(See also General Regulations, pp. 1 to 16)

Bachelor of Laws (LLB)

Master of Laws (LLM)

Postgraduate
Certificate in Laws (PCLL)

Postgraduate Diplomas in Commercial Law (PDipComL),
in the Law of the People's Republic of China (PDipL[PRC])
and in Public Law (PDipPubL)

Postgraduate Diploma in Common Law (PDipCL) and the Master of Common Law (MCL)

LL 1 To be eligible for admission to the degree of Bachelor of Laws a candidate shall

The curriculum

LL 2 The curriculum for the degree of Bachelor of Laws shall extend over not less than three years or more than five years of full-time study, except with the approval of the Board of the Faculty of Law.

Completion of the curriculum

LL 3

Exemption from subjects

LL 4 The Board of the Faculty of Law may exempt any candidate from any of the subjects, and award equivalent units to such candidate, on the ground that equivalent subjects have been passed at another university or comparable institution accepted by the Senate for this purpose: provided that no candidate shall be eligible for the award of the degree of Bachelor of Laws without having earned at least 16 units by passing subjects at this University.

Order of study

LL 5

Approval of courses of study

LL 6 Unless the Head of Department of Law approves otherwise a candidate shall take nine units of study in the first year, eight units in the second year and eight units in the third year. Selection of courses of study shall be made by a date prescribed before the beginning of each academic year and shall be subject to approval by the Head of Department of Law.

Satisfaction of the board of examiners

LL 7 A candidate shall pass a subject if the Board of Examiners is satisfied by the candidate's performance in the examination. The Board of Examiners may prescribe an oral examination in any subject.

Determining final results

LL 8 Subject to LL 7, in determining a candidate's final result in a subject, the Board of Examiners may take into account assessments of the candidate's assignments and class participation.

Failure to pass a subject

LL 9 Any candidate who has failed to pass a subject or subjects in the manner provided for in these Regulations may be permitted

Discontinuation of study

LL 10 A candidate who has failed to pass a subject or subjects shall be recommended for the discontinuation of study under General Regulation G 12 if not permitted to attend for examination at some other time or to sit a supplementary examination or to repeat the subject or subjects or to undertake the study of another subject or subjects which enable completion of the curriculum.

Absence from an examination

LL 11 A candidate who is unable through illness or other acceptable reason to attend for examination may apply for permission to attend for examination at some other time.

Pass lists

LL 12 Each year the Board of Examiners shall publish two pass lists. The first list shall be in respect of each subject of the curriculum and shall contain the examination numbers of all candidates who have satisfied the Board of Examiners. The second pass list shall contain the names of all candidates who have in that year completed the curriculum and shall be published in five divisions as follows: First Class Honours; Second Class Honours Division One; Second Class Honours Division Two; Third Class Honours; Pass.

SYLLABUSES FOR THE DEGREE OF
BACHELOR OF LAWS

ORDER OF STUDY

The following courses must be taken in the first year of study unless the Board of the Faculty of Law approves otherwise:

First Year (9 units in total)

Law of contract (2 units)
Law and society (2 units)
Law of tort (2 units)
The legal system (2 units)
Legal writing and research (1 unit)

The following courses shall normally be taken in the second and third years of study respectively:

Second Year (8 units in total)

Constitutional and administrative law (2 units)
Criminal law (2 units)
Property law (2 units)
Optional course or courses (2 units)

Third Year (8 units in total)

Introduction to legal theory (1 unit)
One other 'distancing' course (1 unit or 2 units)
Optional courses (6 units or 5 units)

COURSE DESCRIPTIONS

The courses available to students are as follows:

Two-unit Courses

18103. Law of contract (2 units)

The function of contract; formation of a valid contract; offer and acceptance; capacity; illegality; interpretation of the terms of a contract; misrepresentation; mistake; duress and undue influence; privity; performance, discharge and breach; quasi-contract; remedies; principles of agency (outline).

18105. Constitutional and administrative law (2 units)

The institutions of government in the United Kingdom and Hong Kong; the prerogative and the 'act of state' doctrine; the characteristics of constitutions; constitutional doctrine: the rule of law, the separation of powers, the supremacy of Parliament; the legal structure of the Commonwealth; rules affecting the relationship between the United Kingdom and her colonies; the constitutional position of the Governor of Hong Kong; Crown proceedings; the ultra vires doctrine as it relates to the Hong Kong legislature, subordinate legislation and administrative action; natural justice; civil liberties in Hong Kong; the Sino -British Joint Declaration on the Question of Hong Kong, the Basic Law for the Hong Kong Special Administrative Region, and arrangements for and consequences of the resumption of sovereignty by China in 1997.

18108. The legal system (2 units)

Basic jurisprudential concepts; approaches to legal education; the legislative process; statutory interpretation; the common law and judicial precedent; the courts and the judicial function; the legal profession and legal services; the Attorney General; an introduction to criminal and civil procedure; an introduction to legal history and comparative law; an introduction to the Chinese legal system; the future of Hong Kong's legal system.

18111. Law and society (2 units)

This course provides an introduction to the following topics for the purpose of liberal education and providing broad interdisciplinary knowledge on which the study of the relationship between law and society may be pursued in the context of various areas of substantive law taught in the LLB curriculum. The future of Hong Kong and the concept of 'one country, two systems' will be borne in mind in teaching the course.

The topics may include: the history of Hong Kong, and its present position in the international economic and political systems; the role of law in market and planned economies; property rights, the mixed economy and the welfare state; law and politics, including the concepts of state, government, liberalism, democracy, socialism, Marxism, human rights, constitutionalism, the rule of law, justice, and major forms of government in the contemporary world; law and social life, legal pluralism and informal justice; the role of the legal profession and courts in society; the Chinese legal and cultural traditions and the future of Hong Kong.

18201. Law of tort (2 units)

General principles of liability, negligence, defences to negligence, vicarious liability, loss distribution, fatal accidents, duty of care towards employees, statutory compensation for employees, breach of statutory duty, occupiers' liability, nuisance, Rylands v. Fletcher, trespass to person, trespass to property, other intentional torts to person and property, defences to trespass, defamation, other interests protected by the law of tort, remedies (damages and injunction).

18207. Criminal law (2 units)

Classification of crimes; general principles of criminal responsibility; degree of participation; attempt.

Particular crimes: until further notice, the following particular crimes will be studied in detail homicide, assaults, theft, forgery and Prevention of Bribery Ordinance offences.

18234. Use of Chinese in law II (2 units)

This course is designed to allow the teaching of law in the Chinese language. Its subject matter will vary according to the teacher concerned but must be the same as an optional course on an area of the law using English as the medium of instruction and offered as part of the LLB programme by the Faculty. This course teaches the substantive content of that course (the title of which will appear in brackets as part of the title of this course on the student's transcript) as well as Chinese language legal skills, and the assessment will be based on both substantive legal knowledge and the ability to use Chinese in expressing the law.

In addition to the study of the law through English materials, students will be required to do translation exercises and to study Chinese language materials on relevant legal concepts and doctrines.

Students who take this course cannot receive double credits by taking the optional course taught in English on the same area of law, and students who have already taken that course cannot take this course.

The medium of coursework and examination will be Chinese.

18340. Guided research (2 units)

An individual research project on an approved topic carried out under the supervision of an assigned teacher, resulting in the submission of a research paper not exceeding 10,000 words (excluding tables of cases and statutes, notes, appendices and bibliographies).

Instruction will be given on the principles of legal writing and in legal research methodology and techniques including standard library research aids and tools and use of electronic databases such as LEXIS and NEXIS.

18345. Human rights law (2 units)

Cultural, historical and juridical background.

Domestic protection of human rights under the common law and by constitutional entrenchment.

Enforcement of human rights; principles of interpretation.

The content of substantive rights, including the following: life, self-determination, liberty and security of the person, freedom of movement, nationality, privacy, conscience, expression, association, assembly, equality, property, employment and education.

Human rights in a state of emergency.

18347. Property law (2 units)

Introduction: concept of a proprietary interest; what is property law; classification of property; the nature of a trust.

Ownership, title and possession: legal ownership; title; tenure and estates; equitable interests; possession -recovery and protection of possession; adverse possession.

Priority: doctrine of notice; statutory intervention (e.g. land registration); subrogation.

Creation and transfer of proprietary interests in land: creation; assignment; intervention of equity (e.g. Walsh v Lonsdale, part performance, estoppel, constructive and resulting trusts).

Future interests: remainders and reversions: trusts for sale; vested and contingent interest; rules against inalienability.

Concurrent interests: joint tenancy and tenancy in common; severance; termination.

Leases: nature of leases; relationship of landlord and tenant; termination; statutory intervention.

Easements: nature; creation and determination.

Licences: revocability; enforceability.

Covenants: between landlord and tenant; between adjoining and co-owners; role in use and management of land.

Security interests: mortgages; charges; pledges; liens.

One-unit Courses

18209. Administrative law (1 unit)

This course is an advanced course in administrative law, which will examine a number of selected topics in depth.

The topics which may be included in the course in any particular year include theories of administrative decision making, judicial review of administrative action ( ultra vires and procedural fairness), delegated legislation, administrative law remedies, the practical aspects of bringing an action for judicial review under Order 53 of the Rules of the Supreme Court, non-curial means of control and scrutiny of administrative action, the structure and operation of administrative tribunals in Hong Kong, the Bill of Rights and review of administrative decision-making in Hong Kong, and access to information.

The course in Constitutional and administrative law (or its equivalent) is a prerequisite for enrolment in this course.

18210. Alternative dispute resolution (1 unit)

This course will examine the traditional methods of dispute resolution such as judicial adjudication, and consider alternative dispute resolution from a Hong Kong perspective.

This course is composed of two main parts:

These methods of alternative dispute resolution will be examined by considering their present and potential application in Hong Kong, in such areas as: administrative complaints, commercial and construction disputes (both domestic and international), labour relations, landlord and tenant disputes and matrimonial disputes.

18211. Civil litigation (1 unit)

Introduction to civil procedure: an overview of the civil process including preliminary considerations before action, commencement, parties, pleadings, discovery, motions, pre-emptive strikes, trial, appeal, enforcement of judgments, judicial review, administrative litigation and other variations.

Introduction to advocacy: a consideration of how a party's legal position is presented, including theories and strategies of litigation, viva voce and other types of evidence, oral argument and appellate advocacy, negotiation and settlement, ethical considerations.

Critique of the trial process: an examination of the traditional adversarial process including adversarial and non-adversarial systems in other jurisdictions, and various forms of alternative dispute resolution within the adversarial context.

18212. Human rights in Hong Kong (1 unit)

History of enactment, the Bill of Rights Regime, interpretation, scope of application, inter-citizen rights, locus standi, permissible limitations, derogation and reservation, enforcement and remedy.

Study of selected rights, including impact on civil and criminal process, right to a fair and public trial, arrest, search and seizure, torture and degrading treatment, liberty and security of person, freedom of association and assembly, freedom of expression, right to nationality, right to family, right to political participation, discrimination and equality.

18213. International human rights (1 unit)

The course will include a common element and an optional component. The common element is divided into two parts: (a) conceptual issues and (b) modalities for prescribing, invoking, appraising and implementing human rights. The first part will include an introduction to the concept of human rights and development of international human rights law. The second part will examine the techniques and procedures in protecting human rights, including reporting procedure, fact-finding commission, role and functions of various official institutions and non-governmental organizations, domestic absorption of international standards, sanctions and humanitarian intervention.

The optional component will vary from year to year, depending on teachers' expertise and students' interest. It will cover one or more of the following areas: (a) an in-depth study of one of the human rights conventions, such as the European Convention on Human Rights, the Convention Against Torture or the Inter-American Convention of Human Rights, their modus operandi, cases and practices, and a critical appraisal of the system; (b) a study on contemporary international human rights issues, such as protection of minorities, non-discrimination, nationality and refugees; (c) a comparative study of constitutional protection of human rights in selected countries.

18214. Law in East Asia (1 unit)

This course will be the first opportunity for students in this Faculty to learn about the legal systems of the East Asian countries. The course will be taught thematically and comparatively from among the following topics:

• An introduction to the historical foundations of the modern legal systems of Japan, South Korea and Taiwan
• Legal institutions: structure of state, courts, legal professions
• Codification of law, especially the institutions of private law
• Civil and commercial law
• Civil process and mediation
• Rights of the accused person
• Human rights and the legal status of women
• Framework for foreign trade and investment

These topics will be examined from a comparative perspective with reference to the law in Hong Kong. The law will be analysed in the context of its history as well as its economic, political and cultural foundations.

18215. Introduction to Chinese law (1 unit)

A general overview of the present legal system and law of the PRC. The course begins with a survey of traditional Chinese law and the development of socialist theory and practice before and after 1949. It then provides an introduction to important areas of legislation enacted since 1979, including:

• Constitutional reform: courts, procuracy and lawyers
• Mediation and dispute settlement
• The criminal process
• Introduction to civil law
• Marriage law and the status of women
• Economic reform

18216. Business associations (1 unit)

Outline of different types of business associations.

Partnership: their nature and creation and the rights and duties of the partner inter se and vis-a-vis third parties.

Registered companies: their development and nature; problems relating to incorporation; separate corporate personality; limited liability; memorandum and articles of association; ultra vires doctrine; an overview of membership, management and control.

18217. Introduction to private international law (1 unit)

This course is intended to provide a basic introduction to the area of conflict of laws. It will provide an overview of the nature and theories of the conflict of laws; fundamental concepts; classification, characterization and renvoi; domicile and the status of individuals and corporations; the jurisdiction of local courts; the recognition and enforcement of foreign law; procedure and proof of foreign law; and the harmonization of conflicts rules through international treaties.

Problems of the choice of law in a number of the following areas will be considered: contracts, torts, property and succession.

18218. International commercial litigation (1 unit)

The course will examine in depth a number of important public and private international law issues from the perspective of international commercial litigation.

The areas to be covered may include: introduction to litigation and procedure in Hong Kong, Mareva injunctions and Anton Piller orders, the jurisdiction of Hong Kong courts over persons, firms and corporations and in in rent actions, extended jurisdiction under RSC, Order 11, the exercise of discretion on the grounds of lis alibi pendens and forum non conveniens, choice of jurisdiction clauses, and res judicata. Reference will be made to the position in other countries, e.g. Australia, Canada, the USA and PRC, as well as in Europe under the Brussels and Lugano Conventions.

The course will also deal with the issue of state immunity, the taking of evidence in other jurisdictions, and the enforcement of foreign judgements and arbitral awards in Hong Kong under the common law and statutory regimes.

18219. Fundamentals of evidence and trial procedure (1 unit)

What may be proved: facts in issue; relevance; admissibility and weight.

Functions of judge and jury: who decides; judicial discretion.

Burden of proof: standard of proof; presumptions.

Methods of proof: oral testimony; documentary evidence; real evidence, proof without evidence.

Oral testimony: competence, compellability of witnesses; questioning of witnesses including rules re previous consistent statements, refreshment of memory and collateral issues; corroboration of witnesses; identification evidence.

Hearsay: scope, rationale, problem areas.

Common law exceptions to hearsay: informal admissions especially confessions; other common law exceptions.

Statutory exceptions to hearsay: criminal; civil including Supreme Court Rules.

Evidence of character of parties.

Private privilege.

Public interest immunity.

(Note: The course is concerned with fundamentals only. Some topics will be dealt with very briefly, for example, public interest immunity, judicial notice similar facts evidence. In-depth study of these and other specialist areas is reserved for the course Issues in evidence and trial procedure.)

18220. Issues in evidence and trial procedure (1 unit)

The course is intended to provide an opportunity for (a) in depth study of specialist areas of the law relating to evidence and procedure and (b) introducing students to different approaches towards problems of proof suggested by scholars in other disciplines, especially probability theory.

Topics for study will be selected on a yearly basis from the following list: expert evidence; pre-trial discovery in civil cases; similar facts evidence; police practices and a fair trial; public interest immunity; interrogatories and other forms of admission; the use of forensic science; probability theory and proof; comparative evidence and procedure; practical evidence a simple case; admissibility/relevance of the confessions of third persons; evasions of the hearsay rule; features and problems of identification testimony; pre-trial and attrial experiments; reforms; codification, together with any current controversies or developments in the general area of evidence and procedure the teachers or students find appropriate or interesting.

(Note: Students enrolling for this course must have completed Fundamentals of evidence and trial procedure or an equivalent course.)

18221. Principles of family law (1 unit)

Marriage: customary marriage and marriage under the marriage ordinance, essential and formal validity, nullity and divorce, domestic violence.

Financial provision (in outline only): periodical payments, lump sum and property settlement on divorce.

Child custody: legitimacy, guardianship.

18222. Issues in family law (1 unit)

Matrimonial property (practice and procedure): rights and obligations of husband and wife and children at common law, in equity and under statute consequent upon marriage, divorce and nullity, non-disclosure and dissipation ¡X protective remedies, consent orders.

Parent and child: adoption, wardship, new reproductive methods and surrogacy, child abuse, care proceedings.

(Note: Students enrolling for Issues in family law should preferably have taken Principles of family law.)

18223. Issues in intellectual property law (1 unit)

This course examines current controversial issues and problems in intellectual property law in the context of the circumstances of Hong Kong, with reference but not limited to the following areas:

• The concept of unfair competition, particularly in relation to comparative advertising and character merchandizing
• Passing off action and other economic torts
• Registration of trade marks relating to goods and trade marks relating to services
• Protection of confidence and privacy, and any possible interaction with the Bill of Rights
• Patents: requirements for grant and infringement

18224. Copyright law (1 unit)

Economic, social and other justifications for copyright protection.

Requirements for copyright protection under the relevant copyright statutes.

Rights subsisting under a copyright and its infringement.

The law relating to industrial designs.

Reforms of copyright law.

Comparative study of copyright law in the People's Republic of China and/or Taiwan.

18225. Selected problems of international law (1 unit)

A detailed examination of selected issues of international law in areas such as international environmental law, international criminal law, law of treaties, international economic law, law of the sea, law of war and humanitarian law, air and space law, international organizations and settlement of international disputes.

18226. International trade law I (1 unit)

International trade terms and the use of documents in export sales; contract issues in the international trade context; China trade comparisons; attempts at standardization, codification and unification; Hong Kong regulation of international sales transactions; bills of exchange; collections; documentary credits; bank guarantees and performance bonds; export credit insurance.

18227. International trade law II (1 unit)

Carriage by sea; carriage by air; multi-modal transport and containerization; marine insurance; commercial arbitration regimes in Hong Kong and abroad; public regulation of international trade including aspects of the General Agreement on Tariffs and Trade and Multi-fibre Agreement.

18228. People's Republic of China civil and commercial law (1 unit)

This course provides a more detailed discussion of current civil, economic and commercial legislation in the PRC. The course focuses on domestic law, including civil law, enterprise law, economic contract law, dispute resolution, intellectual property law and labour law, and concludes with a brief introduction to doing business in the PRC.

Prerequisite: Completion of Introduction to Chinese law or the equivalent.

18229. Equity and introduction to trusts (1 unit)

History and nature of equity; equity and property (mortgages, assignments, charges); equity and trusts (fiduciary obligations, breach of confidence other than trade secrets); undue influence; equity and unconscionability (mistake, misrepresentation, penalties, rectification, estoppel); equity and unjust enrichment (contribution, subrogation, equity of redemption); equitable interests (priorities, rule in Dearle v. Hall, rule in Barnes v. Addy ); equity and public law (confidence and government, statutes of limitation, public law injunctions); equitable remedies (account, compensation, rescission, Lord Cairns's Act, injunction).

18230. Trusts (1 unit)

Creation of equitable interests under settlements and trusts; powers of appointment; discretionary trusts; constructive and resulting trusts; charitable trusts.

The nature and purpose of the office of trustee; his rights, duties and liabilities, appointment, retirement and remuneration.

The administration of solvent and insolvent estates; the remedies of beneficiaries and the control of the court over trusts and trustees.

18231. The child and the law (1 unit)

Special attention to be given to the law relating to the child by examining the increasing importance of the child in family law. Evaluation of law governing parent and child relationship; the concept of parental rights and duties; the emergence of children's rights; the relationship between the child and the state; child protection under municipal and international law.

18232. Law of agency (1 unit)

The nature and creation of agency relationship; the relationship and rights and duties of principal and agent inter se and vis-a-vis third parties; comparison of the ability of the 'agent' to affect the 'principal's' legal position in contract, tort and property.

18233. Shipping law (1 unit)

This course will examine the law relating to the carriage of goods by sea. Particular emphasis will be placed on charterparties (time, voyage, and demise), recent issues affecting bills of lading, exclusion and limitation of liability, demurrage, freight, liens and damages.

18235. Economic analysis of law (1 unit)

The course will begin with a brief review of the major forms of law and economics scholarship. Introduction to basic concepts such as moral hazard, adverse selection, collective action, free ride, prisoner's dilemma, tragedy of the commons, and externalities will be provided during the beginning of the course. Thereafter, discussion will enter into areas such as contracts, property, torts, corporations, and collective decision making. The course will end with the major criticisms of the law and economics scholarship.

The course is not designed to teach law per se in any of these areas, but instead uses examples from these areas to highlight the economic tools and concepts and to show their usefulness in many areas of the law.

18236. Legal fictions: representations of the law in literature, philosophy and cinema (1 unit)

This course will examine the representation of law in a variety of contexts: literary, philosophical and cinematic. Issues such as justice, rights, the Rule of Law, positivism, the language of the law, the trial and the role of the profession will be canvassed through 'texts' as varied as Plato's Republic, Sophocles's Antigone, Mary Shelley's Frankenstein, Melville's Bartleby the Scrivener , Dickens's A Tale of Two Cities (or, alternatively, Bleak House), Kafka's The Trial (or Before the Law ), Dworkin's Law's Empire, Foucault's Discipline and Punish , Witness for the Prosecution, Judgment at Nuremberg and perhaps a sampling of various television series ('Rumpole', 'LA Law', 'Perry Mason', 'Street Legal' and possibly that series that was stranger than fiction, the OJ Simpson trial).

How the law is 'imagined' by these various 'texts' constitutes an important social document, unlocking, to a certain extent, the values ¡X moral, political, juridical ¡X of the culture that produced the document. But this course will argue that these representations of the law do more than just 'hold up a mirror to nature'; indeed, they force us to rethink the law, reconceiving it, as well, as a representation ¡X in short, a text, subject to the same conventions of aesthetic representation. So the course will conclude by examining actual legal judgments, and how those judgments are informed by narrative conventions, plot structures, novelistic characterization and constitutive metaphors.

18237. The law of restitution (1 unit)

This course covers the following topics: basic concepts in the law of restitution; restitution for money paid upon mistake; restitution of benefits paid upon failure of consideration; restitution of unlawful tax payments; restitutionary claims from 'third parties' (knowing receipt & tracing); restitutionary remedy for torts, breach of contract and equitable wrongs; defences for claims in restitution; restitutionary claims in insolvency proceedings.

18238. Securities regulation (1 unit)

This course is an introduction to the framework of securities regulations. Topics include: self-regulation, regulatory agencies, financial and transactional intermediaries, primary distributions, secondary trading, acquisitions and mergers, insider trading, securities fraud, derivatives and globalization.

18239. Chinese laws governing foreign investments (1 unit)

The course will examine the laws and regulations governing foreign investment in China. The focus is not so much on an analytical study of each individual enactment, but on how they all come together to create the present legal and business regime and culture in which foreign investors are to function.

The course will consider the laws governing the activities of foreign investment enterprises (e.g. foreign exchange, labour issues, organizing subsidiaries), foreign investment forms (e.g. equity joint ventures, co-operative joint ventures, wholly foreign-owned enterprises), restricted investments (e.g. banking, other financial services, telecommunications, retail and wholesale trade) and corporate organizations (e.g. companies limited by shares, conversion of state-owned enterprises, holding companies and mergers). The many practical difficulties faced by foreign investors, and the limitations of the current legal framework will be examined.

18311. Labour law (1 unit)

The scope and sources of labour law.

The contract of employment: formation; obligations of parties, express and implied; termination and suspension of the contract and remedies for breach; restraint of trade; apprenticeship.

Statutes affecting employment terms in regard to formal requirements, wages, notice of termination; suspension, lay-off and redundancy; hours of work, rest days and holidays; children, young persons and women; the Labour Tribunal.

The employer's responsibility for the safety of his employees; negligence and breach of statutory duty; health, safety and welfare and other conditions of work in industry; enforcement; employees compensation.

The law of collective relations (in outline only).

18314. Public international law (1 unit)

Topics will include some of the following: introduction to the nature of international law and its historical development; sources of international law; the relationship between international and municipal law; the subjects of international law; the concept of sovereignty and state recognition; state jurisdiction; the acquisition and loss of territory; state responsibility; state succession; treaties and other international legal agreements; the pacific settlement of disputes; the use of force; international institutions; human rights.

The above is intended merely as a guide to the general nature of the subject matter to be covered. Special reference will be made throughout to considerations which are particularly relevant in the Hong Kong and Southeast Asian contexts.

18322. Comparative law (1 unit)

The common law system provides principles and methods for responding to society's needs and values. Some of those principles and methods will be compared with the legal and extra-legal equivalents in non-common law nations. The influence of special social and economic characteristics will be noted. Appropriate jurisprudential theory will be discussed.

There will be case studies of one or both of the following:

• The Constitutions of the People's Republic of China and the USSR with those of selected common law jurisdictions (e.g. UK, USA, Australia)
• The principles of the civil law of selected European nations with equivalent common law principles, taking special note of the harmonization policy of the EEC

18323. Criminology (1 unit)

Criminology involves a study of the phenomenon of crime and will involve a consideration of the following areas: the definition and nature of crime; the justification and theories of punishment; the various schools which provide perspectives on the understanding of the etiology of crime; the treatment of the offender and crime prevention and control.

18324. Insolvency law (1 unit)

The law of bankruptcy, and of winding up and dissolution of companies, and the recovery of debts generally. Acts of bankruptcy, commencement, the petition, bankruptcy of a firm, appointment of a receiver, adjudication, compositions and schemes of arrangement, consequences of bankruptcy, criminal bankruptcy, disabilities, discharge.

The failure of a company's business from the directors' and members' view-point, the decision to wind up and consequences of delay, the effect of prior receivership and the claims of secured creditors on winding up in general.

Winding up by the Court, the petition, winding up orders and their consequences, the role of the liquidator. Voluntary winding up, its general procedures and consequences, preferential debts, effect of winding up on antecedent and other transactions, proof of debts, dissolution, the lawyer's role.

18325. Insurance law (1 unit)

Regulation of the insurance industry, types of insurance, indemnity and non-indemnity insurance, definition of insurance, the insurance contract, renewal, indemnity, contribution, subrogation, insurable interest, the duty of utmost good faith, disclosure, the proposal as the basis of the contract, promissory warranties, waiver, definition of the risk, limits of liability, exceptions and conditions, third parties rights against the insurer, motor insurance, employees compensation insurance.

18327. International organizations (1 unit)

International organizations: their developing importance especially in regional affairs; their constitutions; their law-making roles and methods; the importance of consensus, package deals and weighted votes; their status within the framework of international law.

A selection will be made from the following case studies:

• The United Nations Conference on the Law of the Sea (UNCLOS III)
• Regional economic organization: the Pacific Forum, the Organization of American States, the Organization of African Unity
• Regional defence organization: NATO, the Warsaw Pact

18328. Legal history (1 unit)

18332. Remedies (1 unit)

Damages: purpose, assessment and entitlement to damages at common law; remoteness of damages in contract and tort; damages for personal injury; damages in equity.

Specific performance: nature of the remedy; specific performance as an alternative to damages; supervision of the performance; discretionary consideration.

Injunctions: equitable origins of the injunction; power to grant injunctions; the different types of injunction; penalties for failure to comply with an injunction.

Other equitable remedies: declarations; restitution; rescission; rectification; account; delivery-up and cancellation of documents; receivers.

Defences to equitable remedies: the maxims of equity; the overriding discretion of the court.

18333. Admiralty (1 unit)

Introduction: maritime law; the Hong Kong legislation; public control of shipping and navigation in Hong Kong waters; control of marine pollution.

The ship: the ship as property; registration; purchase and sale; ship mortgages; liens; construction, maintenance and equipment; master and crew.

The running of the ship: contract of passage; contract of affreightment; charter-parties; loading and discharge; bills of lading; exclusion and limitation of liability; the Hague Rules; general average.

Navigation, safety at sea and collisions: the collision regulations; Hong Kong harbour regulations; collisions and liability for damage; limitation of liability.

Salvage, towage and wreck.

Marine insurance: history; course of business at Lloyds; insurable interest; indemnity; utmost good faith; types of policy; perils insured against; contents of policies; losses and other incidents of liability; rights of insurers; assignment of policies; mutual insurance.

18334. Planning and environmental law (1 unit)

Planning and building law in Hong Kong; control of development in urban and country areas by Crown lease restrictions, legislation and subsidiary legislation; the role of the Housing Authority; the part common-law remedies can play.

Land resumption and compensation: the statutory provisions; compensation for resumption; the Lands Tribunal; ex gratia compensation; the New Territories and the letter B system.

Environmental law: the statutory and regulatory framework in Hong Kong; the administrative and procedural controls; the common law and pollution.

18335. Sociology of law (1 unit)

The main objective of the course is to provide a general introduction to the sociological study of law. It attempts to develop an understanding of law in its social context by examining social theories of law and empirical research relating to law in contemporary industrialized societies, including Hong Kong.

In seeking to explore the operation of law in action, the course first explores the theories and typologies of Durkheim and Weber with particular emphasis on problems of legitimacy, ideology, and social solidarity.

Specific sociologically significant features of the law are then considered. These include: the legal profession; the functions of courts; the enforcement of law by the police; the Rule of Law.

18336. Succession (1 unit)

The law relating to the validity, construction, revocation and operation of wills and the rules governing intestate succession; family provision, the nature and purpose of the office of executor and administrator.

18338. Medico-legal issues (1 unit)

This course examines overlapping issues in law and medicine in medical, legal and philosophical contexts. The aim is to study a variety of problems of life, death and consent to treatment. Students are expected to argue about problems from a variety of viewpoints including ethical argument. The issues considered will include the following:

• Issues of life: e.g. the new reproductive technology
• Medical treatment: e.g. consent to treatment
• Issues of death: e.g. euthanasia

18341. Bank security (1 unit)

Lending and securities: the role of banks in trade and other financing; lending criteria; forms of securities; securities over goods and documents of title to goods including pledges, hypothecation and liens; financing of international trade including letters of credit, documentary bills of exchange, letters of guarantee and performance bonds; effect of Bills of Sale legislation; guarantees and sureties; set-off; fixed and floating charges; enforcement and realization of securities; general discussion of loan documentation.

Duties of banker in taking securities: undue influence; mistake; misrepresentation; duties to inform or disclose to customer and third parties.

Court proceedings affecting banker: garnishee proceedings; Mareva injunctions; disclosure orders; insolvency of customer; banker's liability as constructive trustee; jurisdiction and conflict of laws especially in regard to international banking.

(Note: Unless exempted, candidates are required to have taken Banking law before taking this course.)

18342. Current legal controversies (1 unit)

The main objective of this course is to examine two or more topical legal issues in Hong Kong and place them in their social and political context. This will both encourage a more profound understanding of 'law in action' in specified areas, and serve as an opportunity to bring students up to date in subjects they have studied, but which may have changed in important respects since they studied them. It also allows for a broader analysis of legal problems, their genesis, development and effect than is possible in other courses. This analysis seeks where possible to straddle the borders of discrete law subjects and to consider the general question of the reform of the law.

18343. The Hong Kong Basic Law (1 unit)

The background to the Basic Law (the Joint Declaration and the process of drafting and agreeing on the Basic Law), basic Chinese and British constitutional concepts relevant to an understanding of the structure and orientation of the Basic Law, the relationship of the Basic Law to the Chinese Constitution, the relationship between the Hong Kong Special Administrative Region and the Chinese central government, the institutional structure of the Hong Kong SAR, especially the relationship between the executive and the legislature, the concept and special aspects of 'one country, two systems' (e.g. the economic system preserved in the Basic Law), human rights, judicial review and constitutional litigation.

18344. Banking law (1 unit)

Introduction: history of banking; outline of banking organization, control and regulation of financial institutions in Hong Kong; distinction drawn between banks and other deposit-taking institutions.

Banker-customer relationship: nature of the relationship and its development; meaning of 'customer' and types of accounts; banker's rights as against customer including appropriation of payment, lien and set-off; duties of banker including secrecy and payment of customers' cheques; implied duties of the customer; contractual attempts to modify such duties; supply of references; banker as adviser; determination of relationship.

Paper-based funds transfers: general principles in law relating to choses in action and their assignment; negotiable instruments especially cheques; money paid by mistake; forgery; direct debits; credit transfers.

Electronic funds transfers and other modern banking developments: nature and operation of various means of electronic funds transfers including consumer-related and non-consumer-related transfers; legal implications of such transfers; revocability and finality of payment instructions; standing orders; cheque cards; credit cards.

18346. Legal writing and research (1 unit)

Legal writing: construction of legal arguments in cogent prose; grammar; usage; style; citation; briefing a case; updating a statute; drafting a memorandum.

Legal research: strategies; primary sources of Hong Kong, British, Commonwealth and American law; secondary literature; library research; computer-assisted search.

18348. Introduction to legal theory (1 unit)

The nature of law and laws: the central questions of legal theory, the relationship between law and morality, the function of law in society, the concepts and techniques used in the operation of developed legal systems.

Legal positivism: the command theory of law: Bentham and Austin; Hart's concept of law; Kelsen's pure theory of law.

Natural law and natural rights: Finnis, Dworkin, the nature of rights.

Legal realism; historical jurisprudence; legal reasoning; the future of the law in Hong Kong.

18349. Law, justice and ideology (1 unit)

Social theory and the sociology of law: Pound, Erlich, Durkheim, Weber; law and social change.

Law as ideology: law and power, Marxist theories of law and state, critical legal studies.

Theories of justice: utilitarianism, the economic analysis of law, Rawls, Nozick, Hayek.

18351. Commercial law I (1 unit)

Sale of goods: formation and subject matter of contract; duties of seller: title, quality, quantity, delivery; duties of buyer: transfer of property and risk; frustration and other discharge; seller's remedies; buyer's remedies.

Acquisition of goods from non-owner: nemo dat and exceptions.

18352. Commercial law II (1 unit)

Consumer protection: product liability; statutory duties; exemption clauses and control thereof.

Personal property security interest: retention of title, hire-purchase, finance lease, sale and mortgage hire back, chattel mortgage, etc.

Carriage and storage of goods: general introduction with emphasis on carriers and warehousemen as bailees.

18353. Company law (1 unit)

Capital: the nature and types of capital; raising, maintenance and reduction of capital; shares: transfer and registration, purchase by a company and financial assistance for purchase of its own shares; dividends, distributable profits.

Corporate borrowing: debentures, company charges, floating charges, registration, remedies of charge.

The governance of a company: members, general meetings; directors, the position and duties of directors; board meetings; conflict of interest; majority rule, minority protection; external regulation, disclosure, notifications, annual return, audits, inspections and investigations.

Corporate failure: reconstructions and schemes and winding-up (overview).

Listed companies: regulation; public issues; mergers, acquisitions and takeovers.

18357. Use of Chinese in law I (1 unit)

This course is designed to introduce students to the developing bilingual legal system in Hong Kong. It will be taught in Chinese (Cantonese).

Lectures will deal mainly with the following: the history of the official language policy in Hong Kong; Chinese legal vocabulary relating to basic legal concepts and areas of law such as public law, criminal law, the law of criminal procedure, the law of contract, the law of property and the law of tort; sources of Chinese language legal literature in Hong Kong, Taiwan and mainland China; the translation of legal documents.

Tutorials will involve discussion (in Cantonese) of basic elements in the Hong Kong legal system, hypothetical cases and current issues, as well as the use of Chinese to explain English legal documents and give legal advice.

Note: The Hong Kong Common Professional Examination Certificate in Laws (HKCPECLL) is awarded jointly by the Faculty of Law and the School of Professional and Continuing Education. For details please see page 818.