LAWS4000 Private International Law.
Prof Uta Kohl (based on material prepared by Prof Alan Gibb)
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THE CHINESE UNIVERSITY OF HONG KONG
FACULTY OF LAW
Bachelor of Laws (LLB) Programme
2023-24 Term 2
LAWS4000 Private International Law
Course Teacher: Prof Uta Kohl, utakohl@cuhk.edu.hk , Tel: (852) 3943 1808;
Office Contact Hours: By appointment.
Lee Shau Kee Building, Room 529
Programme Director: Prof. Jae Woon LEE
Course Description
A knowledge and understanding of Private International Law is essential for anyone wishing to practice
in Hong Kong. Given the fact that Hong Kong is the ninth largest trading economy in the world, it
facilitates numerous business transactions with an international dimension on a daily basis. As a result, a
large majority of the legal disputes coming to the HK courts have a foreign element, which is magnified
by the fact that that the Mainland is regarded as a foreign country and Mainland Law is classified as
foreign law under Hong Kong’s Private International Law rules! Consequently, there is a significant
amount of litigation on whether Hong Kong or a foreign jurisdiction is the best forum for the dispute or
whether a decision in a foreign court should be recognized and enforced in Hong Kong. In addition, it
may be vital to the outcome of a case as to whether Hong Kong or a foreign law applies. Private
International Law is the area of law which resolves these issues and thus the course will focus on the
above three areas, choice of law, choice of jurisdiction and enforcement of foreign judgments. Over the
years I have received consistent feedback as to how useful students have found the course when on
internships and in practice. This is unsurprising as Private International Law issues are frequently
encountered in practice. Note that the subject is also referred to as Conflict of Laws but this term is
interchangeable with Private international Law.
Lecture (Thursdays 9.30pm - 12.15 pm) Discussion question (45 mins)
Week 1 Introduction None
Week 2 Concept of domicile Substance versus procedure
Week 3 Choice of law: tort Domicile
Week 4 Choice of law: contract Tort
Week 5 Choice of law: contract Tort
Week 6 Choice of law: marriage Contract
Week 7 Jurisdiction Contract
Week 8 Jurisdiction Marriage
Week 9 Jurisdiction Jurisdiction
Week 10 Enforcement of foreign judgments Jurisdiction
Week 11 Enforcement of foreign judgments Jurisdiction
Week 12 Enforcement of foreign judgments Enforcement
Week 13 Revision Revision
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LAWS4000 Private International Law. Prof Uta Kohl (based on material prepared by Prof Alan Gibb)
Prerequisites
None but for an awareness of basic principles of contract law and tort is beneficial. There will be
references to some civil procedure rules during the course but no prior knowledge of the subject is
required. It is not a civil procedure course!
Reading
Hong Kong conflict of laws is based on the English common law rules which in the UK had largely been
replaced by EU law, but have – after Brexit – in parts been reinstated. Yet, many of the standard English
textbooks still reflect the pre-Brexit position and thus have no direct relevance to Hong Kong.
The only two works published on Hong Kong Law are:
An Introduction to Conflict of Laws in Hong Kong by Gibb, Morris and Tsang (2nd ed) (a short
book designed for students)
The Conflict of Laws in Hong Kong by Johnston (3rd ed) (a book aimed mainly at practitioners
but you will also find parts of it useful and it is available online).
The full course reading list is available on Blackboard.
Aims
To give students an understanding of the rules which the Hong Kong courts apply where a case has a
connection with a foreign country in the context of jurisdiction, choice of law, and recognition and
enforcement of foreign judgments.
Learning Outcomes
By the end of this course, students will be able to:
• demonstrate a critical understanding of conflict rules in a modern legal system and economy;
• demonstrate sound knowledge of the main legal rules and principles of conflict of laws;
• identify legal problems involving those rules and principles;
• demonstrate an ability to apply the main rules and principles of conflict of laws to formulate
effective solutions to real life problems;
• conduct legal research to formulate oral and written arguments concerning the rules and principles
of conflict of laws.
Philosophy on Teaching and Learning
The focus is on student centered learning. For each topic there will be a LGS to introduce a topic.
However the emphasis will very much be on supplying you with directed reading and on problem solving
in key areas of the subject as well as on critically evaluating the relevant law. Please remember that the
tutorial element of the first part of each session is not meant to be a mini- lecture where you can remain
passive and expect the teacher to provide you with the answer. Their purpose is for you to clarify your
knowledge and understanding of a topic by presenting your answers to the discussion questions. This
means that you must prepare well for each class by carrying out the required reading and working out in
advance what you think are the answers to the discussion questions and then volunteer answers to
these questions in class. The more you engage with and participate in the discussion part of each class
the more you will learn. This is verified by the fact that the students who put most into preparing
answers to the discussion questions are invariably the ones who get the best grades! Also your teacher
is there to help you and wants you to get the best grade possible! This means I am happy to answer any
questions you have about the subject by e-mail or, preferably, in person.
Assessment
3 hours In-class open book examination. The examination questions will normally be problem based.
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LAWS4000 Private International Law. Prof Uta Kohl (based on material prepared by Prof Alan Gibb)
Grade Descriptors for an Examination
In line with University policy, the Faculty has developed “grade descriptors” to help you in your
academic work and to inform the marker’s judgment as to the grade to be awarded. The marker will use
them both in reaching a judgment as to the grade to be awarded and to give feedback to you. Work
awarded a particular grade does not necessarily display all the criteria; some may weigh more heavily
than others.
A grade
• Your answer should clearly identify all of the issues relevant to the question, including any sub-
issues.
• Where the relevant facts are unclear, or lack some relevant detail, you should comment upon this
fact and its significance.
• You should accurately and confidently state and apply relevant law to the issues that are raised.
• You should give relevant authority, where available, for the propositions that are advanced.
• Where the relevant law is the subject of important controversy, your answer should draw attention
to this fact and explain the practical importance of the controversy for the answer.
• Your answer should demonstrate a high degree of engagement with and understanding of relevant
primary and secondary sources.
• You should not introduce inaccurate or irrelevant material in the answer.
• Your conclusion should be realistic and persuasive; you should not jump to unwarranted
conclusions.
• Your answer should display critical thought, sophisticated analysis and internal coherence.
B grade
• You should clearly identify nearly all of the issues raised by the question.
• You should accurately and confidently state and apply relevant law to the issues that are raised.
• Your conclusion should be realistic, and you should not jump to unwarranted conclusions.
C grade
• You should identify the majority of the issues raised by the question.
• You should state and apply relevant law to the issues that are raised.
D grade
• You should identify a reasonable proportion of the issues raised by the question.
• You should state and apply relevant law to the issues that are raised with reasonable accuracy.
F grade
• Your answer misses many significant issues.
• Your answer contains lots of irrelevant material.
• Your answer is not well organized and may appear careless and incoherent.
• Your answer omits relevant legal principles or displays significant gaps in the understanding of these
principles.
Academic Honesty
Students shall strictly comply with University rules on Academic Honesty (see “Honesty in Academic
Work: A Guide for Students and Teachers” https://www.cuhk.edu.hk/policy/academichonesty/ ), and
provide correct and accurate citations in footnotes or endnotes as required. The use of AI tools is not
permitted in assessments.
Plagiarism
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LAWS4000 Private International Law. Prof Uta Kohl (based on material prepared by Prof Alan Gibb)
CUHK defines plagiarism as follows: Plagiarism is an attempt to pass off the work of others (in particular
the writing of others) as one's own. The most obvious and blatant type of plagiarism is copying whole
articles, sections, paragraphs or whole sentences from other publications without acknowledgement.
This is clearly unacceptable. However, even the use of a few words or paraphrasing (without actually
copying any words at all) may constitute plagiarism if the source is not acknowledged. Students
sometimes unintentionally plagiarize because they are not aware of the very stringent rules that apply.
The University and the Faculty adopt a policy of zero tolerance towards plagiarism and other forms of
academic dishonesty. Copying another person’s work or using language or ideas without proper
attribution and the use of AI tools are subject to disciplinary action in accordance with the University’s
rules.
Evaluation of Teaching
Students will be invited to complete an evaluation of teaching towards the end of the course.
Concerns and Questions
If you have any concerns or questions about the course, please contact the course leader. If your
concern persists, please contact the Programme Director.
