354

REGULATIONS FOR THE DEGREES OF MASTER OF LAWS (LLM), MASTER OF

LAWS IN CHINESE LAW (LLM[Chinese Law]), MASTER OF LAWS IN
CORPORATE & FINANCIAL LAW (LLM[CFL]), MASTER OF LAWS IN HUMAN
RIGHTS (LLM[HR]) AND MASTER OF LAWS IN INFORMATION TECHNOLOGY
AND INTELLECTUAL PROPERTY LAW (LLM[IT&IPL])
(See also General Regulations)

Admission requirements
.
LL 14. To be eligible for admission to the courses leading to the degree of Master of Laws (in the
general stream or a specialist stream) a candidate shall
(a) comply with the General Regulations; and
(b) (i) hold the degree of Bachelor of Laws with at least second class honours of this
University; or
(ii) hold a degree in law with at least second class honours from another university or
comparable institution accepted for this purpose; or
(iii) have been admitted to the professional practice of law in Hong Kong or in a
territory or country other than Hong Kong; or
(iv) have obtained either the Common Professional Examination of England and
Wales or the Common Professional Examination Certificate of this University
provided that in either case the candidate has also obtained a second class honours
degree of this University or from another university or comparable institution
accepted for this purpose; or
(v) in the case of admission to the Master of Laws in Human Rights programme or
the Master of Laws in Corporate and Financial Law only, hold another degree in a
discipline other than law with at least second class honours or a qualification of
equivalent standard from this University or from another university or
comparable institution accepted for this purpose and provided that the Faculty
Higher Degrees Committee is satisfied that by reason of candidate’s background,
experience and professional qualifications, if any, the candidate is fit to follow the
programme.
LL 15. A candidate for admission under Regulation (b)(ii), (b)(iii), (b)(iv) or (b)(v) 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)(i),
(b)(ii), (b)(iii), (b)(iv) or (b)(v) 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.
LL 16. A candidate who has already completed a Postgraduate Diploma programme offered by this
Faculty may apply for conversion to the Master’s programme in the corresponding specialty with
advanced standing. Such candidate is required to achieve an average grade as determined by the Faculty
Higher Degrees Committee from time to time in his or her Postgraduate Diploma.

Qualifying examination
LL 17.
(a) A qualifying examination may be set to test the candidate's formal academic ability or
his or her ability to follow the courses of study prescribed. It shall consist of one or
more written papers or their equivalent.
(b) A candidate who is required to satisfy the examiners in a qualifying examination shall
not be permitted to register until he or she has satisfied the examiners in the
examination.

i.exe
 355

Award of degree

LL 18. To be eligible for the award of the degree of Master of Laws (in the general stream or a
specialist stream) a candidate shall
(a) comply with the General Regulations; and
(b) complete the curriculum and satisfy the examiners in accordance with the regulations
set out below.

Length of curriculum

LL 19. The curriculum shall comprise approximately 300 hours of prescribed work. It shall extend
over a minimum of two academic years and a maximum of four academic years of part-time study, or a
minimum of one academic year and a maximum of two academic years of full-time study, except the
Master of Laws in Human Rights which shall extend over one academic year of full-time study or two
academic years of part-time study.

Completion of the curriculum

LL 20. To complete the curriculum except for the degree of Master of Laws in Human Rights, a
candidate shall
(i) follow the equivalent of eight modules as prescribed by the syllabus; and
(ii) satisfactorily complete all prescribed written and other work in each module;

LL 20(a). To complete the curriculum for the degree of Master of Laws in Human Rights a candidate
shall
(i) in the case of a full-time candidate satisfactorily complete modules equivalent to
8modules;
(ii) in the case of a part-time candidate satisfactorily complete modules equivalent to 4
modules in each of the two years of study;

LL 20(b). A candidate completing the curriculum under LL20 and LL20(a) shall also
(i) satisfy attendance requirements, if any;
(ii) satisfy the examiners in each module by either assessed written work carried out during
the module or a written examination at the end of the module or both; and
(iii) satisfy the examiners in an oral examination if such an examination is required.

Dissertation

LL 21. A candidate, whether full-time or part-time, who elects to submit a dissertation equivalent to
either one module or two shall submit the title not later than six months before presenting the
dissertation for examination. The dissertation must be presented not later than August 31 of
the year in which the candidate would like to graduate.

LL 22. In exceptional circumstances a candidate may apply to the Faculty Board for an extension of
the period within which the dissertation must be presented.

LL 23. The candidate shall submit a statement that the dissertation represents his or her own work
undertaken after registration as a candidate for the degree. The examiners may require an oral
examination on the subject of the dissertation.
356

Failure to satisfy the examiners

LL 24. A candidate who has failed to satisfy the examiners in not more than two modules/credit
units in any academic year may be permitted
(a) to attend a supplementary examination; or
(b) to repeat the module(s)/course(s) at the next available opportunity and to re-take the
prescribed examination or examinations; or
(c) to re-take the prescribed examination or examinations at the next available opportunity
without repeating the module(s)/ course(s); or
(d) to undertake the study of an alternative module(s)/ course(s)/modules at the next
available opportunity and to take the prescribed examination or examinations.

LL 25. 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 26. A candidate who is not permitted to present himself or herself for re-examination in any
module(s)/ courses(s) in which he or she 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 27. 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 28. At the conclusion of the examination a pass list shall be published. 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.

Advanced standing

LL 29. For the degree of Master of Laws, Master of Laws in Chinese Law, Master of Laws in
Corporate and Financial Law, or the degree of Master of Laws in Information Technology and
Intellectual Property Law, a candidate may be given advanced standing for up to 2 modules on the
ground that equivalent modules or courses 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 any of the degrees set out in these regulations without having earned at least 6 modules in this
programme. A holder of the corresponding Postgraduate Diploma (see LL16 above and regulations for
the Postgraduate Diplomas) offered by this Faculty may be eligible to apply for advanced standing for
up to 2 modules, but he or she may not enrol in any course which he or she has satisfactorily completed
in the relevant Postgraduate Diploma.

Conversion

LL 30. A candidate who has been admitted to a Postgraduate Diploma programme and who has
satisfied the examiners in all examinations, may be considered for admission to the Master of Laws or
the corresponding Master’s programme provided that his or her application for conversion has been
submitted on or before the prescribed deadline (see regulations for the Postgraduate Diplomas).
 357

Candidates who satisfy the examiners in the Master’s programme examinations shall qualify for the
award of the Master’s degree, but shall not qualify for the award of the relevant Postgraduate Diploma
(see regulations for the Postgraduate Diplomas). A candidate under these circumstances who, for
whatever reasons, does not have sufficient modules for the award of the Master’s degree shall qualify
for the award of the relevant Postgraduate Diploma.

LL 30 (a) A candidate with a degree of Master of Laws from Hong Kong or another jurisdiction may
apply for advanced standing status. Such candidate shall be eligible for the award of the degree of
Master of Laws upon successful completion of not less than 6 modules in this programme.

Exit qualification

LL 31. A candidate who has enrolled in the degree of Master of Laws in Chinese Law, or the degree
of Master of Laws in Corporate and Financial Law, or the degree of Master of Laws in Information
Technology and Intellectual Property Law and has completed satisfactorily 4 modules may qualify for
the award of the corresponding Postgraduate Diploma (see regulations for the Postgraduate Diplomas
for details). Such candidate is required to inform the Faculty Higher Degrees Committee as soon as
possible after his or her completion of 4 modules, or in any case, not later than the commencement of
the fourth academic year of study which is the last year of the maximum period of study allowed (exact
date to be confirmed by the Faculty), whether he or she would like to opt for the above exit
qualifications.

Publication

LL 32. Any publication based on work approved for this degree should contain a reference to the
effect that the work was submitted to the University of Hong Kong for the award of the degree.

SYLLABUSES FOR THE DEGREE OF MASTER OF LAWS

COURSEWORK

The Board of Examiners shall decide what proportion of the final assessment for each module 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.

PROGRAMMES

The following programmes in the Master’s programme are available :-

LL.M.
LL.M. in Chinese Law
LL.M. in Human Rights
LL.M. in Corporate & Financial Law
LL.M. in Information Technology & Intellectual Property Law
358

MASTER OF LAWS (LLM)

OBJECTIVES

The degree of Master of Laws is offered by the Faculty of Law to meet a need in various specialist areas
of the law that are of importance to Hong Kong and its locality, and to offer modules which Hong Kong
is perhaps uniquely placed to provide to students from both within and outside Hong Kong. The
modules available at present focus upon international trade law, commercial law, Chinese law,
information technology law, intellectual property law and public law (including human rights).

STRUCTURE

Candidates are required to complete 8 modules. Candidates may choose modules from the module
outlines below and modules from any of the specialist programmes, in any case, not more than 5
modules from each of the specialist progrommes. Candidates may apply to substitute for not more than
2 modules by taking courses or modules offered by any other Department in the University. Such
application shall be approved by the Faculty Higher Degrees Committee who has to be satisfied that
such course(s)/ modules from any other Department or Departments in the University are of equivalent
standard to that or those listed in this syllabus. Permission will normally be granted only to take
postgraduate course(s) or module(s), and only for those courses or modules which can be shown to have
relevance to that candidate’s overall course of study. Permission shall not be granted to substitute any
other course or module for a compulsory module in the programme. Candidates are also required to
obtain the approval of the Head(s) of the Department(s) which offer(s) the substitute course(s) or
module(s).

Candidates, on accepting a place, shall notify the Faculty Higher Degrees Committee of the modules
which they wish to follow. The selection of modules shall, however, be subject to approval by the
Faculty Higher Degrees Committee in the light of the availability of resources. In any academic year
only some of the modules listed will be available.

DISSERTATION

To be regarded as two modules 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 one-module dissertation shall comprise a paper
on a legal topic likewise approved 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
research work and a capacity for critical legal analysis and argument.

MODULE OUTLINES

PRC law

Two modules

. Civil and commercial law in the People's Republic of China (LLAW6003)

. Trade and investment in the People's Republic of China (LLAW6013)

One module

. Advanced seminar on Chinese law (LLAW6115)

. Company law and securities regulation in the People's Republic of China (LLAW6025)
. Constitutional and administrative law in the People’s Republic of China (LLAW6113)
 359

. Criminal law and procedure in the People’s Republic of China (LLAW6112)

. Cross-border legal relations between the Mainland and Hong Kong (LLAW6114)
. Current issues in PRC commercial law (LLAW6028)
. Dispute resolution in the People's Republic of China (LLAW6029)
. Human rights in the People’s Republic of China (LLAW6070)
. International trade regulation I : Introduction to the Law of the WTO (LLAW6039)
. Introduction to Chinese law (LLAW6040)
. Introduction to Chinese law and legal system (LLAW6008)
. Law and regulation of banking and insurance in the People’s Republic of China (LLAW6110)
. Legal Chinese in commercial transactions (LLAW6041)
. Legal system of the People's Republic of China (LLAW6056)
. PRC intellectual property (LLAW6044)
. PRC information technology law (LLAW6139)
. PRC security and insolvency law (LLAW6048)
. Real estate law in the People's Republic of China (LLAW6047)
. Taxation in the People's Republic of China (LLAW6050)
. The law of electronic commerce: international trade and logistics (LLAW6111)
Human rights and public law
One module
. Advanced administrative law (LLAW6021)
. Armed conflict, humanitarian law and human rights (LLAW6058)
. Constitutional and administrative law in the People’s Republic of China (LLAW6113)
. Criminal justice and human rights (LLAW6059)
. Criminal law and procedure in the People’s Republic of China (LLAW6112)
. Cross-border legal relations between the Mainland and Hong Kong (LLAW6114)
. Current issues in human rights (LLAW6060)
. Development and human rights (LLAW6061)
. Economic, social and cultural rights (LLAW6062)
. Equality and non-discrimination (LLAW6063)
. Equality and the law (LLAW6030)
. Ethnicity, human rights and democracy (LLAW6064)
. Freedom of speech and the press (LLAW6065)
. Gender issues in human rights (LLAW6066)
. Globalisation and human rights (LLAW6067)
. Hong Kong basic law (LLAW6032)
. Hong Kong environmental law (LLAW6033)
. Human rights : history, theory and politics (LLAW6068)
. Human rights and governance (LLAW6069)
. Human rights in the People’s Republic of China (LLAW6070)
. Human rights in Hong Kong (LLAW6034)
. Indigenous peoples and human rights (LLAW6071)
. International and regional protection of human rights (LLAW6072)
. International criminal law (LLAW6036)
. International protection of refugees and displaced persons (LLAW6073)
. Labour rights and human rights (LLAW6074)
. Law, the individual and the community : a cross-cultural dialogue (LLAW6123)
. National protection of human rights (LLAW6075)
. Privacy and data protection (LLAW6046)
. Public international law (LLAW6109)
. Rights and Remedies in the Criminal Process (LLAW6144)
. Seminar in human rights research, sources and methodology (LLAW6076)
. The child and the law (LLAW6108)
. The rights of the child in international and domestic law (LLAW6077)
360

Commercial, corporate and financial law

Two modules
. Credit and security law (LLAW6002)
. Remedies (LLAW6010)
One module

. Arbitration law workshop (LLAW6023)

. Banking law (LLAW6024)
. Comparative company law (LLAW6080)
. Comparative law (LLAW6150)
. Competition, Mergers and Acquisitions (LLAW6101)
. Construction law (LLAW6027)
. Corporate governance and shareholder remedies (LLAW6082)
. Corporate reconstruction (LLAW6083)
. Cross-border insolvency law (LLAW6084)
. Current issues in corporate law (LLAW6086)
. Current issues in financial law (LLAW6127)
. Current issues in insolvency law (LLAW6087)
. Derivatives : law and regulation (LLAW6088)
. Comparative financial and law regulation (LLAW6089)
. Electronic banking and finance law (LLAW6118)
. Emerging markets : finance and investment (LLAW6090)
. Equity in commercial law (LLAW6092)
. Law of international finance I – debt (LLAW6055)
. Legal aspects of white collar crime (LLAW6102)
. Insurance law (LLAW6107)
. Intellectual property law (LLAW6005)
. International commercial arbitration (LLAW6099)
. International securities law (LLAW6057)
. International trade regulation II : Selected Issues on WTO and China (LLAW6134)
. Introduction to International Economic Law (LLAW6133)
. Regulation of financial markets (LLAW6093)
. Law of international finance II – equity and structured finance (LLAW6094)
. International commercial transactions (LLAW6006)
. International investment law with East Asia focus (LLAW6095)
. International tax and tax planning (LLAW6096)
. Law and regulation of banking and insurance in the People’s Republic of China (LLAW6110)
. Pension and investment funds (LLAW6097)
. Project finance (LLAW6098)
. Securities regulation (LLAW6049)
. The law of restitution (LLAW6051)

International and comparative law

Two modules
. Introduction to law in East Asia (LLAW6009)
One module
. Hong Kong and international law (LLAW6031)
. International air law : structure and organisation (LLAW6035)
. International commercial transactions (LLAW6006)
. International criminal law (LLAW6036)
 361

. International environmental law (LLAW6037)

. International humanitarian law (LLAW6038)
. International trade law I (LLAW6128)
. International trade law II (LLAW6129)
. International trade regulation I : Introduction to the Law of the WTO (LLAW6039)
. International trade regulation II : Selected issues on WTO and China (LLAW6134)
. Introduction to international economic law (LLAW6133)
. Liabilities in international aviation (LLAW6043)

Admiralty and shipping

Two modules

. Admiralty (LLAW6001)
. Shipping law (LLAW6011)

One module

. The law of the sea (LLAW6052)

Information technology and intellectual property law

One module

. Cybercrime (LLAW6117)
. Electronic banking and finance law (LLAW6118)
. Human rights and cyberspace (LLAW6119)
. Hong Kong intellectual property law (LLAW6005)
. Intellectual property and information technology (LLAW6120)
. Intellectual property and life science (LLAW6140)
. International and comparative intellectual property law (LLAW6132)
. Issues in information technology law (LLAW6106)
. Privacy and data protection (LLAW6046)
. PRC intellectual property law (LLAW6044)
. PRC information technology law (LLAW6139)
. Telecommunications law (LLAW6124)
. The law of electronic commerce: international trade and logistics (LLAW6111)

Others

One/Two module(s)

. Dissertation (LLAW6054) (LLAW6014)

One module

. Advanced research methodology for law (LLAW6022)

. Current issues in international arbitration and dispute settlement (LLAW6137)
362

. Dispute settlement in the WTO : Practice and Procedure (LLAW6136)

. Healthcare law (LLAW6149)
. Hong Kong arbitration law (LLAW6138)
. Legal Chinese in commercial transactions (LLAW6041)
. Legal fictions : representations of the law in literature, philosophy and cinema (LLAW6042)
. Media law (LLAW6131)
. Postmodern legal theory (LLAW6045)
. Law, justice & ideology (LLAW6130)

MASTER OF LAWS IN CHINESE LAW (LLM[CHINESE LAW])

OBJECTIVES

The degree of Master of Laws in Chinese Law is offered by the Faculty of Law to address an increasing
need in Hong Kong and internationally for a more comprehensive understanding of the laws and
regulations of the People’s Republic of China. Hong Kong is uniquely placed to provide to students
from Hong Kong and elsewhere courses on contemporary Chinese law developments from a
comparative perspective which are conducted primarily in English.

STRUCTURE

Candidates are required to complete 8 modules. A dissertation can be equivalent to one module or two
depending on its length (see below). A candidate may apply to choose up to 2 modules from courses or
modules offered under the other specialist programmes or by any other Departments in the University or
by any other approved Universities offering joint LLM programmes with the Faculty. Such application
shall be approved by the Faculty Higher Degrees Committee who has to be satisfied that such course(s)/
module(s) from any other Department or Departments are of equivalent standard to that or those listed
in this syllabus. Candidates are also required to obtain the approval of the Head(s) of the Department(s)
which offer(s) the substitute course(s) or module(s).

Candidates, on accepting a place, shall notify the Faculty Higher Degrees Committee of the modules
which they wish to follow. The selection of modules shall, however, be subject to approval by the
Faculty Higher Degrees Committee in the light of the availability of resources. In any academic year
only some of the modules listed will be available.

DISSERTATION

To be regarded as equivalent to two modules, 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 one-module dissertation shall comprise a paper
on a legal topic likewise approved 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
research work and a capacity for critical legal analysis and argument.
 363

MODULE OUTLINES
Two modules
. Civil and Commercial Law in the People's Republic of China (LLAW6003)
. Trade and Investment in the People's Republic of China (LLAW6013)
One/Two module(s)

. Dissertation (LLAW6054) (LLAW6014)

One module
. Advanced research methodology for law (LLAW6022)
. Advanced seminar on Chinese law (LLAW6115)
. Company law and securities regulation in the People's Republic of China (LLAW6025)
. Constitutional and administrative law in the People’s Republic of China (LLAW6113)
. Criminal law and procedure in the People’s Republic of China (LLAW6112)
. Cross-border legal relations between the Mainland and Hong Kong (LLAW6114)
. Current issues in PRC commercial law (LLAW6028)
. Dispute resolution in the People's Republic of China (LLAW6029)
. Human rights in the People’s Republic of China (LLAW6070)
. International trade regulation I : Introduction to the Law of the WTO (LLAW6039)
. Introduction to Chinese law (LLAW6040)
. Law and regulation of banking and insurance in the People’s Republic of China (LLAW6110)
. Legal Chinese in commercial transactions (LLAW6041)
. Legal system of the People's Republic of China (LLAW6056)
. PRC intellectual property (LLAW6044)
. PRC information technology law (LLAW6139)
. PRC security and insolvency law (LLAW6048)
. Real estate law in the People's Republic of China (LLAW6047)
. Taxation in the People's Republic of China (LLAW6050)
. The law of electronic commerce: international trade and logistics (LLAW6111)

MASTER OF LAWS IN HUMAN RIGHTS (LLM[HR])

OBJECTIVES
The degree of Master of Laws in Human Rights is offered by the Faculty of Law as a response to the
increasing interest in human rights in Asia, from Asia and elsewhere around the world. It also responds
to the growing need to provide substantial training that addresses important international, regional and
national developments in human rights and its implementation. The programme therefore provides a
substantial grounding in international law as it relates to the study and practice of human rights, and
where appropriate, draws from other disciplines to provide a balanced and contextual understanding of
the major issues. The programme ensures that participants are exposed to universal human rights issues
and the perspectives of other regional systems, but it is characterised by a strong Asia focus. It draws
from the many human rights issues in Asia, and examines some of the perspectives and problems which
are of particular concern to the region.

STRUCTURE
Candidates are required to complete 8 modules. Four modules are compulsory. A candidate may apply
to choose the remaining four modules from among the optional modules developed by the Faculty of
Law for the Master of Laws in Human Rights programme or, with the approval of the Faculty Higher
Degrees Committee, up to 2 modules from modules/ courses offered under the other specialist
364

programmes or by any other Department in the University or by any other approved Universities
offering LLM programmes Such application shall be with the support of the Director of the Master of
Laws in Human Rights programme and approved by the Faculty Higher Degrees Committee who has to
be satisfied that such course(s)/module(s) from any other Department or Departments are of equivalent
standard to that or those listed in this syllabus and are relevant to the study of human rights. Candidates
are also required to obtain the approval of the Head(s) of the Department(s) which offer(s) the substitute
course(s)/module(s).

Candidates, on accepting a place, are required to notify the Faculty Higher Degrees Committee of the
modules which they are interested in following. The selection of modules shall, however, be subject to
approval by the Faculty Higher Degrees Committee in the light of the availability of resources. In any
academic year only some of the modules listed will be available.

DISSERTATION

Candidates for the Master of Laws in Human Rights may choose to satisfy an independent writing
requirement which is the equivalent of one module. This requirement may be satisfied by the
submission of a one-module dissertation on a legal topic approved by the Director of LLM in Human
Rights and the Faculty Higher Degrees Committee A one-module dissertation shall not exceed 10,000
words (exclusive of tables of cases and statutes, notes, appendices and bibliographies).

Candidates may also apply to take a two modules dissertation. To be regarded as two modules, 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 Director of LLM in Human
Rights and the Faculty Higher Degrees Committee.

In both cases the dissertation must provide evidence of original research work and a capacity for critical
legal analysis and argument.

COURSE OUTLINES

Compulsory Modules (One module)

. Human rights: history, theory and politics (LLAW6068)

. International and regional protection of human rights (LLAW6072)
. National protection of human rights (LLAW6075)
. Seminar in human rights research, sources and methodology (LLAW6076)

Optional Modules

One/Two module(s)

. Dissertation (LLAW6054) (LLAW6014)

One module

. Armed conflict, humanitarian law and human rights (LLAW6058)

. Business and human rights (LLAW6153)
. Criminal justice and human rights (LLAW6059)
. Criminal law and procedure in the People’s Republic of China (LLAW 6112)
 365

. Development and human rights (LLAW6061)

. Economic, social and cultural rights (LLAW6062)
. Equality and non-discrimination (LLAW6063)
. Ethnicity, human rights and democracy (LLAW6064)
. Freedom of speech and the press (LLAW6065)
. Gender issues in human rights (LLAW6066)
. Globalisation and human rights (LLAW6067)
. Human rights and governance (LLAW6069)
. Human rights in the People’s Republic of China (LLAW6070)
. Human rights in Hong Kong (LLAW6034)
. Indigenous peoples and human rights (LLAW6071)
. International criminal law (LLAW6036)
. International protection of refugees and displaced persons (LLAW6073)
. Labour rights and human rights (LLAW6074)
. Law, the individual and the community : a cross-cultural dialogue (LLAW6123)
. Law and religion (LLAW6146)
. Privacy and Data Protection (LLAW6046)
. Rights and Remedies in the Criminal Process (LLAW6144)
. The rights of the child in international and domestic law (LLAW6077)
. The child and the law (LLAW6108)

MASTER OF LAWS IN CORPORATE AND FINANCIAL LAW (LLM [CFL])

OBJECTIVES

Hong Kong is a major international business and financial centre, and companies are a major business
medium. It is important therefore to have a coherent programme specially geared towards the study of
corporate and financial law (which includes securities law). This programme is therefore intended to
focus on issues relating to corporate activities and financial and securities law and regulations and their
interrelationship. On completion of the programme, students should have a broad and reliable
knowledge and understanding of Hong Kong and international corporate and financial law.
Comparisons will be made with overseas systems where appropriate.

STRUCTURE

Candidates are required to complete 8 modules, including the compulsory module from each of the
corporate and financial sub-streams. A dissertation can be equivalent to one module or two depending
on its length (see below). A candidate may apply to choose up to 2 modules/courses from
modules/courses offered under the other specialist programmes or by any other Department in the
University or by any other approved Universities offering joint LLM programmes with the Faculty.
Such application shall be approved by the Faculty Higher Degrees Committee who has to be satisfied
that such course(s)/module(s) from any other Department or Departments are of equivalent standard to
that or those listed in this syllabus. Candidates are required to obtain the approval of the Head(s) of the
Department(s) which offer(s) the substitute course(s).

Candidates, on accepting a place, shall notify the Faculty Higher Degrees Committee of the optional
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. In any academic
year only some of the courses list will be available.
366

DISSERTATION

To be regarded as equivalent to two modules, 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 one-module dissertation shall comprise a paper
on a legal topic likewise approved 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 and a capacity for critical legal analysis and argument.

The Faculty Higher Degrees Committee may, with the agreement of the student’s supervisor, permit a
student to undertake a writing project other than a dissertation to the value of one or two module(s). In
appropriate circumstances, the Faculty Higher Degrees Committee may permit this written project to be
completed in conjunction with an internship with a relevant organisation.

MODULE OUTLINES

Compulsory modules (one module)

. Corporate governance and shareholder remedies [ (LLAW6082)] [Corporate stream]

. Law of International Finance I – Debt [(LLAW6055)] [Financial stream]

Optional Modules

Two modules

. Credit and security law (LLAW6002)

One/Two module(s)

. Dissertation (LLAW6054) (LLAW6014)

One module

Corporate stream

. Company law and securities regulation in the People’s Republic of China (LLAW6025)
. Comparative company law (LLAW6080)
. Competition, Merges and Acquisitions (LLAW6101)
. Corporate reconstruction (LLAW6083)
. Cross-border insolvency law (LLAW6084)
. Current issues in corporate law (LLAW6086)
. Current issues in insolvency law (LLAW6087)
. Equity in commercial law (LLAW6092)
. Legal aspects of white collar crime (LLAW6102)]
. International commercial arbitration (LLAW6099)
. International commercial transactions (LLAW6006)
. Securities regulation (LLAW6049)
. Telecommunications Law (LLAW6124)

Financial stream

. Banking law (LLAW6024)

. Current issues in financial law (LLAW6127)
. Comparative financial law and regulation (LLAW6089)
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. Derivatives : law and regulation (LLAW6088)

. Electronic banking and finance law (LLAW6118)
. Emerging markets : finance and investment (LLAW6090)
. Introduction to International Economic Law (LLAW6133)
. Insurance law (LLAW6107)
. International commercial arbitration (LLAW6099)
. International investment law with East Asia focus (LLAW6095)
. International securities law (LLAW6057)
. International tax and tax planning (LLAW6096)
. International trade law I (LLAW6128)
. International trade law II (LLAW6129)
. International trade regulation I : Introduction to the Law of the WTO (LLAW6039)
. International trade regulation II : Selected Issues on WTO and China (LLAW6134)
. Law and regulation of banking and insurance in the People’s Republic of China (LLAW6110)
. Law of international finance II – equity and structured finance (LLAW6094)
. Pension and investment funds (LLAW6097)
. PRC security and insolvency law (LLAW6048)
. Project finance (LLAW6098)
. Regulation of financial markets (LLAW6093)

MASTER OF LAWS IN INFORMATION TECHNOLOGY AND INTELLECTUAL

PROPERTY LAW (LLM [IT&IPL])

OBJECTIVES

The principal objective of the degree of Master of Laws in Information Technology and Intellectual
Property Law is to offer a range of modules that provide a sound legal understanding of various aspects
of the rapidly developing field of information technology which involve components of intellectual
property whether they be the patentability of computer software, internet business methods and other
technologies, hyperlink, deeplink, cache and framing as copyright infringement; technology licensing;
copyright in computer programs; circumvention of technological protection measures; criminality of
pirating copyright works online; semi-conductor chip; and decompilation of computer code. Subject
areas will be regularly expanded and updated to ensure that students are able to understand and analyze
contemporary legal issues in this area.

STRUCTURE

Candidates are required to complete 8 modules, including at least two modules from each sub-stream.
A candidate is required to take not less than two or up to four additional modules from the modules
offered within these two sub-streams or the additional optional modules listed under this programme,
which may or may not include the completion of either a two-module or one-module dissertation. A
candidate may apply to choose up to 2 modules either from among the modules developed under the
other specialist programmes or, with the approval of the Faculty Higher Degrees Committee, from
module(s)/course(s) offered within or outside the Faculty. Such application shall be approved by the
Faculty Higher Degrees Committee who has to be satisfied that such course(s)/module(s) from any
other Department or Departments are of equivalent standard to that or those listed in this syllabus.
Candidates are required to obtain the approval of the Head(s) of the Department(s) which offer(s) the
substitute course(s).

Candidates, on accepting a place, shall notify the Faculty Higher Degrees Committee of the optional
modules which they wish to follow. The selection of modules shall, however, be subject to approval by
the Faculty Higher Degrees Committee in the light of the availability of resources. In any academic year
only some of the courses listed will be available.
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DISSERTATION
To be regarded as equivalent to two modules, 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 one-module dissertation shall comprise a paper
on a legal topic likewise approved 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 and a capacity for critical legal analysis and argument.

COURSE OUTLINES
Intellectual property law sub-stream
(Candidates must choose at least two modules from this sub-stream)
One module
. Hong Kong intellectual property law (LLAW6005)
. PRC intellectual property (LLAW6044)
. International and comparative intellectual property law (LLAW6132)
. Intellectual property and information technology (LLAW6120)
. Intellectual property and life science (LLAW6140)
Information technology law sub-stream
(Candidates must choose at least two modules from this sub-stream)
One module
. Cybercrime (LLAW6117)
. PRC information technology law (LLAW6139)
. Privacy and data protection (LLAW6046)
. Issues in information technology law (LLAW6106)
. Telecommunications law (LLAW6124)
. The law of electronic commerce: international trade and logistics (LLAW6111)
Optional modules
One/Two module(s)
. Dissertation (LLAW6054) (LLAW6014)
One module
. Electronic banking and finance law (LLAW6118)
. Human rights and cyberspace (LLAW6119)

COURSE DESCRIPTIONS
LLAW6001 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.
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LLAW6002 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.

LLAW6003 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.

LLAW6005 Hong Kong 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.

LLAW6006 International commercial transactions

The topic of International Commercial Transactions touches on a number of legal frameworks that
govern international business. The various frameworks consist of a patchwork of national and
international, governmental and private-sector laws, agreements and mandatory or voluntary codes of
conduct. This course will be presented in four parts, and in each part, relevant laws and decisions of
tribunals in various jurisdictions in Asia are comparatively considered to present a range of issues
arising in contemporary practice. It will begin with an introduction and examination of commercial and
legal implications of terms-of-art frequently used in international sales agreements, shipping contracts,
insurance and financing arrangements, and customs documentation. International efforts to unify or
harmonize definitions and their legal implications, as well as rules that govern the interpretation of
contractual terms, such as the 2000 Inco-terms, ICC Uniform Customs and Practice for Documentary
Credits, 1980 Vienna Convention on the International Sale of Goods, and UNIDROIT principles, will
be discussed. Agency, distribution, technology and intellectual property transfers, and e-commerce, as
widespread and emerging modes of conducting international business, the legal issues inherent in each
form, and associated regulation will be considered. Issues related to international investment
agreements involving governments will be examined. Special problems related to corruption and
money-laundering will be discussed. Significant attention will be paid to the settlement of international
commercial and investment disputes, which will include an examination of special problems associated
with the recognition and enforcement of awards and judgments.
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LLAW6008 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 P.R.C. 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.

LLAW6009 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. Introduction to law in East Asia 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 post-war 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.

LLAW6010 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.

LLAW6011 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.
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LLAW6013 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.

LLAW6021 Advanced administrative law

This is an advanced course in administrative law which focuses on the decision-making process of
administrative bodies. Topics 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 be given reasons 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.

LLAW6022 Advanced research methodology for law

Course Content :

• Different types of research in law : an introduction to different types of legal and inter-disciplinary
research drawing on current examples from, particularly, the periodical literature
• Reading research material
• Issues in research on law : a discussion of issues such as objectivity, honesty and other theoretical
and philosophical issues that arise in doing research
• Advanced library research techniques - using paper sources
• Archival material
• Use of electronic resources
• Empirical research techniques - how to read empirical research, and statistical material. An
elementary introduction to empirical techniques for law students : observation studies, interviews.
The secondary use of primary statistical material.
• Formulating research topics - generating ideas, developing a ‘thesis’, research strategies
• Writing a proposal
• Planning the writing; dealing with writer's block, organisation of material - different ways of
structuring a substantial piece of writing
• The formalities of presentation - citing, acknowledging, plagiarism and how to avoid it, issues of
appropriate language.
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LLAW6023 Arbitration law workshop

The arbitration law workshop is intended to introduce students to the practice of arbitration. The
workshop adopts a different approach than traditional arbitration courses which tend to focus in the
abstract upon institutional rules. The workshop emphasizes a problem solving approach to learning
about arbitration instead. The change is accomplished by running the workshop 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 unfolds in story form from the introduction of
individuals through interlocutories to hearing and award to illustrate all the principal elements of
arbitration law, practice and procedure in both a readable and entertaining way. In this manner the
workshop highlights arbitration problems and teaches about practical solutions. The workshop's
objective is thus to close the gap between the theory of arbitration and knowledge of the rules with
actual management of an arbitration case in practice.

LLAW6024 Banking law

Regulation of financial institutions in Hong Kong: regulatory framework; role of the Hong Kong
Monetary Authority; money laundering, recovery of proceeds of crime and anti-terrorist measures.
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 confidentiality and payment of customer's cheques; money paid by
mistake; forgery; banker's liability as constructive trustee; implied duties of the customer; contractual
attempts to modify such duties; supply of banker's references; banker as adviser; termination of the
relationship.
Lending and securities: the role of banks in trade and other financing; lending criteria; forms of
securities; financing of international trade and bills of exchange; guarantees and sureties; fixed and
floating charges; credit cards and other types of consumer credit; enforcement and realization of
securities; general discussion of loan and security documentation.
Taking effective securities: undue influence; mistake; misrepresentation.

LLAW6025 Company law and securities regulation in the People's Republic of China
This course covers both company law and securities regulation in the People's Republic of China. The
part on company law involves an examination of the legal framework governing the structure and
organization of business corporations and the responsibilities of and protection afforded various groups
participating in a corporation's affairs, in particular, shareholders, creditors and management. The basic
conceptual framework reflected in modern corporate legislation, and especially recent Chinese statutes
is emphasized, with particular attention to the concept of corporate entity, scope of business activities,
shareholders' rights and responsibilities, directors' duties, the governance of joint stock companies,
management and control of limited companies. Limited companies and joint stock companies as
vehicles for direct foreign investment will also be briefly discussed. The part on securities regulation
involves an analysis of the scheme of securities regulation in the PRC. 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, mergers and
acquisitions, stock exchanges, and securities market professionals. Implications on portfolio
investment by foreign investors in Chinese companies through the purchase of B-shares, H-shares and
N-shares will also be covered. A reading knowledge of simplified Chinese characters would be
desirable.

LLAW6027 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
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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.

LLAW6028 Current issues in PRC commercial law

This course will highlight one or more areas of contemporary Chinese commercial law and practice of
importance to foreign trade, investment or finance in the People's Republic of China. The subject
matter to be covered in the course is not fixed and will vary from year to year. Students will be apprised
in advance of the subject of the course to be offered. A reading knowledge of simplified Chinese
characters would be desirable.

LLAW6029 Dispute resolution in the People's Republic of China

This course examines the major features of commercial dispute resolution in the People's Republic of
China. Chinese approaches to disputes and dispute settlement, including cultural and political
influences, will be considered at the outset. The four principal Chinese institutions for commercial
dispute resolution - amicable negotiations, conciliation, arbitration and litigation - will be the focus of
the course, with an emphasis on commercial arbitration. Administrative channels for resolving disputes
will also be discussed.
Both PRC foreign-related and domestic commercial arbitration will be treated at length. Arbitration
before the China International Economic and Trade Arbitration Commission (CIETAC) will be a
prominent feature of this part of the course, including an examination of the jurisdiction, procedures and
practices of CIETAC. The emergence of reorganized domestic arbitration commissions will be
discussed, including arbitral procedures and practices. Issues of enforcement of both Chinese and
foreign arbitral awards in the PRC will also be covered.
Other topics include : institutional conciliation before the Beijing Conciliation Centre and in the
People's Courts; joint conciliation; enforceability of conciliation agreements; foreign-related litigation
in the People's Courts, including court organization, jurisdiction and venue, service of process,
preservation measures, pre-trial and trial procedures, appellate procedures and enforcement of
judgements; and bilateral judicial assistance agreements. A reading knowledge of simplified Chinese
characters would be desirable.

LLAW6030 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 institutionalised 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 -- 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.
374

LLAW6031 Hong Kong and international law

The course is divided into two parts: (a) international law -- 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' -- 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.

LLAW6032 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 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’ - 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 - the relationship between the Provisional Legislature and the Basic Law
etc.).

LLAW6033 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 - 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.

LLAW6034 Human rights in Hong Kong

This course begins with an introduction to the historical, social, cultural and political dimensions of
human rights discourse generally and in Hong Kong, covering different theories of human rights
(including the contemporary debate on universality and cultural relativism) and the extent to which
these theories are reflected in law and policy in Hong Kong. We will then study the sources of legal
 375

protection of human rights in Hong Kong (including international human rights treaties, the Basic Law,
and the Bill of Rights Ordinance). This portion of the course will include a brief discussion of
international monitoring system and an examination of the mechanisms of protecting human rights
under the common law system, the Bill of Rights, and the Basic Law.
The course will then move on to selected rights and current controversies in Hong Kong. The topics
selected will likely include: freedom of expression and association; the implementation of Article 23 of
the Basic Law; the right to fair trial and the presumption of innocence; the development of a right to
equality; the right to political participation, and the provision of social and economic rights. Additional
topics will depend upon the time available and the interest of students.

LLAW6035 International air law : structure and organisation

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.

LLAW6036 International criminal law

This course will examine the development and evolution of the concepts of international criminal law,
the development of individual responsibility under international law for international crimes, the
definition of war crimes, crimes against humanity and crimes against peace; specific international
crimes, such as genocide, piracy and terrorism, the mechanisms of enforcement in relation to
international criminal acts, such as various war-crimes tribunals, the principles and procedures for
combating transnational crimes, the emerging idea of state criminal responsibility, co-operation in
international law enforcement, extradition and its use in relation to political offences and terrorism, the
concept of international crimes and the establishment and jurisdiction of the International Criminal
Court.

LLAW6037 International environmental law

Introduction: environment and international law - 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.

LLAW6038 International humanitarian law

This course focuses 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
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(scope of application - international and internal conflicts; subjects - protected persons, detainees,
prisoners of war, civilians; organs - 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 sovereignty; international humanitarian law and international law of human right;
peace-keeping, disarmament and international humanitarian law.

LLAW6039 International trade regulation I – Introduction to the law of the WTO

“Public” or governmental regulation of international trade is separate from but complementary to

“private” international business transactions. At the international level, the World Trade Organization
(WTO) is the primary multilateral legal and institutional framework that governs trade relations and
trade-related issues between States. This course will examine the rules, norms and policies that
constitute the WTO and its substantive agreements, with a special perspective and focus on issues that
are related to China’s membership. The course will begin with a review of policies that affect
international trade, and economic theories associated with such policies. The Agreement Establishing
the WTO (WTO Agreement), the increasingly complex management of the activities of the WTO, and
its decision-making processes, will be examined. Next, the substantive agreements and associated legal
instruments included in the Annexes to the WTO Agreement will be analyzed. Significant attention
will be focused on the core principles of the WTO Agreements: market access; non-discrimination;
transparency and administration of justice; and, binding dispute settlement. In particular, the application
of these principles under the GATT and GATS will be explored. The course will further examine some
WTO rules that allow derogations from these general principles and specific obligations. These
derogations include rules pertaining to regional trading agreements, safeguards, general exceptions,
anti-dumping measures, subsidies and countervailing duties. Finally, the course will conclude with an
examination of WTO rules on trade-related investment measures (TRIMs), and environmental
measures which affect international trade.

LLAW6040 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

LLAW6041 Legal Chinese in commercial transactions

This course is taught in Putonghua (Mandarin). It combines the study of substantive Chinese law with
the development of practical linguistic skills useful for conducting legal business in the PRC. Using
original materials (statutes, Supreme People's Court and administrative documents, case reports and
commentaries), the course will explore how the law in China operates in its indigenous environment, in
both domestic and foreign/Hong Kong-related cases. Students are required to learn to discuss, in
Putonghua, selected PRC civil and commercial law topics and to practise drafting legal documents in
Chinese as well as English-Chinese and Chinese-English translation. Classes will consist of alternate
lectures and group discussion/evaluation sessions.
Examination will be conducted in Chinese. A reading knowledge of Chinese and basic Putonghua
comprehension are required.
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LLAW6042 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, Judgement at Nuremberg and perhaps a
sampling of various television series (‘Rumpole’, ‘L.A. Law’, ‘Perry Mason’, ‘Street Legal’ and
possibly 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 -- moral, political, juridical -- 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 -- in short,
a text, subject to the same conventions of aesthetic representation. So the course will conclude by
examining actual legal judgements, and how those judgements are informed by narrative conventions,
plot structures, novelistic characterisation and constitutive metaphors.

LLAW6043 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.

LLAW6044 PRC 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).

LLAW6045 Postmodern legal theory

This is a 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 --
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).
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LLAW6046 Privacy and data protection

This course will consider the question of protection of privacy by the common law, bills of rights, the
constitution, 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.

LLAW6047 Real estate law in the People's Republic of China

This course covers major areas of the rapidly evolving field of the PRC real estate law, with an emphasis
on the discussion of issues arising from urban real estate development, management and related
transactions. Among the topics to be examined are : the PRC land system, including state and collective
ownership systems; types of land-use rights and regulatory framework; grant, assignment and lease of
land-use rights as well as required procedures and related contracts; pre-sale, mortgage, dian and
resumption issues; domestic and foreign investment regulations; and recent real estate management
regulations and practices.
All reading materials are in English. Knowledge of Chinese is not required.

LLAW6048 PRC security and insolvency law

This course will focus on both security and insolvency issues in the People's Republic of China, with
reference to both PRC foreign investment enterprises and state-owned enterprises and companies. The
options available to creditors for protecting their interests under Chinese law will be a central feature of
both parts of this course.
Aspects of security law to be covered include the five forms of security - guarantees, mortgages,
pledges, liens and deposits, with an emphasis on mortgages and guarantees. Topics to be studied
include : the concept of security, Chinese attitudes towards security, the selection of security providers
and of security vehicles, real and personal security, types of business finance, creating security
(investigation, negotiation and documentation), the approval process, the recording system, and
remedies.
The insolvency portion of the course will focus on the insolvency of foreign investment enterprises and
state-owned enterprises and companies. The PRC Bankruptcy Law and related legislation at both the
national and local levels will be considered. Topics to be studied include insolvency principles, the
economic and political ramifications resulting from the insolvency of state-owned enterprises and
companies, an overview of the insolvency process, commencement of insolvency cases, property
available for distribution to creditors, representatives of the estate, and liquidation procedures generally.
Cross-border insolvency issues, especially in relation to co-operation with the Hong Kong SAR, will
also be considered. A reading knowledge of simplified Chinese characters would be desirable.

LLAW6049 Securities regulation

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

LLAW6050 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 would be desirable.

LLAW6051 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 - 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.

LLAW6052 The law of the sea

This course will examine some of the important issues in the law of the sea originating from customary
international law and law-making treaties, most notably the United Nations Convention on the Law of
the Sea. The course will discuss such maritime zones as internal waters, territorial sea, contiguous
zones, exclusive economic zones, the high seas, continental shelf, and international seabed areas. It will
then consider rules and issues relating to various uses of the various sea zones, such as fishing, deep
seabed mining, navigation and communication, marine scientific research, regulation of marine
pollution, marine boundary disputes, military uses of the sea, and settlement of marine disputes. The
course will also examine the interrelationship between international law and domestic law with respect
to maritime matters. Relevant Chinese law will be taken into proper account.

LLAW6055 Law of international finance I - Debt

This foundation course will examine, primarily from a legal perspective but with interdisciplinary
dimensions, the structure and operation of international bank and capital markets. The course, while
sensitive to key issues of domestic, regional and international regulation of international securities
offerings and international banking, will concentrate primarily on private law aspects of international
financial transactions such as basic trade financing, Eurodollar syndicated loans, Loan sales and
participation, Eurobond offerings, and basic interest rate and currency swaps, legal opinions and private
international law considerations.
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LLAW6056 Legal system of the People's Republic of China

This course offers an introduction to the law of the People's Republic of China and discusses some of
the central issues of China's ongoing legal reform. It is designed mainly to prepare students for further
studies in specialized Chinese commercial law subjects.
The course provides an overview of the basic concepts and categories of Chinese law, including the
cultural and political traditions informing the current legal system and the background to legal reforms
since 1979. The course further examines the PRC constitutional framework and political-legal
institutions and practices, including the legal profession and the features and uses of both formal and
informal procedures, such as civil, criminal and administrative litigation and mediation.
All reading materials are in English. Knowledge of Chinese is not required.

LLAW6057 International securities law

Secruities markets have become increasingly international in nature, with the process of financial
liberalisation and economic globalisation. This course provides an introduction to international
securities markets and relevant law and regulation. Comparative discussion, vis-a-vis major
international financial jurisdictions, including the United States, European Union, Hong Kong and PRC,
as well as relevant international principles, standards and practices, with respect to the fundamental
aspect of capital market regulations including: entry, disclosure, capital adequacy, offerings,
exemptions, insider trading, takeovers, enforcement and extraterritorial jurisdiction. Emphasis will be
placed on the development of international ‘best practices’.

LLAW6058 Armed conflicts, humanitarian law and human rights

This course will examine the international standards regulating the conduct for armed hostilities and the
use of weapons in both international and non-international armed conflict, the Hague Convention, the 4
Geneva Conventions on the Law of War 1949 and their Optional Protocols 1977, treatment of prisoners
of war, humanitarian intervention, the principles of international humanitarian law, peace-keeping, and
disarmament and the regulation of minefields. The course will deal with situations of conflict in the
Asian region and elsewhere. It will also consider the interaction between international humanitarian
standards and human rights standards, their adequacy for addressing the types of armed conflict in the
region, the flow of people they produce, and their aftermath.

LLAW6059 Criminal justice and human rights

This course will examine the international standards relating to the different dimensions of the criminal
justice process and their implementation at the national level through constitutional, legislative, judicial
and other means. Topics covered are likely to include pre-trial and administrative detention, procedural
and substantive guarantees at trial (e.g., the right to be presumed innocent and the right to a fair hearing),
sentencing, and the rights of prisoners.

LLAW6060 Current issues in human rights

This course will explore in depth a limited number of issues which are of contemporary interest in the
field of international human rights law. In 2006-2007, the topics will include the protection of minority
rights, self-determination, indigenous rights, and in-depth consideration of the moral and legal scope of
so-called “humanitarian” intervention. Prerequisite: completion of either LLAW6068 (Human Rights:
history, theory and politics) or LLAW6072 (International and regional protection of human rights).
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LLAW6061 Development and human rights

This course will consider the concept of the right to development, the recognition and scope of this third
generation of rights, the principles governing international trade and those governing respect for human
rights, trade sanction and conditionalities in aids, particularly in light of global standards set by
international bodies such as World Bank and the GATT/World Trade Organization, standards developed
by other bodies such as the International Labour Organization, bilateral arrangements such as the most
favoured nations clause and the moral, political and economic dimensions of such arrangement and
their implications for human rights protection, the control on freedom of movement and brain drain, and
autonomy on the use and disposition of natural resources.

LLAW6062 Economic, social and cultural rights

This course will first examine the historical and conceptual evolution and recognition of economic,
social and cultural rights, followed by an examination of various international and regional instruments
governing economic, social and cultural rights, and in particular, implementation and enforcement of
these instruments. There will then be a study of selected rights, including the right to food, the right to
work, the right to housing, the right to medical care, the right to education, the right to trade union and
collective bargaining, the right to social security, the right to preserve cultural heritage, and minority
rights.

LLAW6063 Equality and non-discrimination

This course will consider theories of equality, international standards on equality and
non-discrimination, and their implementation in national laws and practice. The course will examine
(with an emphasis on inequality issues of relevance to Asia) different forms of discrimination and
inequality, which may include discrimination on the basis of race, class, ethnicity, sex, disability and
other grounds.

LLAW6064 Ethnicity, human rights and democracy

This course analyses problems and dilemmas of the political and social organisation of multi-ethnic
states and the solutions that have been adopted or proposed to deal with them. The course begins with
theoretical perspectives on ethnicity and the implications of ethnicity for governance, constitutional
theory and legal order. It is organised around different conceptions and modes of state organisation,
such as the liberal, hegemonic and consociational. International and national developments that
constitute challenges to human rights, democracy, individual autonomy, cohesion of the community and
the understanding of liberty will be examined throughout the course.

LLAW6065 Freedom of speech and the press

This course will examine the theoretical justifications for freedom of expression and freedom of the
press, the role of the press in modern democracy, the scope of expression, the problem of inflammatory
speech and hostile audience, prior restraint, the regulation of free speech by way of the common law of
defamation, restriction by official secrets law, access to information and personal privacy, free speech
and the judicial process, obscenity, television and broadcasting, and disclosure of sources of
information.
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LLAW6066 Gender issues in human rights

This course will address the role that gender has played in the conceptualisation, interpretation and
implementation of international human rights standards. The topics considered will include feminist
critiques of the claimed and rocentrism of human rights guarantees, the guarantees against sex
discrimination under international and regional systems, the Convention on the Elimination of All
Forms of Discrimination against Women, and the extent to which recent developments in human rights
law and practice address the problem of discrimination against women. Specific topics addressed may
include violence against women (e.g. issues such as female infanticide, sexual harassment, marital rape,
and dowry deaths), the enjoyment by women of economic, social and cultural rights, and the
relationships among culture, tradition, religion and women's equality.

LLAW6067 Globalisation and human rights

The course explores the relationship between rights and globalisation. Globalisation is a complex
process whereby ideas, technologies, people, and capital move from one place to another, resulting in
the greater integration of the world. The spread of the idea of human rights itself, particularly under the
aegis of the United Nations, is itself a consequence of globalisation. At the same time, there are other
trends in globalisation which threaten the enjoyment of rights: the rise of corporate power, the
weakening of state authority, the dominance of the market as the matrix for social, political and
economic power, and the downgrading of social rights. Globalisation enables us to explore the
connections between political and economic rights, the limitations of rights as applied only against state
authorities, and the debate on universalism versus relativism as different cultures are juxtaposed with
the movements of peoples and cultures.

LLAW6068 Human rights: history, theory and politics

While grounded in an examination of international human rights law, this course also considers the
evolution of concepts of human rights from historical, political, theoretical and philosophical
perspectives. The issue of universality versus cultural relativism will be examined, as will the possible
responsibility of non-state actors for human rights violations. The course analyses how norms are
created through treaties and other instruments, the role of human rights in foreign policy, and the
relationship between human rights and international criminal justice and the laws of war, respectively.

LLAW6069 Human rights and governance

This course will examine the international and regional guarantees of the right to self-determination, its
relationship with the democratic process and other democratic rights, sovereignty and
self-determination, and the rights of minorities. The course may include particular emphasis on the
relationship between human rights and the process of democratisation or transition from authoritarian
regimes to democratic governments.

LLAW6070 Human rights in the People’s Republic of China

This course will examine the international and domestic dimensions of the protection of human rights in
the People’s Republic of China. It will examine the applicability of international human rights standards
to the PRC, the stance of the PRC in relation to international national mechanisms for the protection of
human rights, and the place of international standards in domestic law. The course will consider the
theoretical debates about the origin and contingency of human rights standards, questions of priorities
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in human rights, and the issue of rights in Chinese cultural contexts. It will also examine the extent of
human rights protections available under the Chinese constitution and other laws, and will focus on
selected issues, which may include the criminal justice system, freedom of expression, freedom of
association, freedom of religion, labour rights, gender discrimination, and minorities/self-determination.
The course will also examine the social and political forces that may contribute to the improvement of
human rights in China.

LLAW6071 Indigenous peoples and human rights

This course will examine the international law status of indigenous peoples and population and the
relationship between the rights of indigenous peoples and the rights of minorities. The work of the
International Labour Organisation and the United Nations in the field will be considered. Taking case
studies from the Asia-Pacific region as a particular focus, issues addressed may include the definition
and legal status of indigenous peoples, their rights to land and resources, their linguistic and cultural
rights, and their rights to self-determination, autonomy and self-government.

LLAW6072 International and regional protection of human rights

This course will examine the evolution of international standards of human rights within the United
Nations system and the mechanisms established to promote their enjoyment. The topics to be covered
will include the development and content of the International Bill of Rights, the major United Nations
human rights treaties and the work of the United Nations treaty bodies. The Charter-based mechanisms
of the United Nations will be examined, including the Commission on Human Rights and its thematic
and country-specific procedures. Particular attention will be given to the relevance of these
mechanisms to the Asian-Pacific region.
The European, Inter-American and African regional systems for the protection of human rights will also
be considered, in particular the work of their supervisory organs. The possibilities for an Asian regional
or sub-regional human rights machinery for the protection of human rights will also be examined.

LLAW6073 International protection of refugees and displaced persons

This course will examine the various international attempts to address the problem of the forced
movements of people due to persecution, armed conflict or natural disaster. It covers international
efforts in protecting aliens and refugees, the definitions of refugees in international and regional
instruments, the principle of non-refoulement, the 1951 Convention on Refugees, the work of the
United Nations High Commissioner for Refugees, and national responses to the flow of refugees.

LLAW6074 Labour rights and human rights

This course will focus on the International Labour Organisation and its various agreements. Topics to
be covered include historical development of the ILO, the institutional framework and the complaint
mechanism, collective bargaining, freedom of association and workers' and employers' organisations,
closed shop system, right to strike and other industrial action, restrictions on working conditions, child
labour and wage negotiation.

LLAW6075 National protection of human rights

This course examines the various means of protecting and promoting human rights at the national level.
The topics covered will include the relationship between international law and national law; the role of
national institutions, both governmental and nongovernmental; human rights and development; and the
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relationship between human rights and politics at the national level. The course will include a number
of case studies, drawn primarily from Asia, which will analyse both the actual situation of human rights
and concrete proposals for improving that situation.

LLAW6076 Seminar in human rights research, sources and methodology

This course will provide an introduction to the methodology of, and sources for, rights research. The
seminar will examine the various purposes of human rights research and sources and research strategies
appropriate for different purposes. The topics covered will include international sources, comparative
national material, non-governmental organisation material, and will include both legal sources and
resources from other disciplines. The use of electronic resources and search strategies, including the
use of the Internet and World-Wide Web, will also form part of the seminar.

LLAW6077 The rights of the child in international and domestic law

This course will examine the concept of children's rights within the Asia-Pacific region as a general
theoretical issue, as well as consider selected issues of domestic law and practice in the light of the
minimum standards mandated by international human rights law. The second part of the course will
seek to apply these theoretical models to the concrete legal situations in the region. It will consider
international instruments such as the United Nations Convention on the Rights of the Child, the African
Charter on the Rights and Welfare of Children, and the Hague Conventions on Child Abduction and
Inter-country Adoption, as well as other regional or bilateral arrangements.

LLAW6080 Comparative company law

This course is a comparative survey of company law, focusing on the Asia-Pacific region. It will
examine in a practical way the historical development, the main structure and characteristics, and the
judicial application of the company law in the selected jurisdictions. The discussion will be also
devoted to the legal aspects of business organization in international investment in each jurisdiction.
The course will enable the students to appreciate the differences and similarities of company law of the
different regimes. As an advanced course, completion of Hong Kong company law or a comparable
subject is a prerequisite. The course will be conducted by a combination of lecture and discussion with
the involvement of scholars or practitioners of the relevant jurisdictions. The method of assessment
may be either a final examination or a research paper, depending on the number of student registered for
this course.

LLAW6082 Corporate governance and shareholder remedies

This course will examine among others the following topics:

• The current framework of corporate governance and the role, duties and powers of directors,
auditors and managers.
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• Power of general meeting to ratify breaches.

• Role of corporate practices and conduct, and self-regulation in general.
• Role of the Stock Exchange and SFC.
• Shareholders' legal remedies against abuse of corporate power.
• Shareholders' self-help remedies including institutional activism, individual activism, and access to
information.
• Proposed reform in corporate governance and shareholder remedies
Comparisons will be made with the law in the United Kingdom, Australia, and to a lesser extent, United
States and Canada.

LLAW6083 Corporate reconstruction

LLAW6084 Cross-border insolvency law

The aim of the course is for students to consider how best to resolve cross-border insolvency issues. 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 co-operation 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.

LLAW6086 Current issues in corporate law

LLAW6087 Current issues in insolvency law

Insolvency cases in Hong Kong are at an all-time high and the entire insolvency legal regime - including
the bankruptcy of individuals and the liquidation and rescue of companies – is in transition. This course
will cover both personal and corporate insolvency and will address the ongoing initiatives to reform
Hong Kong law.
Detailed knowledge of insolvency law is not a prerequisite. The Hong Kong Corporate and Personal
Insolvency Manuals will be assigned and will provide students with both an overview of insolvency law
in Hong Kong and a detailed analysis of practical considerations. Discussions in class will consider the
adequacy of existing insolvency laws and procedures in Hong Kong and evaluate the strengths and
weaknesses of the law reform amendments and proposals. Comparisons will be made with insolvency
law developments in other jurisdictions.
There will be four primary areas covered: (1) personal insolvency law (both bankruptcy and voluntary
arrangements); (2) corporate liquidation; (3) corporate rescue (including out-of-court rescues and the
proposed Provisional Supervision procedures); and (4) cross-border insolvency.

LLAW6088 Derivatives : law and regulation

Covers the historical and market developments of swaps and derivatives, market innovations as to
financial, capital market and commodities based derivatives, use of derivatives in emerging economies,
regulatory and supervisory concerns, and selective case studies of regulatory and litigation issues as to
derivative arrangements.
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LLAW6089 Comparative financial law and regulation

LLAW6090 Emerging markets : Finance and investment

Consideration of the fundamental regulatory and contractual aspects of financing and investment in
developing countries and transitioning economies. Specific subject matter will include the role of law
in economic reforms, financial sector reforms in emerging economies, basics of infrastructure financing
from the countries perspective, debt rescheduling, privatization, regulation of foreign direct investment
and related dispute resolution considerations from the emerging countries perspective.

LLAW6092 Equity in commercial law

This course is divided into three main parts. Part 1 deals with equitable obligations and their remedies.
There will be special emphasis on duties of confidence, fiduciary duties in joint ventures and the
doctrine of Chinese walls, as well as such remedies as equitable compensation and taking accounts.
Part 2 deals with the use of equitable doctrines to obtain priorities in insolvency, such as the Quistclose
trust, Romalpa clauses, equitable tracing to recover assets in a money-laundering scheme, remedial
constructive trusts and the development of proprietary restitutionary remedies. Part 3 deals with the use
of trust structures in international finance, especially in the securitizations of assets.

LLAW6093 Regulation of financial markets

This foundation course will consider the nature and operation of financial regulation as to banking,
capital, pension and insurance markets, emphasizing overriding policy objectives, functional
convergence and the role of the regulators/supervisors, and the movement toward collaborative
international best practices.

LLAW6094 Law of international finance II – equity and structured finance

Course assumes a basic knowledge of syndicated lending and bond financing, although the first class
will provide an overview of these transactions, covers more advanced aspects of international financial
arrangement selected from such topics as role of security in international financing, fundamentals of
infrastructure financing (from a lender's perspective), asset securitization, stock and debt derivatives,
mezzanine financing, payment systems, aircraft finance and ship financing, and alternative forms of
dispute resolution in financial arrangements.

LLAW6095 International investment law with East Asia focus

LLAW6096 International tax and tax planning

This course assumes a basic knowledge of the general principles of taxation law. It will examine two
distinct, yet interdependent, areas: comparative international taxation systems and principles of
international tax planning. Specific emphasis will be placed upon the taxation environment (law, policy
and practice) within the Asia-Pacific region. Topics to be covered include:
• Inbound and outbound investment: the principles of efficient tax structuring for investors from both
high and low tax jurisdictions.
• International taxation: jurisdiction to tax; use of tax treaties; withholding tax; tax efficient
financing ; mergers and acquisitions; exploitation of intellectual property; real estate; tax incentives;
tax havens.
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• Personal taxation.
• Impact of international and domestic anti-avoidance regimes on tax planning.
• Case studies involving Hong Kong and mainland China and selected Asia-Pacific countries
(particularly Japan, Singapore and the United States) will be an integral part of the course.

LLAW6097 Pension and investment funds in Hong Kong and the PRC

This course is a comparative study of (a) the private law rights and obligations in and (b) the regulatory
regime of pension funds and investment funds in Hong Kong and in the PRC. In relation to (a),
emphasis will be placed on the different legal structures used in the two jurisdictions to operate pension
and investment funds, and the differences in the extent of the rights and duties of the parties arising
thereunder. In relation to (b), emphasis will be placed on a few recent legislative developments in both
jurisdictions, such as the new legislative framework on mandatory provident funds in Hong Kong, and
the provisional regulation on investment funds in the PRC. Knowledge of PRC law is helpful, but not a
pre-requisite to this course.

LLAW6098 Project finance

The course reviews the techniques and contract structures for international project finance including
selection of project vehicles, risk assessment and management, concession agreements, project
contracts such as purchase, supply and take or pay and forward agreements. The role of the project
participants and the creation of legal obligations through performance bonds and guarantees,
indemnities, counter-indemnities, and letters of credit as well as their common features and problems
encountered in use are discussed. Financial agreements including syndication generally and direct and
indirect participation are examined. The place of project security and insurance are introduced as is the
topic of subordination. Final topics address current issues in privatisation, the provision of
infrastructure in Asia and their relationships to development. Assessment will be by a written
open-book final examination (worth 60%), an assigned and agreed research paper (worth 30%), and
class participation (worth 10%).

LLAW6099 International commercial arbitration

In the world's globalizing economy there has been a dramatic increase in the size and complexity of
international commercial transactions. This course will examine the legal problems and other risks
(including financial, monetary, political and cultural) associated with the resolution of disputes arising
out of such international commercial transactions. The main focus of the course will be on the use of
international commercial arbitration to resolve disputes in a globalizing economy. The course will
consider the following topics : the sources of international arbitration law (domestic and international),
ad hoc and institutional arbitration, model arbitration laws and arbitration rules, arbitration laws of the
HKSAR, the PRC and other Asia-Pacific states, and issues relating to the international arbitral process
and procedure, such as arbitrability of disputes, arbitration and submission agreements, powers of
arbitrators, the applicable law, the form of the arbitration hearing, interim and final remedies, arbitral
awards (including challenges and appeal), and the recognition and enforcement of arbitral awards.

LLAW6101 Competition, mergers and acquisitions

Topics likely to be covered include theories of regulation, concept of control, acquisition of shares
including takeover offers, disclosure in takeovers, purchase of own shares and financial assistance in
takeover, compulsory acquisition, defending against unwanted takeovers, use of litigation in takeovers,
role of SFC and the takeover panel, judicial review of regulator’s powers, the need for insider dealing
law, concept of insider dealing, role of Insider dealing Tribunal.
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LLAW6102 Legal aspects of white collar crime

The course applies international and comparative perspectives to the problem of white collar crime in
the HKSAR. The topics covered include defining ‘white collar crime’, money laundering, terrorist
financing, forfeiture/confiscation of crime tainted property, corporate criminal liability, punishing the
corporation, investigating and prosecuting white collar crime, and possibly others.

LLAW6106 Issues in information technology law

This course examines the legal and policy issues relating to information technology (IT). It covers wide
range of issues involving how national governments regulate the technology of internet and how private
citizens’ rights relating to internet are protected such as privacy and personal data, censorship and
freedom of expression, civil and criminal liabilities of internet entities (e.g., ISPs and end-users),
internet jurisdiction, issues in electronic transactions such as digital signature, computer crimes,
selected intellectual property issues (e.g. P2P infringement, business method patent and domain name),
and enforcement of law over internet.

LLAW6107 Insurance law

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.

LLAW6108 The child and the law

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.

LLAW6109 Public international law

This is an introductory course in the theory and practice of public international law. Topics will include
the historical development of international law; sources of international law; the concepts of
sovereignty and statehood; jurisdiction and territory; state responsibility; law-making through treaties
and other means; the use of force; human rights; and international institutions. Strongly recommended
for students in the LLM in Human Rights Programme.
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LLAW6110 Law and regulation of banking and insurance in the People’s Republic of China

This course involves an examination of the legal framework governing banking and insurance. The
course begins with a discussion of the central bank, the People’s Bank of China, regarding its role,
activities, and regulatory power. Entry into the business of banking and regulation of the activities of
banking business are examined. In addition to the regulatory regime, the law of negotiable instruments
and the international transaction aspects of banking business are also treated. The course then moves
into the regulatory regime governing the insurance industry. Restrictions of entry and activities of
insurance companies are examined. Prudential management and investment limitations are also dealt
with. Regulatory supervision of insurance companies and regulation of insurance agents and brokers
are analysed. Other topics of insurance law include : insurable interest, subrogation, the insurance
contract, third party claimants, and bad faith claims.

LLAW6111 The law of electronic commerce: international trade and logistics

Legal issues raised by the growing use of Electronic Data Interchange and Computer Encryption in
international commercial transactions, documentary credits and international carriage of goods. Topics
include the national and international framework for electronic commerce; electronic contracting;
internet trade system using the private/public key cryptography; legal authentication and security issues;
International Conventions and Model Laws on electronic commerce promulgated by international
bodies such as ICC, UNCITRAL, OECD; electronic bills of lading and BOLERO; electronic letters of
credit; internet taxation issues and revenue implications.

LLAW6112 Criminal law and procedure in the People’s Republic of China

This course will examine the structure of criminal liabilities under Chinese criminal law and the stages
of criminal process on the mainland of the People’s Republic of China (PRC). It will consider : (1) the
organizations of criminal law in China and their relationship; (2) the changing rules of criminal
liabilities and criminal process and their political and social context; and (3) the operations of the
criminal law and the culture of criminal justice system in China. Major topics of the course include:
definition of crime in the PRC, structure and principles of PRC criminal law, commercial crimes in the
market economy, powers in criminal investigation, the judiciary and criminal trial, rules of evidence,
and rights of the accused.

LLAW6113 Constitutional and administrative law in the People’s Republic of China

This course consists of two parts. The first part of the course examines the following topics : (1)
China’s constitutional development and reform, (2) the state system, (3) the status of the Chinese
Communist Party, (4) citizen’s rights and obligations and, (5) the social and economic system. Through
comparative studies, students are expected to understand the major differences between the concepts
under the Chinese Constitution and the features of western liberal constitutionalism and the difficulties,
as well as perspectives, for China’s constitutional reform.
The second part of the course focuses on China’s administrative law system. Topics on this part include:
(1) historical foundation and development of the administrative system in China; (2) comparative
studies of Chinese and western administrative law system; (3) administrative review including
administrative reconsideration, punishment, and supervision; (4) judicial review or administrative
litigation; and (5) state compensation. In contrast to the first part, this part is mainly conducted through
case study format. Students are expected to analyse the issues in the cases by applying relevant laws
and regulations.
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LLAW6114 Cross-border legal relations between the Mainland and Hong Kong

The course examines the cross-border legal relations between the Mainland and Hong Kong from both
theoretical and practical perspectives. The course covers: (1) the new constitutional order of “one
country, two system” and the cross-border constitutional conflict; (2) conflict of criminal jurisdictions
and mutual legal assistance in criminal matters; (3) mutual legal assistance in civil and criminal matters;
and (4) theories and practice of regional mutual legal assistance in Greater China. Specific topics of the
course include: the status of the PRC Constitution and the Basic Law and the issue of congressional
supremacy, repatriation of fugitives and sentenced persons and mutual legal assistance in other criminal
matters, mutual recognition and enforcement of arbitral awards and judgements, procedures of
cross-border services and evidence taking, and cross-border insolvency and family law matters.

LLAW6115 Advanced seminar on Chinese law

This seminar will focus on selected topics including: the role of the judiciary, the rule of law, law and
development, enforcement of the law, economic reform and commercial law, WTO and China,
globalization and local culture.

LLAW6117 Cybercrime

‘Cybercrime’ refers to computer-mediated activities which are either criminal or regarded as illicit and
which can be conducted through global electronic networks. It encompasses cybercrimes against the
person (e.g. cyber-stalking, cyber-pornography), cybercrimes against property (e.g. hacking, viruses,
causing damage to data, cyber-fraud), and cyber-terrorism. The computer-age has also provided
organized crime with more sophisticated and potentially secure techniques for supporting and
developing networks for a range of criminal activities, including drugs trafficking, money laundering,
illegal arms trafficking, and smuggling.
Cybercrime poses new challenges for criminal justice, criminal law, and law enforcement. This course
will examine the nature of and problems created by cybercrime, along with some of the legal and policy
challenges arising in relation to the development of national and international law enforcement and
regulatory responses to cybercrime.

LLAW6118 Electronic banking and finance law

This course presents an introduction and analysis of the legal and regulatory issues arising from the use
of electronic technology in the provision of financial services. The course will be comparative and
interdisciplinary in nature, emphasizing US, European and Hong Kong regulation.
The course focuses on challenges to traditional models of financial regulation posed by the Internet and
electronic communications. Topics covered include the development and regulation internet banking,
securities and insurance activities. Specific topics covered include market access, payment systems,
virtual financial intermediaries, Electronic Communications Networks (ECNs), product offerings
through the Internet, and enforcement issues. The course will also address specific transactional issues
such as financing of technology companies.

LLAW6119 Human rights and cyberspace

The exponential growth of the Internet and World-wide web provides great opportunities for and poses
significant challenges to enjoyment of human rights in many areas. This course will examine a number
of areas in which the Internet revolution has provided new tools and opportunities for promoting the
enjoyment of human rights, as well as for enabling violations of human rights :
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• The use of the Internet for building human rights networks for the dissemination of information and
the co-ordination of action at national and international levels.
• Issues of access to technology, in particular the opportunities for persons with certain disabilities
provided by IT developments, the problems of accessibility and the legal obligations of e-service
providers to ensure that their services are accessible to persons with disabilities.
• The use of the Internet for the dissemination of racist material and other forms of offensive material.
• Cyberstalking and harassment through the Internet.
• The global dimensions of the Internet : the difference between rich and poor, the issue of language.
• Gender and the Internet.
• Freedom of expression and the Internet.
• Jurisdictional and substantive law problems in relation to human rights and the Internet.
• Use of the Internet by non-governmental organisations for building international networks and
co-ordinating activism on human rights issues.

LLAW6120 Intellectual property and information technology

This course examines intellectual property rights (i.e., patents, trademarks and copyright) as they apply
to the information technology and the challenges they pose in the on-line world. The course will also
examine enforcement issues as well as issues specific to e-commerce such as domain names and
strategies for the protection of websites.

Topics to be covered include, but are not limited to, the following:

Introduction to information technology

Software copyright
Protection of databases
Intellectual property issues on the Internet
Software and business method patents
Protection of semiconductor chips

LLAW6123 Law, the individual and the community : a cross-cultural dialogue

This course is a "global classroom" course centered` on dialogue amongst parallel classes at universities
in a number of countries (including Canada, Singapore, Malaysia, Finland and the USA) by means
primarily of Internet-based communications technology. The course deals with competing ideas about
the appropriate relationship between individual and community and the role of law in regulating that
relationship. A special concern is to explore the extent to which human rights are an indispensable and
universally-desirable aspect of such legal regulation. Are there reasons to believe that either the idea of
human rights or the content attributed to some human rights cannot be justified as appropriate for all
societies in all contexts? In order to provide a context for the dialogue amongst the students in the
different universities, selected cases and scenarios from international human rights law (as well as some
comparative constitutional case law) provide the concrete focus for exploring the broader theme. The
issues to be examined are likely to include (though will not necessarily be restricted to) the death
penalty, preventive detention, sexuality, corporal punishment, parent and child relationship, and
freedom of expression.
The course will involve regular meetings of the class in Hong Kong, together with participation by
students in discussions with their counterparts in other countries for 8 weeks during the semester. This
discussion will be based around the common themes and reading being considered simultaneously by
each of the classes during that period. The main form of communication technology used to link the
students is an Internet website discussion group (a series of "conferences"), hosted by the Bora Laskin
Law Library at the University of Toronto, with a back-up site at the National University of Singapore.
Students will be required to contribute to the conferences on a weekly basis as part of the course. The
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co-instructors at the different institutions will moderate general conferences involving all students from
all the participating universities.
[Note: This course was originally conceptualised and implemented by Professor Craig Scott of the
University of Toronto and Professor Kevin Tan, of the National of University of Singapore. The course
description above is based largely on their course description and appears with their permission.]

LLAW6124 Telecommunications law

The aim of this course is to provide an overview of telecommunication legislation and regulation. In the
last two decades the traditional monopolies offering telecommunications services have been broken up
around the world. The liberalization of the telecommunication markets has called for legislation and
regulation able to deal effectively with incumbent dominant operators to ensure a level playing field to
all new entrants in the market.
The following topics may be covered:
• Telecommunications technology - the jargon explained;
• The move towards the liberalization of the telecommunications industry - GATS and WTO
agreements on Basic Telecommunications; an overview of the Hong Kong telecommunications
market pre and post 1995;
• The need to regulate; regulatory principles and structures; regulatory models compared (US, EU
and Hong Kong); types of licences; licence fees; licence provisions;
• The role of the regulator, his powers and duties. The Office of the Telecommunications Authority
(OFTA), the Telecommunications Authority (TA) and the Information Technology and
Broadcasting Bureau (ITBB);
• Telecommunications regulation and legislation in Hong Kong. The impact of the
Telecommunications Amendment Ordinance 2000;
• Universal service obligation; numbering and portability; key principles and issues in
interconnection; interconnection charges and agreements; access; cost allocation; unbundling the
local loop; tariffs;
• The regulation of anti-competitive conduct; sector-specific provisions vs competition laws (US, EU
and Hong Kong approaches compared);
• The regulation of broadcasting in Hong Kong - an overview;
• The convergence of telecommunications, broadcasting and computer technologies - challenges for
the regulator. Proposals for dealing with convergence compared. The Internet - a prototype of the
converged media;
• The challenges posed by the Internet; Internet telephony - various approaches compared; the
licensing of Internet Service Providers.

LLAW6127 Current issues in financial law

The course will cover a number of important topics in current financial and security law at both a local
and international level. In addition, various issues of importance to lenders in the event of insolvency
will be explored. Although some knowledge of the common law of contract and property law may be
useful, introductory classes will re-examine matters of basic common law principles before more
detailed analysis is begun.

LLAW6128 International trade law I

International trade terms and the use of documents in export sales; contract issues in the international
trade context; China trade comparisons; attempts at standardisation, codification and unification; Hong
Kong regulation of international sales transactions; bills of exchange; collections; documentary credits;
bank guarantees and performance bonds; export credit insurance.
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LLAW6129 International trade law II

Carriage by sea; carriage by air; multi-modal transport and containerisation; 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.

LLAW6130 Law, justice and ideology

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.

LLAW6131 Media law

The primary objective of the course is an appreciation of the extent that law is affecting media practice.
A familiarity with principal areas, such as defamation, privacy, contempt of court and various regulatory
regimes governing the media will be developed. The underlying themes throughout the course are the
meaning of freedom of the press, the responsibility of the media as a watchdog, and the balance between
the two. Apart from a study of the local context, there will be frequent references to comparative
materials, in particular the USA. The syllabus outline is as follows :
1. Introduction: the role of the press in democratic society, its relation and differences with freedom
of expression, the history of, and the justification of the development.
2. Freedom of the press: freedom from what, and freedom to do what? No licensing; control by the
Press Council.
3. The Law of Defamation and its defences.
4. News Gathering I: Intrusion into Privacy.
5. News Gathering II: access to information, official meetings and records, places and institutions.
6. Breach of Confidence.
7. Publication of Obscene and Indecent articles
8. Contempt of Court : Disclosure of news sources and prejudicial reporting of trial.
9. Access to the Media and the rights of reply.
10. Broadcasting regulation and the differences between broadcasting and printing media.
11. Regulated Media and Beyond: the Internet.
Media law will be a one-semester course. Seminar will be conducted, where students are expected to
have prepared for class discussion.
Assessment : 60% exam, 40% class participation, a research paper of about 15 pages and a presentation
on the research paper.

LLAW6132 International and comparative intellectual property law

This course examines the international framework within which intellectual property law operates,
including copyright, patents, trade marks, designs and other forms of intellectual property. The course
examines how multilateral Conventions and other agreements such as TRIPS shape national intellectual
property laws, the effect of international bodies such as WIPO and WTO, the role of bilateral
agreements, and other international influences on the development of intellectual property laws. The
course also discusses the enforcement provisions (i.e. civil and criminal process); dispute resolution
(including the new WTO decisions on intellectual property); and the overall implications for global
competition between developed and developing countries in an integrated world market.
Previous or concurrent study of any other intellectual property law is strongly recommended.
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LLAW6133 Introduction to international economic law

The recent dramatic transformation of the international economic legal order is generally attributed to
“globalization”, on the one hand, and liberalization, harmonization and unification of national policies
and laws that affect trade, investment, and financial and commercial transactions across national
borders, on the other hand. Concerns arise as to the coherence and compatibility of these processes and
efforts with respect to national and global economic development, and overall welfare. This is the
domain of international economic law; the law and policy of relations between national governments
concerning the regulation of economic transactions that have cross-border effects. The course will
broadly introduce those areas of international law and institutions that have shaped, or are the resultant
of, the recent transformation of the international economic legal order, under three general themes:
international trade, investment and competition law; international financial and monetary law;
international commercial transactions. It will cover the relevant activities of international organizations
such as the WTO, ASEAN, APEC, NAFTA, EU and ICSID. In addition to trade, investment and
competition, the subject matter will include topics dealing with banking, insurance and securities. The
role of institutions such as central banks through the BIS and the Basle Committee in the development
of regulatory frameworks will be examined. The activities of two Bretton Woods international
institutions, the World Bank and IMF, as well as the IOSCO will be studied. Efforts to unify or
harmonize laws that affect international commercial transactions by international institutions such as
the ICC, UNCITRAL, UNIDROIT, Hague Conference in Private International Law and OECD will
also be examined.

LLAW6134 International trade regulation II : Selected issues on WTO and China

This course is an advanced seminar on the interactions between WTO law and national measures in
selected areas such as customs administration; public health and safety, consumer protection, industrial
and competition policies; agricultural, textiles and clothing markets, financial services markets,
telecommunications, and intellectual property rights. Each topic will include a discussion of the
interactions between WTO law and national measures with respect to China. This will include
examination of issues related to State trading, economies in transition and differential treatment to
accommodate the special needs of developing economies. The course will begin with a review of the
general principles of the WTO agreements, and a discussion of the sources of WTO law concerning
China’s commitments and obligations. Topics of study will include valuation for customs purposes,
pre-shipment inspection, rules of origin and import licensing procedures. The WTO agreements on
sanitary and phytosanitary measures and technical barriers to trade will also be considered, as will the
treatment of anti-dumping measures, subsidies and countervailing duties, and government procurement.
Policies related to trade in agricultural products, textiles and clothing will be addressed in the light of
relevant WTO agreements. The GATS and its annexes on Financial Services with respect to banking,
insurance and securities, and, Telecommunications will be examined. Finally, the course will conclude
with a detailed analysis of the WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPs Agreement) and a review of the requirements necessary for a national regime to
implement the TRIPs agreement.

LLAW6136 Dispute settlement in the WTO : Practice and procedure

This course is a specialized seminar on issues that arise in the context of WTO law and its dispute
settlement processes. It will unfold along three themes : the foundations of WTO law; the law and
policy of dispute settlement in the WTO; and, practice and procedure before WTO dispute settlement
and arbitral Panels and Appellate Body (AB). The first theme will review the sources of WTO law, its
relationship with, and status within, the legal systems of WTO members. This includes an analysis of
the standards of WTO review applicable to national measures applied by its Members within their own
domestic legal systems, and the effects of WTO dispute settlement mechanisms on certain fundamental
dimensions of national sovereignty.
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The second theme will consider the provisions that establish and govern the processes and institutions
for the settlement of disputes in the WTO. The principles that govern WTO dispute settlement will be
explored, and the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) will be examined in some detail. Equally, particular attention will be given to specialized rules
that are applicable to the settlement of disputes arising from the operation of a number of WTO
Multilateral Agreements on Trade in Goods (MTAs), the General Agreement on Trade in Services
(GATS), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), and the
Plurilateral Trade Agreements.
The third theme will address issues concerning the scope of the jurisdiction of the WTO Panels and AB,
practice and procedure related to claims and defenses, stages of pleadings involved before the Panels
and AB, evidentiary requirements, adoption and implementation of the decisions (“reports”) of the
Panels and AB, as well as available remedies for breach of WTO obligations, and in particular, for
failure to implement a Panel or AB decision.

LLAW6137 Current issues in international arbitration and dispute settlement

This course will focus on selected issues of current interest in international arbitration and dispute
settlement. The topics offered will vary from year to year. The course is likely to be offered by
permanent staff of the Faculty, Visiting Professors and Practitioners.

LLAW6138 Hong Kong arbitration law

In the world's globalizing economy there has been a dramatic increase in the size and complexity of
international business and commercial transactions. The main focus of this cross-listed course will be
on the use of arbitration to resolve disputes arising out of such business and commercial transactions.
The course will provide a comprehensive introduction to the arbitration law and practice in Hong Kong
and students will consider a range of theoretical issues and substantive topics
in this course, including:
z overview of the wide range of dispute resolution methods, including arbitration
z fundamental concepts of arbitration law
z legal framework of arbitration law in Hong Kong
z overview of Hong Kong's Arbitration Ordinance and its objectives and principles
z issues relating to the arbitral process and procedure, such as the:
ο arbitrability of disputes
ο enforceability of arbitration and submission agreements
ο appointment and powers of arbitrators
ο jurisdictional challenges
ο preliminary proceedings
ο form of the arbitration hearing
ο interim and final remedies
ο evidentiary matters (hearings and discovery)
z rendering of arbitral awards (including challenges and appeal)
z recognition and enforcement of arbitral awards
z interests and costs
z role of the courts in the arbitral process

LLAW6139 PRC Information technology law

This course examines the key law and regulations concerning the Internet and related business in
Mainland China. It intends to provide a wide-angle view of the Chinese legislative framework for the
Internet and IT industry. Against the background that both the Mainland and Hong Kong are the
members of the WTO, the course also intends to examine the impact of the Chinese Internet and IT
396

Regulations on cross-border transactions of IT products and services. The law of other jurisdictions and
the international treaties, however, may be used to compare with the related Chinese law.
Topics may include:
• Overview of IT and Internet Regulatory System
• Administration of Websites
• Electronic Commerce and Electronic Signature
• Online Publishing and Media
• Online Advertising
• Telecommunications
• Commerce Encryption
• Online Intellectual Property Issues
• Domain Name System
• Legal Protection for Software and Integrated Circuits
• Privacy Protection and Internet Censorship
• Liabilities of Network Service Providers
• Defamation, Negligence and Trespass
• Computer Crimes
• Jurisdiction and Conflict of Law in the Cyberspace
• Online Dispute Resolution

LLAW6140 Intellectual property and life science

This course will explore international and national laws on intellectual property protection of the
inventions in life science including, inter alia, pharmaceuticals (including traditional Chinese
medicine), DNA sequences, genetically modified food, biodiversity and plant varieties, stem-cell and
human-cloning research. The course will introduce students to the biotechnology revolution and the
commercialization of biotechnological discoveries through patenting. In addition, the courses will
discuss the legal and policy debates on public health issues such as the access to essential medicine for
the prevention an dtreatment of HIV/AIDS. Avarian bird flu and other epidemic diseases, as well as the
moral and ethical issues in commercially using and patenting the inventions involving human and
animal.
Previous study or concurrent enrolment in any basic intellectual property course is suggested, but not
required. Scientific and technical background is helpful, but not required.

LLAW6144 Rights and remedies in the criminal process

This course examines how courts in various common law countries have enforced the legal rights of
suspects and accused persons at different stages in the criminal process. The following rights will be
studied comparatively: right to be free from arbitrary detention, right to bail, right to legal
representation, right of silence, right to trial without undue delay, right against unreasonable search and
seizure, and right to a fair trial. The remedies to be examined will include exclusion of evidence at trial,
stay of proceedings, declaration, damages, adjournment, and bail.

LLAW6146 Law and religion

Law and religion are two of the oldest social institutions. In various forms, law and religion exist in
every human society. Law and religion also have very close relationship to each other. Looking from
human history, religion could be so intertwined with law that there could be complete overlap. However,
the modern trend is to separate the two so that a wall is built between law and religion.
 397

This course will examine the various models on how law and religion interact with each other.
Historical as well as analytical approaches will be adopted. Critical questions will be raised on
examining the proper relationship between law and religion under different worldviews and various
religious traditions including Judaism, Islam, Buddhism, Hinduism and Christianity. The role of
religion in public debate will also be considered.

LLAW6149 Healthcare law

Health care structure in Hong Kong: private health care and Hospital Authority; health insurance;
complaint and investigation procedures; Hong Kong Medical Council and professional misconduct;
other healthcare professionals e.g. psychotherapist and radiologist.
Medical treatment: consent to medical treatment; assessment of competence; role of expert witness;
consent by and on behalf of a MIP and MHO; voluntary patients; compulsory detention; mental health
review tribunals; medical negligence.
Beginning life: family planning; contraception; sterilization; abortion; child destruction; infanticide,
wrongful conception, and wrongful life.
Confidentiality: assess to medical records; personal data and privacy; reporting statutes; AIDs;
protection of genetic information.
Use of body parts and bodily materials; human experimentation: embryo and fetal research; rules
governing clinical trials; liability for injuries; the role of institutional ethics committee.
Complimentary medicine: Chinese medicine; Chinese Medical Council; integrating Chinese medicine.

LLAW6150 Comparative law

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.

LLAW6151 Human Rights in Asia

The course will cover important contemporary human rights issues in Asia. These current issues may
be regional or country-specific. The teaching may draw in history, culture, politics and law to take a
holistic approach to the many human rights challenges that countries or regions within Asia face. It will
nevertheless be dominated by the legal approach.

LLAW6152 Dealing with legacies of human rights violations

This course will examine the ways that nations around the world have dealt with, and are dealing with,
legacies of gross violations of human rights of the past. It will draw from several disciplines but will be
dominated by the legal approach which is firmly rooted in the right to an effective remedy for gross
violations of human rights and the duty of States to investigate, prosecute and punish such acts. Issues
to be examined will include the policy choices that nations emerging from sustained periods of
repression or armed conflict have to make, and the types of mechanisms that have been employed by
countries that have sought to deal with such situations. The course will, inter alia, examine whether
there is a chasm between the striking promises made by the ubiquitous use of terminology such as
‘truth’, ‘justice’, ‘healing’ and ‘reconciliation’ and reality. How does public opinion, most significantly,
the views of victims and survivors, fit into international diplomacy and local politics? What role can
traditional dispute resolution play? The course will also examine the work and effectiveness of
international criminal tribunals, ‘internationalised domestic courts’, commissions of inquiry, and other
methods of reckoning with past wrongs in societies around the world, as well as consideration of new
processes that are evolving.
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LLAW6153 Business and Human Rights

This course is centered on the relationship between domestic and transnational business enterprises and
human rights, and the responsibilities that may flow from this, as well as wider issues of corporate
social responsibility. The issues that may be covered include the following: the relevance of human
rights norms to business and whether corporations are or should be bound by human rights law; the
proper scope of corporate social responsibility; the potential impact of business activities on human
rights and business’ relationship to labour, environmental, and other interests; legal and extra-legal
mechanisms by which business activities might be regulated; comparative studies of different national
regimes, including in the Asia Pacific region; and transnational corporate governance. This course is
likely to include case studies of individual businesses and their approach to human rights and corporate
social responsibility.