JD Elective Course Descriptions 2010-2011 - law.hku.hk 2nd Semester Elective... · Banker-customer...

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JD Elective Course Descriptions 2010-2011

Second Semester [updated 18/02/11]

JDOC6005 Hong Kong Intellectual Property Law

Second semester

Syllabus

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.

[Go to Subject Homepage] [Go to full course description]

Teaching

Weekly seminars Fri 6:00-9:00

Instructor(s) : Alice Lee

Assessment

Take home exam (100% or 70%), Optional assignment (30%)

JDOC6024 Banking Law

Second semester

[Prerequisites : Regulation of Financial Markets or Company Law ]

Syllabus

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

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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.


Teaching

Weekly seminars Wed 6:30-9:30

Instructor(s) : Pauline Li, Li Wang Wai

Assessment

In-hall exam (50%), Two written assignments (50%)

JDOC6025 Company Law and Securities Regulation in the PRC

Second semester

Syllabus

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.


Teaching

Weekly seminars Mon 6:00-9:00



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Instructor(s) : Yu Guanghua

Assessment

Research paper (80%), Class participation and presentation (20%)

JDOC6036 International Criminal Law

Second semester [Prerequisite : Criminal Law, capped at 25 students]

Syllabus

International Criminal Law is one of the fastest developing areas of International

Law, the core of which can be defined as the rules that govern actions that are

recognised by the international community as being ‘international crimes’.

In this course on International Criminal Law, we will not be covering the entire

range of international crimes. Instead, we will concentrate on International

Criminal Law as it pertains to gross violations of human rights and humanitarian

law, an area which is sometimes called International Justice. This course will

provide students with a balanced and thorough understanding of the

fundamentals of International Criminal Law, with focus on individual criminal

responsibility for international crimes.

Students will therefore study the relevant laws and leading cases ranging from the

judgements of the International Military Tribunals at Nuremberg and Tokyo to the

explosion of jurisprudence that began with the ad hoc tribunals in the 1990s,

without neglecting cases such as Eichmann, Finta and Calley from the ‘quiet’

period of the Cold War. They will develop a thorough understanding of the

elements of War Crimes, Crimes against Humanity and Genocide. Two classes

will be devoted to the International Law of Armed Conflict (International

Humanitarian Law), which is essential for a complete understanding of the

concept of War Crimes.

Students will learn about the different forms of criminal responsibility (such as

direct perpetration, aiding and abetting, incitement, common plan and command

responsibility), as well as defences to crimes and immunities that may prevent

prosecution. There will be a class on the exercise of jurisdiction in International

Criminal Law. This course will also provide instruction in fundamental principles

underpinning International Criminal Law, such as the rights to fair trial and due

process, and other essential concepts of justice such as the principles of legality

(nullum crimen, nulla poena sine lege) and double jeopardy (non bis in idem).


Teaching

Weekly seminars Tues 6:00-9:00

Instructor(s) : James Fry


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Assessment

Research paper (80%); Class participation and discussions (20%)

JDOC6046 Privacy and Data Protection

Second semester

Syllabus

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.


Teaching


Instructor(s) : Michael Jackson, Marcelo Thompson

Assessment

24-hour take-home examination (60%), Essay/assignment (40%)

JDOC6047 PRC Property Law

Second semester [Capped at 30 students]

Syllabus

Due to China’s unique economic structure and political culture, property

protection has loomed large for many multinational companies to operate business

in China. The vast growth of their investment in the Chinese property market

makes it increasingly important for them to understand and use the complex legal


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system to protect their property interests. Moreover, a host of problems caused by

the rapidly developing economic reform in China have made property protection a

core issue at the forefront of human rights debate. Since the passage of the

Property Law in 2007, there has been a more heated debate over the ways in which

property system should be further reformed to address the problems such as social

inequality and political change in China.

Situated in the watershed moment of institutional transition in China, this course

aims to examine the legal protection of property rights under the Chinese law and

its related economic, cultural and political issues. All the topics of this course will

be discussed through case studies. With a focus on the newly adopted Property

Law, the first part of the course deals in detail with the basic principles and rules

that protect property rights. For example, we will discuss the civil law principles of

property protection, acquisition of property, exclusive rights conferred on

property owners, and the limitations on exclusive rights. The second part of the

course considers the economic, social and political issues of protecting property

rights in China. To do so, we will discuss issues such as the development of the

real estate market, the protection of cultural property, and takings of property and

land reforms.


Weekly seminars Wed 6:00 – 9:00

Instructor(s) : Sun Haochen

Assessment

Two short essays or a research paper (70%), Class participation (30%)

JDOC6049 Securities Regulation

Second semester [Prerequisites : Regulation of Financial Markets or

Company Law ]

Syllabus

This course is an introduction to the framework of securities regulations. Topics

include: self-regulation, regulatory agencies, financial and transactional

intermediaries, primary distributions, secondary trading, acquisitions and

mergers, insider trading, securities fraud, derivatives and globalisation.


Teaching


Instructor(s) : Syren Johnstone

Assessment



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Take-home Examination (80%), Coursework (20%)

JDOC6056 Law and Development in the PRC

Second semester

Syllabus

This course examines the role of law and legal institutions in the political,

economic and social development in the People’s Republic of China. The course

has three objectives: first, to expose students to the function and structure of

Chinese legal institutions in political, economic and social development; second, to

explore the limits and prospects of the Chinese legal reform; third, to consider how

the Chinese legal reform both draws from and informs the law and development

movement outside China.


Teaching

Weekly seminars Mon 6:00 – 9:00

Instructor(s) : Zheng Ge

Assessment

Research paper (80%), In-class presentation (20%)

JDOC6057 International Securities Law

Second semester [Prerequisites : Regulation of Financial Markets or

Company Law]

Syllabus

Securities 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’.


Teaching



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Instructor(s) : Douglas Arner, Young In

Assessment

Take home exam (100%)

JDOC6062 Economic, Social and Cultural Rights


Syllabus

This course will begin with a discussion of the theoretical and historical

development of economic, social and cultural rights (‚ESC rights‛) under the

international human rights system. It will then examine the sources of ESC rights,

the obligations of states and the implementation of ESC rights at both international

and domestic levels. Among the substantive contents of ESC rights, the course will

study the right to food, the right to the highest attainable standard of health, the

right to social security, the right to education, and cultural rights. The course will

also look at an indicators approach to monitoring the realization of ESC rights.


Teaching

Weekly seminars Thu 6:00 – 9:00

Instructor(s) : Karen Kong

Assessment

Research paper (65%); Research proposal (5%), Case comment (20%), Class

participation (10%)

JDOC6063 Equality and Non-discrimination

Second semester

Syllabus

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.


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Teaching


Instructor(s) : Kelley Loper

Assessment

Research paper (75%), Class participation (25%)

JDOC6073 International Protection of Refugees and Displaced Persons

Second semester

Syllabus

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.


Teaching

Weekly seminars Tue 6:00 – 9:00

Instructor(s) : Kelley Loper

Assessment

48 hour take-home exam (75%), In-class participation in seminar discussions (50%)

JDOC6075 National Protection of Human Rights

Second semester

Syllabus

This course will examine the range of methods of ensuring the protection of

human rights at the national level and will seek to identify the conditions that are

conducive to the full enjoyment of fundamental human rights. The topics to be

covered will include the relationship between international law and national law;

the use of international standards in national decision-making and policy making;

models of constitutional and legislative protection and enforcement of human


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rights; and the role of national institutions, such as the public service, human

rights commissions, professional associations (such as bar associations and

medical associations) and non-governmental organizations in the promotion and

protection of human rights. The course will primarily focus on case studies from

the Asian-Pacific region, but will also include material relating to other countries.


Teaching


Instructor(s) : Tony Carty

Assessment

Research paper (65%), In-class presentation (20%), Class participation (15%)

JDOC6094 Law of International Finance II- Equity and Structured Finance

Second semester

Syllabus

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.


Teaching

Weekly seminars Thurs 6:30-9:30

Instructor(s) : Douglas Arner, Paul Lejot

Assessment

Assignments (100%)

JDOC6096 International Tax and Tax Planning

Second semester

Syllabus



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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.

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.


Teaching

Intensive course Mar 8, 15 & 22 Tue 6:00-9:00 pm

Mar 12 Sat 9:30 am-12:30 pm & 2:30 pm – 5:30 pm

Mar 19 Sat 9:30 am-12:30 pm

Feb 25, Mar 11 & 18 Fri 6:00-9:00 pm

May 31, Jun 7, 14 & 21 Tue 6:00-9:00 pm

Instructor(s) : Andrew Halkyard, Wilson Chow

Assessment

Take-home examination (70%), Group presentations (30%)

JDOC6099 International Commercial Arbitration


Syllabus

The main focus of the course will be on the use of arbitration to resolve disputes

arising out of such international commercial transactions. The course will consider

the following topics: the sources of international arbitration law (national 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 the arbitrability of disputes, enforceability of arbitration and submission

agreements, appointment and powers of arbitrators, jurisdictional challenges,

applicable law (both procedural and substantive), the form of the arbitration

hearing, interim and final remedies, evidentiary matters (hearings and discovery),

rendering of arbitral awards (including challenges and appeal), and recognition

and enforcement of arbitral awards.


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Teaching

Weekly seminars Mon 6:30 - 9:30

Instructor(s) : Katherine Lynch

Assessment

Research paper (100%)

JDOC6110 PRC Law and Regulation of Banking and Insurance

Second semester

Syllabus

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.


Teaching

Weekly seminars Fri 6:00–9:00

Instructor(s) : Yu Guanghua

Assessment

Research paper (80%), Class presentation (20%)

JDOC6111 E-Business Law

Second semester

Syllabus



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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.


Teaching

Intensive course

Jan 17, 18, 24, 25 & 31 & Feb 1: Mon & Tue 6:00 -9:00 pm

March 7, 14 & 21 and April 11 & 18: Mon 6:00 -9:00 pm

Instructor(s) : Rolf Weber, Felix Chan

Assessment

Research essay (50%), In-class open-book assessment on 7 March 2011 (30%),

Presentation based on the research essay (20%)

JDOC6114

Cross-border Legal Relations between the Mainland and Hong

Kong [taught in Putonghua]


Syllabus

The course will focus on the constitutional, criminal and civil aspects of cross-

border legal relations, which will include:

The status of PRC constitution and the Basic Law and the issue of congressional

supremacy; Criminal jurisdictions; Repatriation of fugitives and sentenced persons

and mutual legal assistance in other criminal matters; Mutual recognition and

enforcement of arbitral awards and judgments; Procedures of cross-border services

and evidence taking; and Cross-border insolvency and family law matters.

The course will be taught in both Putonghua and English. The medium of

coursework and examination will be in Chinese.


Teaching

Weekly seminars Fri 2:00-4.55

Instructor(s) : Zhang Xianchu, Fu Hualing


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Assessment


JDOC6119 Human Rights and Cyberspace

Second semester

Syllabus

The exponential growth of the Internet and World-wide web provides great

opportunities for the poses significant challenges to enjoyment of human rights in

many years. 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:

The use of the Internet for building humaan 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 organizations for building

international networks and co-ordinating activism of human rights issues.


Teaching

Intensive course ( Jan 18 – Feb 22, 2010)

Tuesday & Thursday 6:00-9:00 pm

Saturday 10:00 am-1:00 pm

Instructor(s) : Jane Bailey

Assessment

Research paper (80%); Class participation (20%)

JDOC6120 Intellectual Property and Information Technology


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Second semester [Capped at 30 students, priority to LLM (IT&IPL) students]

Syllabus

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


Teaching


Instructor(s) : Kevin Pun

Assessment

Research paper (80%), Open-book test (20%)

JDOC6124 Telecommunications Law

Second semester

Syllabus

It is expected that, upon completion of the course, students will:

- know how the telecommunication and broadcasting industries are

regulated, and the main features of the relating legislation and regulation.

- be able to evaluate the adequacy or inadequacy of the regulatory regime in

the individual markets, as well as the converged market.

Though the course will focus on the Hong Kong issues, overseas legislation and

practice will be referred to in appropriate circumstances.


Teaching

Weekly seminars Sat 2:30 – 5:30



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Instructor(s) : Mr Desmond Chan

Assessment

Research paper (80%), Group project and presentation (20%)

JDOC6132 International and Comparative Intellectual Property Law


Syllabus

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. Previous or concurrent study of intellectual property is

recommended to students considering this course.


Teaching


Instructor(s) : Li Yahong

Assessment

Take home exam (60%); One take home assignment (30%), Class participation

(10%)

JDOC6133 International Economic Law

Second semester

Syllabus

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


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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.


Teaching

Weekly seminars Tue 6:00-9:00

Instructor(s) : Lim Chin Leng, Douglas Arner

Assessment

Take home exam (100%)

JDOC6139 PRC Information Technology Law

Second semester

Syllabus

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

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


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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


Teaching

Weekly seminars Tue 6:00-9:00

Instructor(s) : Zhao Yun

Assessment


JDOC6144 Rights & Remedies in the Criminal Process


Syllabus

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.


Teaching

Weekly seminars Wed 6:00 - 9:00

Instructor(s) : Simon Young

Assessment

Take home examination (100%) or Research paper (100%)

JDOC6153 Business and Human Rights

Second semester



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Syllabus

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. .


Teaching


Instructor(s) : Farzana Aslam

Assessment

Research paper (75%), Class participation and attendance (25%)

JDOC6154 Competition Law

Second semester

Syllabus

This course introduces students to relevant competition law concepts, including

regulation of anticompetitive agreements and collusive behavior, regulation of

monopolies, and review of mergers and acquisitions. Materials will be drawn from

the U.S., the EU, Hong Kong, and possibly China.


Teaching

Intensive course

Mar 7, 9, 14, 16, 28 & 30 & April 4, 6, 11 & 13 Mon & Wed 6:30 – 9:30

Mar 10 & 17 Thu 6:30 – 9:30

Teachers : Professor Joe Bauer & Professor Mark Furse

Assessment



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Two take-home exams at the end of the two sessions (100%)

JDOC6163 Negotiation: Settlement and Advocacy

Second semester [Capped at 35 students, enrolment priority to LLM

(ARB&DR) students]

Syllabus

This Negotiation module will introduce students to a conceptual framework for

analyzing, preparing and conducting negotiations and offer students some

practical experience in using this framework. This module is offered in an

intensive format with only a small part devoted to lectures; the major focus of the

module will be in negotiation and analyzing a series of negotiating exercises

designed to highlight a range of important issues about the negotiation process. As

this Negotiation module combines both theory and practice, fluency in English is a

must for students who will actively participate in negotiation exercises, case

simulations and small group debriefs. A range of issues will be discussed in the

course including: elements of the negotiation process; planning for an effective

negotiation (considering negotiation models, strategies, and tactics); how to

conduct an effective negotiation and achieve good substantive outcomes the

acquisition of effective negotiation skills and how to deal with difficult negotiators.


Teaching

Intensive course

Jan 6 & 7 and Jan 13 & 14: Thu & Fri 6:30 – 9:30

Jan 8 & 9 and Jan 15 & 16: Sat & Sun 9:30 am – 5:30 pm

Instructor(s) : Shahla Ali

Assessment

Research paper (50%), Outlines & participation (25%), Skills journal (25%)

JDOC6164 Principles of Family Law


Syllabus

This course covers basic principles of Hong Kong family law and its historical

development. It examines marriage formation, nullity and legal consequences of

marriage. It covers protection of spouse and children from domestic violence.

This course also covers judicial separation, divorce and ancillary relief. The law

relating to children is also examined with emphasis on parental responsibility,

child adoption and child protection from abuse and neglect. Also studied is the

impact on family law of the UN Convention on the Rights of the Child and other


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international treaties binding on Hong Kong.


Teaching

Weekly lectures and tutorials Mon 8:30 – 10:25

Instructor(s) : Athena Liu

Assessment

Individual and group essays (35%); In-class test (35%), Oral presentation

(20%); Attendance and participation (10%)

JDOC6167 PRC Tort Law

Second semester

Syllabus

This course introduces the history of PRC tort law, relevant principles of PRC

General Principles of Civil Law on which tort law is based, and substantive issues

of tort law including liabilities based on fault such as tort injuries to human body,

dignity, family relations, property, etc; liabilities without fault such as product

liability, environmental pollution, injuries caused by animal; accidental torts such

as accidents in transportation, medical treatment and work-related activities. These

issues and various concepts such as intentional torts negligence, vicarious

liabilities and joint and several liabilities will be discussed in comparison with the

Common Law counterparts. The course is taught in English and no knowledge of

Chinese is required.


Teaching


Instructor(s) : Li Yahong

Assessment

24-hour take home exam (85%), Class participation (15%)

JDOC6171 Corruption: China in Comparative Perspective


Syllabus


http://law.hku.hk/teaching/2006subjects/courses/3043%20Famfair2004.doc


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This course examines the pervasive problem of corruption in the People’s Republic

of China in comparative perspective. The course aims to combine theoretical

understanding of corruption with the best practice in prevention, investigation

and punishment of corruption. Subject matters to be covered in the course include

perception of corruption, definition of corruption, theoretical observations, case

studies on corruption, anti-corruption systems, legal framework, education and

whistle blowing, and international cooperation.


Teaching


Instructor(s) : Fu Hualing

Assessment


JDOC6172 Carriage of Goods by Sea

Second semester

Syllabus

Bills of lading and other sea transport documents (e.g. waybills, delivery orders);

express and implied terms in contracts of affreightment (concerning

seaworthiness, deviation, dangerous cargo < etc); the Hague and Hague-Visby

Rules; voyage charterparties and time charterparties; maritime arbitration;

electronic data interchange (EDI) and electronic bills of lading.


Teaching

Intensive course

Jan 11, 13, 18, 20, 25 & 27 and Feb 8, 10, 15, 17, 22 & 24:

Tue & Thu 6:00 -9:00 pm

Instructor(s) : Professor Francis Reynolds

Assessment

In-hall open book examination in March 2011 (100%)

JDOC6176 Online Dispute Resolution

Second semester


http://law.hku.hk/teaching/2006subjects/courses/LLAW3137.pdf


http://law.hku.hk/teaching/2007subjects/LLAW3138.pdf

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Syllabus

This course will introduce to the students how to use information technology to

facilitate the resolution of disputes between parties. Despite the prevalent

impression that online dispute resolution (ODR) is simply the online equivalent of

alternative dispute resolution (ADR), the course will demonstrate to the students

that ODR can augment the traditional means of resolving disputes by applying

innovative techniques and online technologies to the process. Although the course

will focus on the technological application in those out-of-court alternative dispute

resolutions, it by no means ignores the potential that all these technologies may be

applied directly in the litigation system. The course will examine online

negotiation, mediation, arbitration, their combinations or other alternatives. The

course has both theoretical and practical value to practitioners and academics.


Teaching

Intensive course

January 21, 28: Fri 6:30 – 9:30 pm

January 22, 23, 29 & 30: Sat & Sun 9:30 am – 5:30 pm

Instructor(s) : Zhao Yun

Assessment

Research paper (60%); In-class Moot Court practice (40%)

JDOC6182 International Organizations


Syllabus

International organizations: their developing importance especially in regional

affairs; their constitutions; their law-making roles and methods; the important of

consensus, package deals and weighted votes; their status within the framework of

international law.

A selection will be made from the following case studies:

The United Nations Conference on the Law of the Sea (UNCLOS III);

Regional economic organization: the Pacific Forum, the Organization of American

States, the Organization of African Unity;

Regional defence organization: NATO, the Warsaw Pact.


Teaching


Instructor(s) : James Fry



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Assessment

Class participation (20%), 3 cases comments (40%), Essay (40%)

JDOC6183 Animal Law


Syllabus

This course examines the law relating to non-human animals. The course will

introduce a range of theoretical perspectives on the way in which we think about

animals, with a focus on moral/ethical theories of animal interests and animal

rights. The welfare model of animal law, as expressed through relevant legislation

and case law, will be critically analysed. While much of the consideration of this

law will have an Asian orientation, attention will also be given to international

developments in animal law. Finally, the course will explore practical ways in

which lawyers may advance the interests of animals.


Teaching

Weekly seminars Thu 6:00-9:00

Instructor(s) : Amanda Whitfort

Assessment

Research assignment (70%), Seminar presentation (30%)

JDOC6185 China Investment Law

Second semester

Syllabus

This course provides a comprehensive, informed treatment and analysis of the

legal, policy and business aspects of foreign direct investment in China. Areas

covered include: current PRC foreign investment policies and priorities, including

‚encouraged industries‛; investment incentives and investment protection; PRC

regulatory authorities and government approval process; offshore structures; PRC

foreign-related business and investment organizations: representative offices,

branches offices, holding companies, foreign investment enterprises (FIEs): Sino-

foreign cooperative and equity joint ventures, wholly foreign-owned enterprises

(WFOEs), listed and unlisted Sino-foreign joint stock limited companies (JSLCs);

practical joint venture contract drafting and operational issues; trading and

distribution; technology transfer; conversions; mergers and acquisitions; selected

regulatory issues: corporate income taxation, foreign exchange control; FIE debt


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and equity financing; out-bound China investment.


Teaching

Weekly seminars Thu 6:00-9:00

Instructor(s) : Zhang Xianchu

Assessment


JDOC6187 Advanced Topics in Competition Law

Second semester

Syllabus

This course will focus on the interface between intellectual property and

competition law from a global perspective. The course will be divided into two

sessions. The first session consists of 6 classes, and will run from Tuesday,

February 23rd to Wednesday, March 10th. The second session again consists of 6

classes, and will run from Wednesday, April 7th to Wednesday, April 21st. The

first module will first introduce the law and economics of competition law and

intellectual property, and will proceed to focus on how the U.S. has dealt with the

interface between these two areas of law. The second module will primarily focus

on EU law, with a particular focus on refusal to license under Article 102 (formerly

Article 82) and the General Court's (formerly the CFI) Microsoft decision in 2007.

This course presumes no background in either area of law.


Teaching

Intensive course

Mon, Wed & Fri 6:30-9:30

Feb 7, 9, 11, 14, 16 & 18

Apr 6, 8, 11, 13, 15 & 18

Instructor(s) : Prof Rudolph J.R. Peritz, Prof Steven Anderman

Assessment

Two take-home exams at the end of each of the two sessions (100%)

JDOC6188 Intellectual Property Policy and Practice




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Syllabus

Intellectual property has become the cornerstone of the knowledge-based economy

and plays a critically important role in the cultural and political development of

our contemporary society. The primary purpose of this course is to examine the

major intellectual property cases that have an enormous impact on the past and

future development of intellectual property law. Through case studies, we will

also explore the economic, cultural and political theories and policies upon which

intellectual property is founded.

The case study will run through four general themes, namely the promotion of

cultural dynamics, the protection of labor, the promotion of efficiency and the

protection of personality. Specific topics of case studies will primarily include

fashion designs, copyright fair use, trademark fair use, patentable subject matter,

publicity rights, moral rights, industrial designs, well-known trademarks and

trademark dilution.


Teaching


Instructor(s) : Sun Haochen

Assessment

Weekly response papers or a research paper (80%); Class participation (20%)

JDOC6189 International Law and Modernity for a Multipolar World

Second semester

Syllabus

By way of illustration, the course looks at the late Spanish Scholastics such as

Vitoria and Suarez, early modernist critiques of international law, such as

Machiavelli and Hobbes, natural law rationalists such as Grotius, Pufendorf and

Kant, before coming to the contemporary figures such as Jurgen Habermas,

Jacques Derrida and others. Following the critique of figures such as Richard Tuck,

the course recognizes that international law has been fromed largely in

confrontation with the non-Western world and the course looks for possibilities of

future engagement in a Multipolar World.


Teaching

Weekly seminars Tue 6:00 - 9:00



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Instructor(s) : Tony Carty

Assessment

Essay (90%), Presentation (10%)

JDOC6195 Global Business Law II


Syllabus

Global Business Law I deals essentially with problems of trade law, including

measures taken to counter ‚unfair trade‛ from abroad and market access in

foreign markets. For example, it will touch on the perspective of foreign business

in relation to China’s 2001 WTO accession, and the experience in the last decade.

What are the business implications of China’s increasing ‚litigiousness‛ at the

WTO? What are ‚Buy China‛ and ‚Buy America‛ about? In both Global Business

Law I and II, there will also be a ‚development‛ perspective, from lawsuits

brought by indigenous people for corporate responsibility violations abroad, to the

problems facing developing countries in the WTO and their implications for

business.


Teaching


Instructor(s) : Lim Chin Leng

Assessment

Three day ‚take home exam‛ (100%)

JDOC6201 PRC Taxation Law and Policy

Second semester

Syllabus

The course examines the legal, economic, and political considerations relevant to

the formulation and implementation of tax law and policy in PRC. Although the

primary emphasis is on current law, the course will also focus on a variety of tax

policy issues in the PRC. The specific topics covered may include, among others,

the following: (1) the concept of tax in economic and constitutional perspectives;

(2) the categorization of tax in economics and law; (3) taxation principles; (4) direct

taxation in the PRC including individual income tax and enterprise income tax; (5)

indirect taxation with particular focus on the Value Added Tax in the PRC; (6)


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discussion of taxation development in the PRC which mainly addresses the issues

of a consolidated environmental tax and a uniform social security tax; (7) the tax

administration system; and (8) tax disputes settlement and taxpayers’ protection in

the PRC.


Teaching

Weekly seminars Fri 6:00 – 9:00

Instructor(s) : Xu Yan, Richard Cullen

Assessment

Research paper (70%), Class attendance, participation and presentation (30%)

JDOC6206 Cross Border Corporate Finance: Issues & Techniques


Syllabus

The course will provide an understanding of the underlying principles and

policies of corporate finance law, and will familiarise students with the actual

practices of the markets and techniques of key transactions. It will focus on the

consideration and treatment of issues that arise when financing transactions cross

borders.

Seminars to introduce the topics will be augmented by exercises which will be

designed to simulate real transactions. Students will be divided into teams, which

will be pitched against other teams, role-playing, lawyers, financiers, borrowers/

fund-raisers and investment bankers.

The course will be useful to those who intend to work in the corporate and

corporate finance sectors, in law firms or investment or commercial banks.


Teaching


Instructor(s) : Maisie Ooi

Assessment

Take home exam (70%); Participation in team exercises (30%)

JDOC6207 Corporate Conflicts



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Syllabus

With increasing globalisation many corporations today operate beyond their

domestic borders. Many businesses operate transnationally by means of a

multinational group structure or through the medium of a joint venture. This

course seeks to introduce students to the issues that arise in dealings with

corporations that have a presence in more than one jurisdiction.

Some of the issues which we will be looking at are: What laws regulate companies

that are incorporated in one jurisdiction but operate in another? How are mergers

and amalgamations of corporations done when corporations operate in a number

of jurisdictions? What are the issues that arise in the transnational collapse of

corporations such as those we have witnessed in recent years? How are they dealt

with?

The financial and securities markets are grappling today with issues arising from

dealings in securities from multiple jurisdictions. We will also consider these

issues.

The course will be useful to those who intend to have a corporate practice, or to

work in the corporate, securities or banking sectors.


Teaching


Instructor(s) : Maisie Ooi

Assessment

Research paper (80%); Presentation and defense of paper (20%)


JD Elective Course Descriptions 2010-2011 - law.hku.hk 2nd Semester Elective... · Banker-customer...

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