental pollution rules

How does jurisprudence distinguish between legal rules (法律规则) and legal principles (法律原则) in judicial adjudication?

• ARules are applied in an "all-or-nothing" fashion, whereas principles have the dimension o…
• BPrinciples must always be applied first, and rules are only applied if no principle exist…
• CRules are non-binding guidelines, while principles are strictly binding statutory command…
• DPrinciples can only be used by the Supreme People's Court and are not binding on lower co…

Which of the following describes the difference between a "legal event" (法律事件) and a "legal act" (法律行为) in PRC jurisprudence?

• AA legal event occurs independent of human will, whereas a legal act is driven by human wi…
• BA legal event does not produce legal consequences, whereas a legal act always does.
• CA legal event must be written down, whereas a legal act can only be oral.
• DA legal event is a public law matter, whereas a legal act is exclusively a private law ma…

According to the PRC Constitution, which state organ is defined as the organ of state supervision, exercising supervisory power independently in accordance with the law?

• AThe Commission of Supervision (监察委员会)
• BThe People's Procuratorate (人民检察院)
• CThe People's Court (人民法院)
• DThe Ministry of Justice (司法部)

Under the Hong Kong Basic Law, which state organ has the ultimate power of interpretation of the Basic Law?

• AThe Standing Committee of the National People's Congress (NPCSC)
• BThe Court of Final Appeal of the Hong Kong SAR (CFA)
• CThe Legislative Council of Hong Kong (LegCo)
• DThe Supreme People's Court of the PRC

Under the Basic Law of the Hong Kong SAR, what is the relationship between the laws previously in force in Hong Kong (common law, equity, ordinances) and the Basic Law?

• AThey shall be maintained, except for any that contravene the Basic Law or are amended by…
• BThey were entirely repealed on July 1, 1997, and replaced by PRC national laws.
• CThey are only applicable to private contracts and have no force in criminal trials.
• DThey must be approved by the State Council on a case-by-case basis before they can be app…

According to the Lawyers Law of the PRC, which of the following is a prohibited act for a practicing lawyer?

• AProviding legal services to both parties in the same litigation or arbitration case
• BActing as a defense counsel in a criminal trial where the defendant is indigent
• CExpressing legal opinions in court that differ from the local government's official stance
• DCharging client fees based on a contingency fee agreement in a standard commercial dispute

Under the PRC judges' code of conduct and ethics, what is a judge's obligation regarding ex parte contact with litigants or their agents?

• AA judge must not meet with litigants, their lawyers, or other agents in private outside t…
• BA judge may meet with litigants in private as long as no bribes are accepted and the meet…
• CA judge can only meet with litigants privately if they are relatives.
• DA judge is free to discuss cases in private as long as the case has not yet entered forma…

According to the PRC Law on Procurators, what is the primary role of the People's Procuratorate in the judicial system?

• AIt is the legal supervision organ of the state, responsible for public prosecution and su…
• BIt is the administrative organ responsible for the registration of lawyers and notaries.
• CIt is the primary court of first instance for administrative disputes involving the centr…
• DIt acts as the legal advisor to the National People's Congress on international treaties.

Under the Law on National Security in the Hong Kong SAR, which state organ has the ultimate power of interpretation of the National Security Law?

• AThe Standing Committee of the National People's Congress (NPCSC)
• BThe Court of Final Appeal of the HKSAR
• CThe Chief Executive of the HKSAR
• DThe Ministry of Public Security of the PRC

What is the constitutional status of the "One Country, Two Systems" principle under the PRC Constitution?

• AIt is constitutionally authorized under Article 31, which permits the state to establish…
• BIt is a temporary administrative directive that can be modified by the State Council with…
• CIt is only recognized in international treaties and is not mentioned in domestic constitu…
• DIt requires Hong Kong to adopt the socialist system and policies of Mainland China after…

Under the General Provisions of the PRC Civil Code, what is the civil legal capacity status of a fetus (胎儿)?

• AA fetus is deemed to have capacity for civil rights in matters such as inheritance and re…
• BA fetus has no capacity for civil rights until it is born alive and reaches the age of ei…
• CA fetus is treated as a fully competent natural person for all civil juristic acts.
• DA fetus has civil legal capacity only if its mother is a Chinese citizen.

Under the PRC Civil Code, what are the statutory time periods required to apply to the People's Court to declare a natural person dead (宣告死亡)?

• AGenerally 4 years of disappearance; or 2 years if the disappearance is due to an accident.
• BGenerally 2 years of disappearance; or 1 year if the disappearance is due to an accident.
• CGenerally 5 years of disappearance; or 3 years if due to an accident.
• DNo time limit is required if the family members unanimously agree.

Under the PRC Civil Code, which of the following civil juristic acts (民事法律行为) is VOID (无效) from the very beginning?

• AA civil juristic act performed by a person with no capacity for civil conduct (无民事行为能力人)
• BA civil juristic act performed under a major misunderstanding (重大误解)
• CA civil juristic act concluded through third-party fraud
• DA civil juristic act concluded under duress

Under the PRC Civil Code, what is the default general statute of limitations (诉讼时效) for a creditor to petition the court to protect its civil rights?

• A3 years
• B2 years
• C1 year
• D5 years

Which of the following conditions is NOT required to establish a valid claim of possession in good faith (善意取得 - Bona Fide Acquisition) of a movable property under the PRC Civil Code?

• AThe transferor must have the legal right to dispose of the property.
• BThe transferee must be in good faith at the time the movable property is transferred.
• CThe property must be transferred at a reasonable price.
• DThe movable property must have been delivered to the transferee.

Under the Property Rights volume of the PRC Civil Code, what is the right of habitation (居住权) and how is it established?

• AIt is a usufructuary right established by written contract and registered with the regist…
• BIt is a personal contract right that arises automatically when a tenant occupies a leased…
• CIt is a security interest that allows a lender to seize a property upon default.
• DIt is a statutory right granted only to registered owners of real estate.

Under the Contracts volume of the PRC Civil Code, when does an offer (要约) become effective?

• AWhen the offer reaches the offeree.
• BWhen the offeror dispatches the offer.
• CWhen the offeree signs the acceptance.
• DWhen the contract is registered with the industrial and commercial bureau.

Under the PRC Civil Code, which of the following describes the creditor's right of subrogation (债权人代位权)?

• AThe creditor may petition the People's Court to claim the debtor's due rights against a t…
• BThe creditor may directly seize the debtor's assets from a third party without going to c…
• CThe creditor may assign its claim to a third party without notifying the debtor.
• DThe creditor can compel the debtor's employer to pay the debtor's wages directly to the c…

A debtor sells a valuable commercial property to a relative at 30% of its market value, rendering itself insolvent and unable to pay its creditor. What remedy does the creditor have under the PRC Civil Code?

• AThe creditor may petition the People's Court to revoke the debtor's low-value transfer.
• BThe creditor may declare the contract between the debtor and the relative void directly.
• CThe creditor may seize the property from the relative by filing a police report.
• DThe creditor has no remedy because the transfer was a private transaction between relativ…

Under the PRC Civil Code, what is the default rule regarding liability for damages caused by an employee (工作人员) while executing their work tasks?

• AThe employer bears the tort liability, but may seek indemnity from the employee if there…
• BThe employee bears sole liability, and the employer is only secondarily liable if the emp…
• CThe employer and the employee bear equal joint and several liability regardless of fault.
• DNeither is liable if the employer has purchased general commercial liability insurance.

Under the PRC Civil Code, if a product defect is discovered after the product has been put into circulation, what is the producer's or seller's statutory obligation?

• AThey must take remedial measures in a timely manner, such as warnings and recalls, and be…
• BThey are exempt from liability as long as the product passed initial government inspectio…
• CThey must refund the purchase price but are not liable for personal injuries caused by th…
• DThey are only obligated to notify the market regulator and have no direct duty to consume…

In the Personality Rights volume of the PRC Civil Code, how is the right of voice (声音权) protected?

• AThe protection of the right of voice applies mutatis mutandis the provisions governing th…
• BVoice is protected under copyright law only and is not a personality right.
• CThe right of voice only applies to professional singers and actors.
• DA person's voice can be freely imitated for commercial profit without consent.

Under the Marriage and Family volume of the PRC Civil Code, which of the following properties is deemed the separate property of one spouse (夫妻一方的个人财产) rather than joint marital property?

• ACompensation for personal injury received by one spouse
• BSalaries, bonuses, and investment returns earned during the marriage
• CIntellectual property royalties earned but not yet paid during the marriage
• DUnregulated inheritance received during the marriage without a specific bequest to one sp…

What is the "divorce cooling-off period" (离婚冷静期) rule under the PRC Civil Code for couples seeking divorce by agreement?

• AEither party may withdraw the application within 30 days of registration, and both must a…
• BThe couple must separate for 2 years before registering for a mutual agreement divorce.
• CThe cooling-off period is 60 days, during which they must attend court-ordered counseling.
• DThe cooling-off period only applies if the couple has minor children.

Under the succession rules of the PRC Civil Code, who are the first-order statutory successors (第一顺序法定继承人)?

• ASpouse, children, and parents
• BSpouse, children, and siblings
• CSpouse, parents, and paternal grandparents
• DChildren, parents, and grandchildren

Regarding the validity of wills, how does the PRC Civil Code handle conflicts between a previously notarized will (公证遗嘱) and a later valid written or recorded will?

• AThe last valid will in chronological order prevails, regardless of whether it is notarize…
• BThe notarized will always prevails over any other form of subsequent will.
• CThe subsequent will is only valid if it is also notarized by the same notary office.
• DAll conflicting wills are deemed void, and the estate is distributed via statutory succes…

Under the PRC Civil Code, what constitutes apparent agency (表见代理) and what are its legal consequences?

• AAn act performed by an agent without authority where the counterparty has reasonable grou…
• BAn agency relation created by a court order where the principal refuses to sign the contr…
• CAn agency that is void from the beginning because the agent used a forged company seal.
• DAn agency that only allows the agent to represent the principal in court proceedings.

Under the PRC Civil Code, what is the default rule for the liability of joint tortfeasors (共同侵权人)?

• AThey bear joint and several liability (连带责任) to the victim.
• BThey are only liable for their own portion of the fault, and the victim must sue each sep…
• CThe person who directly caused the physical harm is liable, while accessories are exempt.
• DThey bear joint liability only if they had a pre-arranged written agreement to commit the…

Under the PRC Civil Code, what is the key difference between a mortgage (抵押) and a pledge (质押) of movable property?

• AA mortgage does not transfer possession of the property, whereas a pledge requires delive…
• BA mortgage can only apply to immovable property, while a pledge can only apply to intangi…
• CA mortgage requires court approval to be valid, whereas a pledge arises automatically.
• DA mortgage cannot be registered, while a pledge must be registered to take effect.

Under the PRC Civil Code, what is the legal basis for a claim of unjust enrichment (得利人返还远得的不当利益)?

• AA person who obtains profit without legal basis, causing loss to another, must return the…
• BA person who performs public service without authorization can claim unjust enrichment fr…
• CIt is a punitive damage claim that allows a plaintiff to recover double the contract pric…
• DIt only applies when there is a pre-existing contract that was breached by the enriched p…

Which of the following is a CORRECT application of the Principle of Legality (罪刑法定原则) under Article 3 of the PRC Criminal Law?

• AAnalogical interpretation (类推解释) to the detriment of the defendant is strictly prohibited.
• BThe court may create new crimes based on socialist moral values when no statute exists.
• CCustomary law can be used as a direct basis for convicting a person of a felony.
• DRetrospective application of a new criminal law is allowed if it imposes a heavier penalt…

Under the PRC Criminal Law, what is the criminal responsibility status of a minor who is at least 12 years old but under 14 years old?

• AThey bear criminal responsibility for intentional homicide or intentional injury causing…
• BThey are completely exempt from all criminal responsibility regardless of the crime.
• CThey bear full criminal responsibility for all crimes defined in the Criminal Law.
• DThey can only be punished with administrative detention and cannot be prosecuted in court.

Under the PRC Criminal Law, what is the distinction between direct intent (直接故意) and indirect intent (间接故意)?

• ADirect intent involves desiring the criminal result to occur, whereas indirect intent inv…
• BDirect intent requires planning, whereas indirect intent is always spontaneous.
• CIndirect intent is punished as negligence (过失) rather than intentional crime.
• DDirect intent is a subjective element, while indirect intent is an objective element.

Under the PRC Criminal Law, what is required to establish a voluntary discontinuance of a crime (犯罪中止)?

• AThe actor must voluntarily abandon the crime during its commission or voluntarily and eff…
• BThe actor must confess to the police after the crime has been fully completed.
• CThe actor must be prevented from completing the crime by factors independent of their wil…
• DThe actor must express regret to the victim after the crime has succeeded.

Under the joint crime (共同犯罪) rules of the PRC Criminal Law, how is a person who plays a secondary or auxiliary role classified and punished?

• AThey are classified as an accomplice (从犯) and shall be given a lighter, mitigated, or exc…
• BThey are classified as a principal offender (主犯) but get a lighter sentence.
• CThey are exempt from all criminal liability if they only acted under instructions.
• DThey are punished with the exact same severity as the principal offender to ensure justic…

Under the Special Provisions of the PRC Criminal Law, what is the threshold for blood alcohol concentration (BAC) to constitute the crime of dangerous driving (危险驾驶罪)?

• A80 mg per 100 ml of blood (drunk driving)
• B20 mg per 100 ml of blood (drink driving)
• C150 mg per 100 ml of blood (severe intoxication)
• D50 mg per 100 ml of blood

A mother, immediately after giving birth, deliberately abandons her newborn baby in an isolated forest with the intent to let the baby die, resulting in the baby's death. Which crime has she committed under the PRC Criminal Law?

• AIntentional Homicide (故意杀人罪)
• BAbandonment (遗弃罪)
• CNegligent Homicide (过失致人死亡罪)
• DAbuse (虐待罪)

Under the PRC Criminal Law, what is the core distinction between the crime of theft (盗窃罪) and the crime of robbery (抢劫罪)?

• ATheft is committed secretly without the use of force, while robbery involves the use of v…
• BTheft only applies to public property, while robbery only applies to private property.
• CTheft is a misdemeanor, whereas robbery is a felony that is always punished with the deat…
• DTheft requires the intent of unlawful possession, whereas robbery does not.

Under the PRC Criminal Law, which of the following is a key element of the crime of embezzlement (贪污罪)?

• AThe actor must be a State functionary (国家工作人员) who takes advantage of their office to mis…
• BThe actor can be any private employee who steals from their employer.
• CThe property embezzled must be private property of citizens.
• DThe crime only occurs if the embezzled amount exceeds one million RMB.

Under the PRC Criminal Law, how is a general recidivist (一般累犯) defined, and what is the legal consequence for sentencing?

• AAn offender who, after serving a sentence for an intentional felony, commits another inte…
• BAn offender who commits any crime twice within 10 years; they must receive the maximum st…
• CAn offender who commits a negligent crime within 3 years of completing a previous sentenc…
• DAn offender who commits a crime while still serving a suspended sentence (probation).

Under the PRC Criminal Law, what is required to establish a valid "surrender" (自首) that allows the court to grant a lighter or mitigated punishment?

• AVoluntarily presenting oneself to justice and truthfully confessing one's crime.
• BConfessing to the crime only after being convicted by the court of first instance.
• CConfessing one's crime to a family member without reporting it to the judicial organs.
• DReturning the stolen property to the victim without informing the police.

Under the PRC Criminal Law, what is the maximum limit for the combined execution of multiple fixed-term imprisonments (数罪并罚) for crimes committed before sentencing?

• A20 years, or 25 years if the total of the sentences is 35 years or more.
• B15 years, or 20 years if the total of the sentences is 25 years or more.
• C30 years under all circumstances.
• DThere is no limit; the sentences are simply added together consecutively.

Under the PRC Criminal Law, what is the rule regarding the applicability of probation (缓刑) to criminal defendants?

• AIt can be applied to defendants sentenced to detention or fixed-term imprisonment of not…
• BIt is applicable to all first-time offenders regardless of the length of the sentence.
• CIt is strictly prohibited for public officials and state employees.
• DIt can be applied to recidivists if they show deep remorse and return the property.