(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)

Admission requirements

LL 13 To be eligible for admission to the courses leading to the degree of Master of Laws a candidate shall

A candidate for admission under Regulation (b)(ii), (b)(iii) or (b)(iv) above shall produce evidence of sufficient academic attainment and shall satisfy the examiners in a qualifying examination if such an examination is required. A candidate who fails to meet the requirements of (b)(iv) above by reason only of the fact that his or her degree is not of at least second class honours standard may, nevertheless, be admitted provided that the Faculty Higher Degrees Committee is satisfied that by reason of his or her background, experience and professional qualifications, if any, the candidate is fit to follow the courses.

Qualifying examination

LL 14

Award of degree

LL 15To be eligible for the award of the degree of Master of Laws a candidate shall

Curriculum

LL 16The curriculum shall comprise a minimum of 300 hours of prescribed work normally extending over one academic year of full-time study or two academic years of part-time study. To complete the curriculum a candidate shall

LL 17

Dissertation

LL 18 A candidate who elects to submit a dissertation either as a full or half course shall

In exceptional circumstances a candidate may apply to the Faculty Board for an extension of the period within which the dissertation must be presented.

The candidate shall submit a statement that the dissertation represents his own work undertaken after registration as a candidate for the degree.

The examiners may require an oral examination on the subject of the dissertation.

Failure to satisfy the examiners

LL 19 A candidate who has failed to satisfy the examiners in a course or courses of instruction may be permitted

LL 20 A candidate who has failed to present a satisfactory dissertation may be permitted, subject to his performance in other examinations, to revise the dissertation and to re-present it within a specified period as determined by the Board of Examiners after receiving a notice that it is unsatisfactory.

LL 21 A candidate who is not permitted to present himself for re-examination in any course or courses of instruction in which he has failed to satisfy the examiners or to revise and re-present the dissertation shall be recommended for discontinuation of studies under General Regulation G 12.

Absence from examination

LL 22 A candidate who is unable because of illness or other acceptable reason to attend for examination may apply for permission to attend for examination at some other time.

Examination results

LL 23 At the conclusion of the examination and after presentation of the dissertations a pass list shall be published in alphabetical order. A candidate who has shown exceptional merit at the whole examination may be awarded a mark of distinction and this mark shall be recorded in the candidate's degree diploma.

Admission to the second year of the part-time curriculum

LL 24 A candidate who has been admitted to any of the courses leading to the award of the Postgraduate Diploma in Commercial Law or the Postgraduate Diploma in the Law of the People's Republic of China or the Postgraduate Diploma in Public Law, and who has satisfied the examiners in all examinations, may be considered for admission to the second year of the part-time curriculum leading towards the award of the degree of Master of Laws provided that his or her application for conversion has been submitted on or before the prescribed deadline. Candidates who satisfy the examiners in the examinations of the second year shall qualify for the award of the Degree of Master of Laws, but shall not qualify for the award of the relevant Postgraduate Diploma. Candidates who, however, fail to satisfy the examiners and who are therefore not eligible for the award of the degree of Master of Laws shall qualify for the award of the relevant Postgraduate Diploma.

SYLLABUSES FOR THE DEGREE OF
MASTER OF LAWS

OBJECTIVES

The degree of Master of Laws is offered by the Department of Law to meet a need in specialist areas of the law that are of importance to Hong Kong and its locality, and to offer courses which Hong Kong is perhaps uniquely placed to provide to students from both within and outside Hong Kong. The courses available at present focus upon international trade law, commercial law, Chinese law and public law.

LENGTH OF CURRICULUM

Candidates normally take a full-time curriculum extending over one academic year or, if in full-time employment, a part-time curriculum extending over two academic years. A full-time candidate may be required to take a curriculum extending over two academic years where it appears that he is unlikely to be able to complete the necessary study in one year.

COURSE OF STUDY

Every candidate is required to follow instruction through the medium of lecture courses, seminars and small group tuition.

STRUCTURE

Candidates are required to follow the equivalent of four full courses of instruction. Both full and half courses are offered. A full course is taught over two semesters and a half course is taught over one semester. Half courses may be offered in either the first or second semester. Candidates must choose at least one full course to complete the requirements of the curriculum. The remaining courses may be made up of half courses. A dissertation can be equivalent to a full or half course (see below).

Candidates, on accepting a place, shall notify the Faculty Higher Degrees Committee of the Faculty of Law of the courses which they wish to follow. The selection of courses shall, however, be subject to approval by the Faculty Higher Degrees Committee in the light of the availability of resources. The Faculty Higher Degrees Committee may require the candidate to undertake preliminary study before embarking upon certain courses. Not all courses listed in the syllabuses may be available in any one academic year.

DISSERTATION

To be regarded as a full course a dissertation shall comprise a paper not exceeding 20,000 words (exclusive of tables of cases and statutes, notes, appendices and bibliographies) on a legal topic approved by the Faculty Higher Degrees Committee. A half course dissertation shall comprise a paper on a legal topic not exceeding 10,000 words (exclusive of tables of cases and statutes, notes, appendices and bibliographies). In both cases the dissertation must provide evidence of original work or a capacity for critical analysis. For the purpose of Regulation LL 16 a full course dissertation will be regarded as equivalent to a minimum of 75 hours of prescribed work and a half course dissertation will be regarded as equivalent to a minimum of 37-1/2 hours of prescribed work.

COURSEWORK

The Board of Examiners shall decide what proportion of the final assessment for each course of instruction shall be determined by written work carried out during the course. Candidates will be informed at the beginning of the course of the relative proportions of the final assessment to be derived from coursework and from written examinations which will be held at the end of the teaching programme.

COURSE OUTLINES

Full Courses

• Admiralty
• Credit and security law
• Civil and commercial law in the People's Republic of China
• Human rights law: theory and practice
• Intellectual property law
• International commercial transactions
• International dispute resolution
• Introduction to Chinese law and legal system
• Introduction to law in East Asia
• Remedies
• Shipping law
• Taxation and tax planning
• Trade and investment in the People's Republic of China

Half Courses

• Advanced administrative law
• Arbitration law workshop
• Banking law
• Comparative insolvency law
• Construction law
• Equality and the law
• Hong Kong and international law
• Hong Kong Basic Law
• Hong Kong environmental law
• Human rights in Hong Kong
• International air law: structure and organization
• International criminal law
• International environmental law
• International humanitarian law
• Introduction to Chinese law
• Legal fictions: representations of the law in literature, philosophy and cinema
• Liabilities in international aviation
• Postmodern legal theory
• Privacy and data protection
• People's Republic of China intellectual property
• Securities regulation
• Taxation in the People's Republic of China
• The law of restitution
• Transnational insolvency law

Full Courses

18411. Credit and security law

The legal aspects of supplying and securing credit in respect of individuals and companies; the legal means of taking security over different types of property.

Aspects of law that are particularly relevant to non-corporate credit and security are: charges, mortgages, hire-purchase, bills of sale, pledges and liens, and assignments of chose in action.

The areas of law that are particularly relevant to corporate credit and security include floating and fixed charges, conditional sales, trusts, and hire-purchase.

Topics to be studied include: the concept of security, the role of Equity in security transactions, real and personal securities, types of business finance, insolvency, drafting of documentation to achieve particular purposes, and remedies.

18412. Trade and investment in the People's Republic of China

This course provides a comprehensive treatment of the major legal aspects of international trade, investment, finance and dispute resolution in the People's Republic of China. After a brief introduction to the Chinese legal system, the course concentrates on foreign-related legislation governing trade and investment in China. Particular attention is given to standard-form and model contracts as well as prevailing Chinese practices in the fields of trade and investment.

Areas treated in detail include: customs; import and export licensing; foreign economic contract law; technology transfer; trade finance; compensation trade; investment protection; foreign investment vehicles equity joint ventures, co-operative ventures and wholly foreign-owned subsidiaries; special investment regimes Special Economic Zones, Economic and Technological Development Zones and the Open Coastal Cities; foreign exchange problems; taxation and investment finance. Dispute resolution is also considered at length, with discussion of Chinese and third-country arbitration and enforcement of foreign arbitral awards as well as litigation in the People's Courts. A reading knowledge of simplified Chinese characters would be desirable.

18415. International commercial transactions

This course is basically concerned with a wide range of problems faced by a business which invests outside its own country. Although not geared specifically to investment in particular countries, the course will draw on examples from Europe and North America. A particular effort will be made to examine the legal system, business environment and regulation of foreign investment in a neighbouring Asian country.

Topics discussed include: inward and outward foreign investment; form of investment structure (joint venture, foreign legal entities, branches and subsidiaries); regulation of foreign investment; protection of investment.

International distribution of goods; agency agreements; franchising; licensing of intellectual property and know-how.

Political and economic risk and strategies for minimizing its impact.

International tax aspects; antitrust and securities aspects; international litigation and international commercial arbitration; impact of foreign legal systems and rules (e.g. choice of law and forum); use of foreign counsel.

International economic regulation; the General Agreement on Trade and Tariffs (GATT) and related agreements and the World Trade Organization (WTO).

Regional economic integration; the European Union (EU); The North American Free Trade Agreement (NAFTA); The ASEAN Free Trade Agreement (AFTA); Asia Pacific Economic Co-ordination(APEC).

18416. Admiralty

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.

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.

18417. Shipping law

Contracts of affreightment; charterparties; agency; bills of lading; exclusion and limitation of liability; loading and discharge; master's authority; shipowner's duty; demurrage; freight; time charters; liens; damages; general average; legislation affecting contracts of affreightment.

18421. Intellectual property law

A comparative study of the Hong Kong law relating to patents, copyright, registered designs, trade marks, trade secrets, trade descriptions, common law remedies including and akin to passing off and injurious falsehood, and associated rights in information. Previous study or practice in the area of intellectual property would be an advantage but is not essential provided some preliminary private study is undertaken.

18429. Remedies

The purpose of the course is to study the range of remedies available in commercial transactions. It will look at the tactic of re-classifying the transaction to achieve the relief sought, and the various types of judicial relief, especially those available before trial.

Common law damages: developments in assessing remoteness, the imposition of pre-agreed amounts, debts, the avoidance of penalties, and the question of whether loss must be proved.

Equity: the nature and relevant factors for discretionary relief, the prevention of equitable fraud through estoppel, constructive trusts and the imposition of the fiduciary obligation, and restitution.

Statutory remedies: the pre-emptive strikes, especially the Mareva injunction and the Anton Piller order, and the declaration.

Particular remedies: including the vendor/purchaser summons, promissory and proprietary estoppels, and relief against forfeiture.

18432. Taxation and tax planning

This course assumes a basic knowledge of the general principles of taxation law.

This course will examine three distinct, yet interdependent, areas. They are: comparative international taxation systems, principles of international tax planning and tax planning in Hong Kong. Specific topics to be covered include the following:

• Inbound investment: the principles of efficient structuring for investors from both high and low tax countries.
• Outbound investment: the principles of efficient structuring; formulating an international tax plan.
• International taxation: use of tax treaties; withholding tax; tax efficient financing; mergers and acquisitions; exploitation of international property; real estate; tax incentives; tax havens; impact of exchange control and foreign investment regulations.
• Tax planning and anti-avoidance legislation.
• Hong Kong: planning for property redevelopment, financing structures, planning for offshore business activity, offshore restructuring (asset protection, redomiciling, the use of offshore trusts and companies), personal taxation (structuring compensation packages), estate duty and stamp duty planning.
• Case studies involving cross-border business activity in Hong Kong and selected Asia-Pacific countries (particularly, Japan, Singapore, the PRC and the United States) will be an integral part of the course.

18433. Introduction to Chinese law and legal system

A broad introduction to traditional Chinese law, twentieth-century legal reform and the current legal system of the People's Republic of China. The first part of the course will consider the traditional Chinese legal system, particularly during the eighteenth and nineteenth centuries, and will conclude with an analysis of late Qing and early Republican law reform. The second part of the course will cover legal developments from the establishment of the People's Republic through the Cultural Revolution. The third and main part of the course will consist of a detailed consideration of the legal system and the role of law in the PRC since 1978. Specific areas of study will include constitutional reform and the legal structure, the enactment of a civil code, the introduction of economic reforms, family and inheritance law, criminal law and criminal procedure, nationality law and human rights issues. A reading knowledge of simplified Chinese characters is desirable.

18434. Human rights law: theory and practice

This course will examine the development of international human rights law and practice with a particular focus on its relevance to Hong Kong and the region. It will consist of three main sections: (a) an introduction to the concept of human rights and the development of international human rights law; (b) a detailed examination of the relationship between international human rights norms and Hong Kong law and practice (including an in-depth examination of the content and operation of the Hong Kong Bill of Rights Ordinance and its impact on Hong Kong law); and (c) an examination of selected human rights issues of current theoretical and practical importance, including those which are of special relevance to Hong Kong or the region (such issues might include refugees, nationality and human rights, violation of human rights by non-State actors, human rights in China, the role of non-governmental organizations in the promotion of human rights).

18435. Introduction to law in East Asia

The purpose of this course is to examine the legal institutions, methods, principles and values of East Asian legal systems with a civil law tradition. It will focus on the legal systems of Japan, South Korea and Taiwan.

Like Hong Kong and Singapore, these three East Asian countries have enjoyed enormous economic growth in the postwar period. They also have common cultural traditions with Hong Kong and Singapore but for historical reasons their legal systems are rooted in the civil law tradition of Western Europe rather than in the common law.

The syllabus includes 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 and legal structures for foreign trade and investment; civil process and mediation. These topics will be examined from a comparative perspective. The law will be analysed in the context of its history as well as its economic, political and cultural foundations.

18437. International dispute resolution

This course will examine various methods used to resolve international commercial disputes, with particular emphasis on dispute resolution proceedings in the Asia Pacific region. The course is composed of two main parts:

Negotiation, mediation, conciliation, fact finding and commissions of inquiry and good offices. Special tribunals established for the resolution of international disputes will also be examined, such as ICSID and the General Agreement on Tariffs and Trade.

Ad hoc arbitration, model arbitration laws and rules, arbitration laws of Hong Kong, China and other states in the Asia Pacific region and issues relating to the arbitral process and procedure, such as the admissibility of commercial disputes, the applicable law, interim and final remedies, challenges to arbitral awards and the recognition and enforcement of arbitral awards.

18479. Civil and commercial law in the People's Republic of China

Topics to be covered include: the law of person, agency, property, obligations (contracts, torts etc), family and succession, with an introduction to traditions, reforms, civil procedure and modes of alternative dispute resolution. Each topic is discussed in light of recent developments in China, such as corporatization of Chinese enterprises, experiments in bankruptcy, contract employment and regulating the new urban real estate market. Reading knowledge of Chinese helpful but not required. No prerequisite.

Half Courses

18461. Advanced administrative law

This course is an advanced course in administrative law which will focus on the decision-making process of administrative bodies. Topics to be covered include: theories of administrative decision making, the procedure and content of administrative decision making, judicial ( ultra vires, procedural fairness, estoppel and other limits on the exercise of discretionary power) and extra-judicial (ombudsman and other non-curial bodies) control of administrative action, the practical and procedural aspects of bringing an application for judicial review under Order 53 of the Supreme Court Ordinance, access to information (including the right to give reason and use of discovery proceedings), habeas corpus and remedies (including restitution). Emphasis will also be placed on subordinate legislation and the operation of some administrative tribunals.

18462. Comparative insolvency law

This course will offer a comparative approach to insolvency law. The course will primarily compare the insolvency law of Hong Kong with that of the United States, although reference will also be made to the insolvency law of other jurisdictions, such as the United Kingdom and Australia. Issues involving both personal bankruptcy and corporate liquidation will be discussed. Much of the class discussion will involve an analysis of the many reform proposals of the Law Reform Commission and the Sub -Committee on Insolvency.

Among the topics that are likely to be discussed are the following: introduction to and history of insolvency law; insolvency as a means of debt collection; protection of secured creditors; insolvency principles; overview of the insolvency process; commencement of insolvency cases; dismissal; claims against the estate or debtor; property available for distribution to creditors; role of the trustee and liquidator; avoidance powers (e.g. attachments, fraudulent preferences, floating charges); priorities; the stay; alternatives to bankruptcy and liquidation; and the impact of 1997.

Discussion will focus on the similarity and differences of the various legal regimes studied in the course. One aim of the course is for students to consider the adequacy of Hong Kong's existing insolvency law and of the law reform proposals regarding insolvency.

18463. Construction law

The purpose of this course is to provide an introduction to the subject of construction law in Hong Kong. It will consist of three main areas: (a) an introduction to the topic and the importance of the sector to the local economy; the professionals engaged in construction and their regulation; the forms of contract and standard forms of agreement in use locally; (b) the legal framework for construction activities in Hong Kong including the relevant legislation, e.g. Buildings Ordinance, Town Planning Ordinance etc.; contract law and procedures; substantive law issues, and dispute resolution; and (c) construction practice for solicitors with attention to drafting, project structures and general advice for construction clients.

18464. Equality and the law

Significant protection against discrimination under the law of Hong Kong has been available only since the enactment of the Hong Kong Bill of Rights Ordinance in 1991 and the passage of sex and disability discrimination legislation in 1995. These focused considerable attention on the existence of patterns of discrimination in Hong Kong.

The purpose of this course is to explore the theoretical foundations and practical efficacy of the models of equality and non-discrimination underlying Hong Kong's anti-discrimination laws. The course will examine from a historical perspective the existence of institutionalized discrimination in Hong Kong and the reasons for its persistence, as well as the failure of the common law to address these issues. The background to the enactment of anti-discrimination and equal opportunities laws in Hong Kong will also be examined. Aspects of the substantive law of non-discrimination ¡X including comparative and international material will also be considered. Finally, the efficacy of law (and of the Hong Kong law and institutions in particular) as an instrument for addressing inequality will be discussed. The course will focus on different aspects of the problem of inequality and the role of law from year to year.

18465. Hong Kong and international law

The course is divided into two parts: (a) international law ¡X a conceptual review and (b) application of international legal norms in the Hong Kong context. The topics covered in the first part include the nature, origin and basis of international law; sources of international law; international legal personality; jurisdiction; international responsibility; international intercourse (treaties); and international disputes (peaceful and forcible means of dispute settlement). The issues to be studied under the second part of the course are: the place of international law in the Hong Kong legal system; Hong Kong as an 'international legal person' (including 'autonomy' and 'internal self determination'); jurisdiction in a 'highly autonomous region' ¡X the case of Hong Kong; Hong Kong's international obligations (e.g. treatment of aliens, environmental protection); international treaty law as applied in Hong Kong; and 'one country, two systems' as a model of peaceful settlement of disputes.

18466. Hong Kong Basic Law

Topics to be covered include: the background to the Basic Law: the Sino-British negotiations, the Joint Declaration,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 of 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, and the concept of 'executive-led government'; the concept and special aspects of 'one country, two systems' ¡X especially the preservation of the Hong Kong economic system in the Basic Law; the legal system under the Basic Law; human rights, judicial review and constitutional litigation; the Bill of Rights and the Basic Law; nationality issues under the Basic Law; interpretation of the Basic Law; transitional issues (at least the first time the course is taught ¡X the relationship between the Provisional Legislature and the Basic Law etc.).

18467. Hong Kong environmental law

Introduction: the Hong Kong environment; contextual factors affecting the environment and environmental law in Hong Kong. Overview of Hong Kong's environmental law, strategy and techniques. Techniques of environmental protection I: traditional approaches including the common law, nuisance, Rylands v Fletcher. Techniques of environmental protection II: the criminal law, interpretation of legislation, penalties. Techniques of environmental protection III: licensing and permits. Techniques of environmental protection IV: standards, objectives, technical memoranda, codes of practice, how they are used, what is their legal force, how they compare with international standards. Techniques of environmental protection V: planning ¡X territorial planning, town planning. Techniques of environmental protection VI: environmental impact assessment. Techniques of environmental protection VII: preventing pollution, energy conservation. Expanding liability: the liability of directors, the liability of lenders. Conservation and the law. Rounding up.

On the whole the emphasis will not be on medium (water, air, waste etc.), but rather on techniques, since many of the same techniques, and similar issues of statutory interpretation, enforcement etc., occur across media. But examples and issues will be drawn from a variety of contexts. It would be possible to look at one problem (water or air or chemical waste for example) in detail.

18468. International air law: structure and organization

This course deals comprehensively with the treaty structure in international air law. As such, it stands alone as a basic introduction to international air law.

More specifically, the course encompasses a study of the basic organization of international air law: Chicago convention and ICAO; the 'crime' treaties governing offences on board and against aircraft as well as hijacking; the liabilities regime of treaties; international controls/treaties concerning commercial operations, IATA and bilateral air services agreements.

It is envisaged that this course should deal with not only international law, but how these treaties etc. are implemented in both Hong Kong and PRC law.

18469. International criminal law

This course will examine the development of the concepts of international criminal law. The topics to be discussed will include: the development of individual responsibility under international law for international crimes, including the availability of the defence of superior orders; the definition of war crimes, crimes against humanity and crimes against peace; the results of efforts to define the broader category of international crimes or crimes against international law (including the work of the International Law Commission and the International Law Association); specific international crimes, such as genocide, piracy and terrorism; the mechanisms of enforcement in relation to international criminal acts, including the work of the Unremberg and Tokyo war crimes tribunals and the tribunals established by the United Nations in relation to former Yugoslavia and Rwanda; the history and current status of proposals for the establishment of an international criminal court.

The course will examine these matters from a political and historical, as well as a legal, perspective and will consider recent feminist critiques of the developments in the area.

The course may also examine a number of aspects of Hong Kong extradition law and practice, in particular as they relate to offences covered by international treaties.

18470. International environmental law

Introduction: environment and international law ¡X the need for and role of international law.

Sources of international environmental law: treaty law; customary law; 'soft law' and regional environmental law.

Principles of international environmental law: 'sustainable development'; 'human stewardship of nature'; 'precautionary principle' and 'polluter-pays'.

State responsibility for environmental harm: established rules and remedies.

Conflicting pressures: environment vs development and environment vs trade.

Environment and human rights.

18471. International humanitarian law

This is a specialized course focusing on the international law of war and humanitarian intervention. The Hague Convention, the four Geneva Conventions on the Law of War 1949 and their Optional Protocols 1977 will be the main focus of the study. Topics to be covered include: the development of humanitarian thought and practices of States; definition and place within international public law and sources of international humanitarian law; the development of the humanitarian conventions and their application (scope of application ¡X international and internal conflicts; subjects ¡X protected persons, detainees, prisoners of war, civilians; organs ¡X ICRC; the principles of international humanitarian law (fundamental principles, principles proper to the victims of conflicts and to the law of war, prisoners of war, specificities of implementation, protecting powers, tracing and sanctions); humanitarian intervention and soverignty; international humanitarian law and international law of human right; peace-keeping, disarmament and international humanitarian law.

18472. Liabilities in international aviation

This course encompasses a study of all aspects of air carriage liabilities.

In particular, there will be close examination of air carrier liabilities (passengers and freight), manufacturers liability, airport liabilities, governmental liability (certification/security), pilot and other alternative liabilities in the event of loss or damage being caused in the course of air carriage.

18473. People's Republic of China intellectual property

This course will examine all major areas of Chinese intellectual property, including trademarks, patents, copyright, competition and related trade and technology transfer issues, with a brief introduction to background, policies and administrative procedures. Reading knowledge of Chinese helpful but not required. No prerequisite.

Topics to be covered: the IP challenge and common ground; overview of IP administration and ARR /ALL procedures; trade and service marks; patents and technology transfer; copyright and software protection; and competition (trade secrets, advertising etc.).

18474. Postmodern legal theory

This is a post-graduate course in legal theory examining the impact upon that field of 'post-modernism', a philosophical and aesthetic movement which has influenced not only the law but art, architecture, cinema studies, politics, literary criticism, history, anthropology and philosophy.

The perspective of the course will be, by necessity, interdisciplinary and will address, initially, a variety of general issues which the term 'postmodernism' has raised: namely, the issue of language, of subjectivity, of the body, of the unconscious, of politics and of 'system' in general. Specific topics will include: deconstruction (Derrida), pyscho-analysis (Lacan, Klein, Zizek), feminism (Irigaray, Cixous), post-Marxism (Althusser, Laclau and Mouffe), New Historicism (Foucault) and post-colonialism (Bhabha and Spivak).

Each of these broad theoretical topics and issues, however, will be connected with those practical questions posed by the law. So, for example, issues of deconstruction will be addressed in the context of judicial interpretation; psycho-analysis, in terms of the split subjectivity conscious and unconscious ¡X of the subject of law, the 'reasonable man' or the rights-bearer; New Historicism and/or feminism in terms of the body constructed by the legal regulation of sexuality (abortion, pornography, homosexuality, medico-legal discourse, etc.).

18475. Privacy and data protection

Hong Kong recently enacted the most comprehensive legislation on data protection of the nearly 30 jurisdictions that have statutory regimes. The Personal Data (Privacy) Ordinance is expected to come into force in the early part of 1996. The new law will have a significant impact on many aspects of life in the territory, affecting both the private and the public sector. It will regulate the collection, use, quality, security and transparency of personal data, and provide a right of access to and correction of data relating to an individual. The course will examine the nature and scope of the legislation and its enforcement machinery. It will consider also the wider question of the protection of privacy by the common law, the Bill of Rights Ordinance, and the Basic Law, with particular reference to electronic surveillance and the conflict between privacy and free speech, including problems related to the Internet.

Specific issues to be discussed will include: the concept of 'privacy' and the genesis and development of its common law protection, especially in the United States; the social need for 'privacy' and its political, philosophical and economic underpinnings, background to the legislation; existing common law and statutory protection: the equitable remedy for breach of confidence, defamation, copyright, the intentional infliction of emotional distress, the public interest, remedies; electronic surveillance, interception of communications, telephone tapping under the Telecommunication Ordinance; the protection of 'personal information': the data protection principles, data matching and PINS, access rights, transborder data flow; the Privacy Commissioner: powers, functions, exemptions, from the principles, the sectoral codes; the international dimension: UN Guidelines, Council of Europe Convention, and OECD Guidelines, Council of the EC draft directive, Articles 17 and 19 of the ICCPR, Article 14 of the BORO, the ECHR; and the Internet and the protection of personal information.

18476. Taxation in the People's Republic of China

This course provides a comprehensive study of the taxation system of the PRC. Particular attention is placed on cross-border taxation problems.

Specifically, emphasis is given to inbound and outbound investment and the principles of tax efficient structuring for investors from high tax jurisdictions, as well as low tax jurisdictions such as Hong Kong. The major PRC taxes to be studied include the Foreign Investment Enterprises and Foreign Enterprises Income Tax Law, the Individual Income Tax Law, the Tax Administration and Collection Law and various indirect taxes, particularly VAT, Business Tax and Land Value Appreciation Tax. The structure and use of the PRC double tax treaties are examined in depth.

An integral part of the course involves case studies of cross-border business activity in the PRC and Hong Kong, and if time permits, a typical OECD taxing jurisdiction.

A reading knowledge of simplified Chinese characters is desirable.

18477. The law of restitution

Topics to be covered in this course: Introduction: fundamental concepts in the law of restitution. Autonomous unjust enrichment: recovery of payments for mistakes; recovery of payments under duress or inequality of bargaining power; recovery of payments for failure of consideration; recovery of payments for ultra vires demands by public authorities; claims of restitution against third party recipients ¡X tracing, knowing receipt; defences to claims in restitution. Restitution for wrongs: restitutionary remedies for breach of common law obligations; restitutionary remedies for breach of equitable obligations. Comparative insights: comparison between the laws of restitution in UK/HK and the PRC.

18478. Transnational insolvency law

This course will focus on transnational insolvency, which involves an analysis of the cross-border aspects of insolvency law. The course will begin with an analysis of the transnational aspects of Hong Kong and United States law and, to a lesser extent, of the law of the United Kingdom, Australia, and perhaps other jurisdictions. Also discussed will be some recent proposals to foster cross-border cooperation in insolvency including proposals by the International Bar Association and UNCITRAL, as well as the European Union Insolvency Convention on Insolvency Proceedings. Much time will be spent analysing the choice of law questions that arise in transnational insolvencies.

One of the aims of the course is for students to consider how best to resolve cross-border insolvency issues. Another aim is for students to consider the adequacy of Hong Kong law in this area, especially given the approach of 1997.

18480. Securities regulation

This course involves an analysis of the scheme of securities regulation in Hong Kong and the People's Republic of China. Topics covered will include efficient capital markets, types of securities and capital structure, agency theory, portfolio theory, regulation of primary market offerings, trading in secondary markets, inside trading, takeovers and acquisitions, stock exchanges, and securities market professionals.

18481. Arbitration law workshop

Introduction

Arbitration in Hong Kong and China is booming. Since the opening of the Hong Kong International Arbitration Centre (HKIAC) in 1985, the main body which administers commercial arbitrations locally, the number of cases has increased annually from 9 in 1985 to approximately 150 today. In addition to HKIAC cases, the China International Economic and Trade Commission (CIETAC) and the China Maritime Arbitration Commission (CMAC) handle hundreds more. Local barristers and solicitors are increasingly involved in these cases. Present indications are that this trend is set to continue throughout 1997 and beyond. Recent amendments to the Arbitration Ordinance have also lately vested important and far-reaching new powers in HKIAC which only courts could exercise previously. These changes will also serve to foster recourse to arbitration. Notwithstanding the importance and interest in arbitration thus far the subject has not been offered in either the LLB or LLM. The arbitration law workshop course seeks to fill this gap.

Course Overview

Traditionally the syllabi for arbitration courses in law schools have focused on institutional rules. Little or no attention is usually paid to the issues, problems and procedures that actual cases would raise. Teaching is theoretical. While knowledge of these rules is important they are not challenging to learn in the abstract. It is for this reason that the arbitration law workshop course makes a change and adopts an innovative method of learning and instruction: namely a problem solving approach. This change will be accomplished by running the course around a single model case study. The case study is entitled the Sanctuary House Case. It has been developed by Mark Cato, an experienced arbitrator and author. The case study is developed in story form. Individuals are introduced and as the story unfolds, all the principal elements of arbitration law, practice and procedure are addressed in a readable and entertaining way. In this way the case study will be used to take students through the arbitral process, highlight problems and provide practical solutions. The objective of the course is thus to close the gap between arbitration theory and the management of an arbitration case in practice. As a postscript, it may be noted that this teaching method follows very closely that adopted in many courses offered by the Chartered Institute of Arbitrators.

Grading

Grading is done using three components:

Textbook

The course will be based on the new text by Mark Cato, The Sanctuary House Case: An Arbitration Workbook . Students will be required to purchase the text. It was published by Lloyd's of London Press in 1996. The text is hardback and comprises two volumes in a boxed set of some 1300 pages. Volume one address topics including: personae and chronology, appointment, preliminary meeting, preliminary issues, pleadings, interlocutory issues, pre-hearing review, security, fees, the hearing, the award, enforcement, and taxation. Volume two includes copies of relevant correspondence, the appointment, etc. plus appendices and arbitration rules.

Preparation

Topics will be covered in class and students will be expected to prepare in advance by reading the text. Students may supplement readings from the text as they deem fit and their own knowledge and experience suggest or when they are being called upon to make a presentation; however no additional readings will be assigned other than those in the text.

Prerequisites

No prerequisites are required for the course although students taking it may wish to consider also enrolling in the Construction law course which is also offered in the LLM and which would serve as a good introduction to many of the issues raised during the arbitration.

Timing

It is anticipated that the course would be offered during the second term in the academic year 1997­98. It would be held one evening per week in the same way as other LLM classes.

18483. Human rights in Hong Kong

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.

18484. Legal fictions: representations of the law in literature, philosophy and cinema

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', 'L.A. 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.

18485. Banking law

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.

18486. Introduction to Chinese law

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