Objectives :

This module aims to provide students with a basic knowledge of the legal system in Hong Kong and of legal reasoning skills. The central focus will be to provide students with an overview of the legal system and introduce the range of analytical legal skills required to access and process rules of substantive law and procedure.

Module 1 will comprise two parts: the first part (Study Topics 1-7) will primarily be descriptive in showing the various components of Hong Kong SAR legal system and give an introduction to the key features of a common law system.

The second part (Study Topics 8-10) will explore Legal Method: legal concepts, legal reasoning techniques and legal theories as well as sources of Hong Kong law and how to find and apply legal rules.

Contents :

Topics covered in Hong Kong Legal System and Method will include: structure of the legal system in Hong Kong and its constitutional context; classification of law in Hong Kong; jurisdiction of the principal Hong Kong courts and tribunals; composition of Judiciary in the Hong Kong Legal System; composition of the Hong Kong legal profession; role of the jury; access to justice; sources of Hong Kong law; nature of the common law system (including the concept of rule of law and the system of precedents); legislation and legislative interpretation (including interpretation of the Basic Law). A coursework assignment will be set on the topic of The Basic Law of the HKSAR.

Objectives :

This module aims to provide students with a basic knowledge of the important areas of professional ethics, legal writing and legal research. The central focus will be to provide students with an overview of professional ethics in Hong Kong and to introduce the legal writing and legal research skills used to develop legal reasoning, argument and legal presentation skills.

The module will comprise two parts: the first part will show the various aspects of professional conduct in the Hong Kong legal system. Students will learn how to apply rules of Professional Conduct to problem scenarios.

The second part of the module will emphasise: literacy in legal study, research and writing; analytical skills; and legal research techniques (including the use of IT in conducting legal research), building on the Legal Method component in Module 1.

Contents :

Topics covered in the Professional Ethics, Legal Writing and Research module will include: professional conduct (legal professional bodies in Hong Kong, principles and enforcement of professional conduct, practice promotion, retainer and barrister's brief, fees, competence, privilege, duties and conflict of interest) and solicitors accounts; legal analysis and issue diagnosis, legal argument and legal writing; how to find an Ordinance using paper and online resources; how to read an Ordinance (understand the purpose; whether its in force; identify repealed or amended legislation, find guidance on interpretation); know how to use supporting information from Government and Government related websites; know how to find statutory instruments; know how to find a case using paper and online resources; know how to read a case report (understand the anatomy of a case report and its interpretation in terms of legal precedence).

Objectives :

The first part of this module aims to provide students with a basic knowledge of Law of Tort in Hong Kong and lay a foundation to illustrate key areas of civil practice (and advocacy) via a tortious context.

The emphasis will be to provide students with knowledge and understanding of the essential substantive tortious principles, concepts, rules and its inter-relationship with contract law.

The module will also provide a context to introduce a basic knowledge and understanding of key aspects of civil practice in Hong Kong including: essential principles, concepts and rules relating to the conduct of civil cases in the District Court and High Court of Hong Kong. Comment on the impact of the civil justice reforms (enacted April 2009) will be made.

Students will learn how to undertake legal research in relation to a practical legal problem in its civil procedural context and how to incorporate legal writing and advocacy skills to the commencement and pursuance of a legal action relating to a personal injury scenario.

Contents :

Topics covered in the Law of Tort part will include: negligence (duty of care generally (including psychiatric injury), breach of duty of care, causation, remoteness, defences, contributory negligence), special forms of negligence such as occupier's liability, stricter liability such as vicarious liability, negligent mis-statement, vicarious liability, nuisance, defences, damages and remedies.

Topics covered in the Civil Practice part will include: methods of commencing an action and identifying the parties to it; the formal requirements of pleadings, service, interlocutory matters, discovery, trial, settlement and compromise; injunctions, enforcement, costs, and appeals; and an advocacy exercise in a personal injury context.

Objectives :

The module will show the various aspects of contract law with emphasis on contractual formation, contractual content, ways in which a contract comes to an end and remedies for breach of contract. Real and hypothetical legal problems will be used to enable students to identify legal concepts and issues, analyse legal tasks set and apply legal knowledge and techniques to problem scenarios.

Contents :

Topics covered in the Contract Law unit will include: the fundamental nature of contract law; contract formation (offer and acceptance, certainty of agreement, consideration, intention to create legal relations, contractual capacity, privity and exceptions); contractual terms (express and implied terms but with emphasis on exclusion clauses); factors which may invalidate a contract (misrepresentation, mistake, non est factum, duress, undue influence, unconscionability, illegality); ways in which a contract comes to an end (by performance, agreement, frustration, breach of contract); remedies for breach of contract (damages, specific performance, injunction), and aspects of consumer law.

Objectives :

This module aims to provide students with a basic knowledge of the key areas of business law and practice in Hong Kong. The emphasis will be to provide students with a knowledge and understanding of the essential principles, concepts and rules relating primarily to private limited liability company and partnerships.

Students will learn how to undertake legal research in relation to a business law topic such as the procedural requirements for setting up a company, running a company, regulation and formalities of company meetings, or the Companies Ordinance Rewrite project as well as learn how to employ legal writing skills in relation to this topic.

Contents :

Topics covered in Business Law will include: definitions of various types of corporate entity in Hong Kong (private limited company, public company, 'one person' company); formation, constitution and winding up of Hong Kong companies; appointment, resignation and removal of corporate officers; powers and duties of corporate officers; regulation and formalities of company meetings; creation and dissolution of partnerships; rights and duties of partners (inter se and vis a vis third parties); Roles of the Companies Registry, the Stock Exchange and the Securities and Futures Commission; Company Law Reform .

Objectives :

This module aims to provide students with a basic knowledge of the criminal law and practice. The central focus will be to provide students with an overview of the criminal justice system in Hong Kong as well as the fundamental principles of criminal liability.

The module will comprise two parts: the first part examines the basis of criminal liability of individuals or groups and will give a working knowledge of key criminal offences and defences in Hong Kong criminal law. Students will learn how to research and apply principles of criminal law to problem scenarios.

The second part of the module will give the overall context in which criminal law operates as well as a practical insight to the workings of the criminal justice system in Hong Kong. Case studies will be used to illustrate the investigation stage and the progress of sample offences through the Magistrate's Court, District Court and Court of First Instance.

Contents :

Topics covered in Criminal Law will include: fundamental principles of criminal liability; requirements of key criminal offences (non-fatal offences against the person, homicide (including partial defences), theft, offences involving obtaining by deception, making off without payment, fraud and theft related offences); general defences (insanity, intoxication, self-defence, duress etc); parties to crime; and inchoate offences.

Topics covered in Criminal Practice will include: the context of criminal litigation within the Hong Kong Legal System; how crime is investigated; how to commence criminal processes; criminal process from charging to trial; trial process (in the Magistrate's Court, District Court, Court of First Instance and Juvenile Court); sentencing; and appeal processes.

Objectives :

This module aims to provide students with a basic knowledge of Family Law and Matrimonial Practice in Hong Kong. The emphasis will be to provide students with a knowledge of the legal and policy framework of family law and practice, as well as an understanding of the essential principles, concepts, rules relevant to the formation, regulation, and dissolution of the family unit. Students will learn how to analyse legal problems and apply the rules of family law and practice to problem scenarios.

Contents :

Topics covered in the Family Law and Matrimonial Practice will include: legal and policy framework of Hong Kong family law (including human rights); requirements of marriage (nullity, comparison with other family concepts); judicial termination and termination of marriage; consequences of terminating a relationship (division of property, maintenance and financial provision); custody and access issues relating to children; domestic violence.

Objectives :

This module aims to provide students with a basic knowledge of the key areas of the Law of Succession and Probate Practice in Hong Kong. The emphasis will be to provide students with knowledge and understanding of the essential principles, concepts and rules relating to the drawing up and execution of a will, the revocation of a will and the law relating to intestacy. In addition, the powers and duties of personal representatives will be examined and the rules relating to family provision.

Students will learn how to undertake legal research in relation to a practical probate problem in its procedural context and how to incorporate legal writing skills.

Contents :

Topics covered in Succession and Probate Practice will include: drawing up and executing a will (nature and function of a will, testamentary freedom, formalities, capacity), main clauses of a will (basic and standard clauses, specific and general gifts, lapse of a gift, property not forming part of estate), revocation of a will (circumstances which revoke a will, effect of dissolution or annulment of marriage), intestacy (circumstances of intestacy, distribution of an 'intestate' estate, priority of entitlement), powers and duties of PRs (classes of PRs, powers and duties), rules relating to family provision (Investment (Provision of Family and Dependents) Ordinance, criteria for orders for payment, distribution of estate) and rules on wills and succession in probate practice and administration of estate.

Objectives :

This module aims to provide students with knowledge of the essential principles of land law, conveyancing and tenancy practice. The central focus of the first part of the module is to provide students with an overview of property rights, to examine the essential principles of the land tenure system in Hong Kong, concepts of ownership and how interests in land are created, acquired, transferred or disposed of. Students will learn how to analyse legal problems and apply the rules of land law to real and hypothetical scenarios.

The second part of the module will cover the practical aspects of conveyancing and tenancy practice. It will describe the procedure for the sale and purchase of land; examine the formal requirements of the conveyancing process as well as describe the legal aspects relating to tenancy agreements. Students will learn how to analyse practical legal problems and apply the rules of conveyancing and tenancy practice to real and hypothetical scenarios.

Contents :

Topics covered in Land Law will include: nature and types of property; basic principles of land law system and terminology; land law concepts (proprietary estoppel, co-ownership, easements, land covenants and mortgages); formalities for creation, transfer and disposal of interests in land; instruments registrable under the Land Registration Ordinance and rules of priority.

Topics covered in Conveyancing Practice will include: procedure for sale and purchase of land; conveyancing procedures and documentation (preliminary sale and agreement, sale and purchase agreement, assignment, and mortgage); legal aspects relating to tenancy agreements (types of tenancy agreement; rent, repair, termination, assignment or sub-letting of tenancy agreements; tenancy agreement clauses; obligations of landlord and tenant; post completion issues); Lands Tribunal.

Objectives :

This module aims to provide students with an overview of the history, structure and key principles of PRC law. It will look at the historical origins and constitutional development of modern Chinese law as well as the special characteristics which distinguish it from other legal systems, and the structure (both civil and criminal) and sources of the Chinese legal system.

Students will learn how to undertake legal research in relation to PRC Law related topics.

Contents :

Topics covered in PRC Law will include: historical origins of modern Chinese law; development of the Chinese constitution; Chinese legislative organs and process; sources of Chinese law; structure of the Chinese courts system; judiciary and legal profession; administrative, civil and criminal justice systems; Company law and marriage Laws of the PRC.