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Hong Kong Business Law

ACY 2021

Module Introduction

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MODULE TEAM
Instructor Room Tel no: Email

Ms Ivy Leung D741 3963 5621 ivyleung@hsu.edu.hk

Dr Tommy Leung D740 3963 5235 tommyleung@hsu.edu.hk

Dr Johnson Shum D741 3963 5094 johnsonshum@hsu.edu.hk

Mr Samuel Law lawsw@hsu.edu.hk

Mr Albert Ng albertng@hsu.edu.hk

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OFFICE HOURS
Instructor Room Tel no: Office Hours

Ms Ivy Leung D741 3963 5621 Tuesday: 9:30 ~ 11:30


Wednesday: 9:30 ~ 12:00
14:30 ~ 16:00
Dr Tommy Leung D740 3963 5235 Wednesday: 15:00 ~ 18:00
Thursday: 13:30 ~ 16:30

Dr Johnson Shum D741 3963 5094 Monday: 15:00 ~ 18:00


Tuesday: 12:00 ~ 15:00
Mr Samuel Law By appointment

Mr Albert Ng By appointment

Please make appointment (via email or tel.) for consultation. 3


CLASS INFORMATION

- 3 hours per week


- Lecture / Tutorial Exercise
- Length and break

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MODULE SUMMARY
Learning Objectives
- Equip you with knowledge of principles of Business
Law in Hong Kong
- Understand legal environment under which local and
international businesses operate
Main areas include:
- Hong Kong Legal System
- Law of Contract (General Principles)
- Special Contracts
- Principles of Tort Law

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EXPECTED LEARNING
OUTCOMES

- Understand Hong Kong Legal System


- Apply general principles of contract law in real-life
business situations
- Apply the general principles of contract law in
special contracts
- Apply general principles of tort law in real-life
business situations

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TEACHING SCHEDULE
Week 1 Course Introduction
Week 2 Hong Kong Legal System - Part A
Week 3 Hong Kong Legal System - Part B
Weeks 4, 5, 6 The Law of Contract - Part A
Weeks 7, 8, 9 The Law of Contract - Part B
Week 10 General Principles of Tort
Week 11 Law of Agency
Week 12 Law of Partnerships
Week 13 Contract of Sales of Goods +
Employment Law

This schedule is for reference only, it may vary across different


instructors and may be changed if necessary
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ASSESSMENT

Continuous Assessment
- Mid-term Test 20%
- Group Presentation and Written Report 20%
- Class Participation 10%

Final Exam 50%

* Students are required to achieve a minimum of 30% for final exam and 40%
for overall assessment to pass the module

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ASSESSMENT
Mid-term test 20%
o Date: TBC
o Time: TBC
o Venue: TBC
o Format: Essay/ MC
o Coverage: Up to Law of Contract - Part A: Consideration –
Doctrine of Promissory Estoppel (Tentative)
o You are allowed to bring a piece of A-4 sized paper which you may
write notes (but NOT print or photocopy) on both sides. *
Note
1. *Breach of this rule (e.g. bringing more than one piece of paper) will
lead to disqualification for the test/exam.
2. No make-up test is allowed unless justified, e.g. hospitalization or
contract contagious disease, etc. 9
ASSESSMENT
Presentation 10%
oGroup based presentations
oIndividually assessed
oEach group consists 4-6 members
oPresent an assigned case topic in class
oPresentation topics would be released 3 weeks prior to
the presentation day
oPresentation lasts 15 minutes, followed by 5 minutes
Q&A session
oHard copy of PPT needs to be submitted during/before
the presentation

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ASSESSMENT-PRESENTATION

Presentation Evaluation Criteria


o Originality of contents (Warning: Plagiarism!!)
o Analysis of issues/facts, application of the law,
sources and materials covered, perspectives taken,
major points, reasoning, conclusion etc.
o Presentation skills: clarity, consistency/organization,
visual aids, partnership among members, etc.
o Responding to questions: accuracy, effectiveness,
promptness, etc.
o Time control

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ASSESSMENT
Group Written Report 10%
o Based on the same assigned case topic
o Group-based assessment
o Less than 1,000 words, double spacing, A4 size
o Analysis of issues/facts, application of the law,
sources and materials covered, perspectives taken,
major points, reasoning, conclusion etc.
o Soft copy of the case report needs to be submitted
together with the presentation PowerPoint slides
o Originality of contents (Warning: plagiarism!!)

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ASSESSMENT

Class Participation 10%


o Answer assigned tutorial questions and participate in
tutorial discussion sessions.
o Participate in class discussions by raising and
answering questions; speak and share your thoughts
to facilitate intellectual exchange
o Raise questions and critically comment on other
groups’ presentations
o Interactive exchange of views through other
channels
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ASSESSMENT
Final Exam 50%

• The final exam will cover the entire syllabus


and the format is expected to include multiple
choice questions and essay questions.
• You need to achieve a minimum of 30% of the
total marks in the final exam in order to pass
the module.
• You are allowed to bring a piece of A-4 sized
paper which you may write notes (but NOT
print or photocopy) on both sides.

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COURSE MATERIALS
• Lecture slides are available at e-campus normally 1 week
before lessons
• Tutorial questions are available at e-campus normally 1
week before lessons
• Tutorial solutions are available after ALL sessions of the
course have covered that particular tutorial questions
• Textbook: D.K. Srivastava (2020) Business Law in
Hong Kong, 6th edition, Sweet & Maxwell
• Students are required to read the textbook chapters to
help reinforce the understanding in topics covered in the
lectures.
• Textbook would be available for purchase at the textbook
fair
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COURSE MATERIALS

• Other References:
- Anne Carver (2004), Hong Kong Business Law (6th edition),
Longman OR the latest edition
- Vanessa Stott (2019), Introduction to Hong Kong Business
Law (5th edition), Pearson OR the latest edition
- Hong Kong Law Reports
- Hong Kong Law Report and Digest
- Hong Kong Lawyer
- Department of Justice: http://www.doj.gov.hk
- Hong Kong Legal Information Institute: http://www.hklii.org
- Hong Kong e-Legislation: https://www.elegislation.gov.hk/

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Assessment Rubrics
,
A B C D F
(Outstanding) (Good) (Satisfactory) (Marginal) (Unsatisfactory)

- demonstrate - demonstrate a - demonstrate - demonstrate a - demonstrate a


a strong and good an adequate minimum poor
Exam/ comprehensiv understanding understanding understanding understanding
Mid-term e of all relevant of all relevant of all relevant of all relevant
Test understandin knowledge; knowledge; knowledge; knowledge;
g of all - demonstrate a - demonstrate a - demonstrate a - fail the
relevant standard of standard of standard of minimum
knowledge; good satisfactory marginally standard in
- demonstrate performance in performance in satisfactory identifying and
a standard of identifying and identifying and performance in analyzing
excellent analyzing analyzing identifying and problems as
performance problems as problems as analyzing well as
in identifying well as well as problems as synthesizing
and critically synthesizing synthesizing well as and applying
analyzing and applying and applying synthesizing knowledge; and
problems as knowledge; and knowledge; and and applying - demonstrate a
well as - … …. knowledge; poorly
synthesizing and organized
and applying - ….. presentation.
knowledge;
and
….

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Assessment Rubrics
A B C D F
(Outstanding)
, (Good) (Satisfactory) (Marginal) (Unsatisfactory)

- demonstrate an - demonstrate a - demonstrate a - demonstrate a - demonstrate a poor


Report and excellent written good written satisfactory written marginally written report
Group report showing report showing a report showing a satisfactory showing limited
Presentation an excellent level good level of satisfactory level of written report synthesis and
/ Group of synthesis and synthesis and synthesis and showing a low evaluation with no
evaluation with evaluation with evaluation but level of synthesis sign of originality,
Project
clear signs of signs of originality, weak in originality, and evaluation creativity and
originality, creativity and creativity and with limited signs insight in applying
creativity and insight in applying insight in applying of originality, knowledge;
insight in knowledge; knowledge; creativity and - demonstrate a poor
applying - demonstrate a - demonstrate an insight in applying understanding of all
knowledge; good adequate knowledge; relevant knowledge;
- demonstrate a understanding of understanding of - demonstrate a - evidence of
strong and all relevant all relevant minimum insufficient relevant
comprehensive knowledge; knowledge; understanding of data and readings
understanding of • demonstrate a • demonstrate a all relevant to support
all relevant good level of satisfactory level of knowledge; conclusion;
knowledge; presentation skills presentation skills • demonstrate a - plagiarism; and
- demonstrate an to present to present marginally - demonstrate a
excellent level of information information satisfactory level poorly organized
presentation clearly, effectively clearly, effectively of presentation presentation.
skills to present and logically; and and logically; and skills to present
information • ……. • .…. information
clearly, clearly, effectively
effectively and and logically; and
logically; and • …..
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- ……….
RULES AND REMINDERS
- Read the course materials and get well-prepared before
coming to classes
- Be punctual to classes
- Be attentive in classes
- Submit reports on time
- Print your lecture notes before coming to classes
- Don’t gossip and make no disturbance in classes
- Don’t use mobile phone or other electronic devices/appliance
in class
- No foods/snacks in class

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TIPS FOR WRITING AN ANSWER TO A
LEGAL PROBLEM

o Introduction:
o Summarizing the material facts generating the problem and
identifying the legal issue(s) that the facts raise
o Body of the answer
o Stating the law on the legal point in issue; identifying the
specific provision(s) and relevant case(s) to the facts; citing case
authorities to provide the source of legal principle(s); applying
the principle(s) adopted in relevant case(s) to the facts
o If more than one legal concept involved: systematically identify
each concept, define it, explain its ingredients or the rules
associated with it, and apply it to the given facts
o Conclusion
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GENERAL APPROACH TO ANSWER
A LEGAL PROBLEM
Identifying the legal issue and the area
of law relevant to the case problem

Identifying the specific legal


principles/rules and relevant cases to
the facts
Applying legal principles and
relevant cases to the case facts, and
critically analyze the legal problems
in the case scenario

Conclusion
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CHALLENGES OF STUDYING LAW
-CHANGING YOUR EXPECTATION

• Do not just memorize cases and provisions


• Understand the policy goals that underlie
various laws
• Apply the law in real-life situations
• Sharpen your analytical skills

Separate relevant facts from irrelevant facts


Separate emotion from reason

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