LLAW3023

General Course Information

1.1 Course details

Course code: LLAW3023
Course name: Insolvency Law
Programme offered under: LLB Programme
Semester: Second
Designated research course: Not applicable
Specialization: Commercial, corporate and financial law
Co-requisite: Business Associations
Course offered to non-law students: No
Credit point value: 6 credits

1.2 Course description

Insolvency law is particularly important for those aspiring to become commercial lawyers in Hong Kong, as the city is emerging as an international hub for insolvency practice. More generally, it is essential for anyone seeking to navigate today’s complex global economy.

This course examines Hong Kong and English corporate insolvency and restructuring law, adopting a comparative perspective with the U.S. Bankruptcy Code as a basic reference framework. It integrates doctrinal analysis with insights from corporate finance, providing a sharper evaluation of the practical effectiveness of legal rules. At the same time, this integrated approach offers students a more effective way to develop practical lawyering skills.

The course is carefully designed to be intellectually rigorous yet accessible, giving students the opportunity to acquire practical skills and cultivate a global perspective on corporate insolvency without an excessive workload outside the classroom.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Alex Huang alehuang@hku.hk CCT 508 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

Students who successfully complete Cross-border Insolvency Law should have achieved the following learning outcomes:

CLO 1 Be familiar with and be able to apply the basic knowledge and common law principles for

(a) moratorium;
(b) set-offs;
(c) priority claims
(d) pari passu

CLO 2 Be able to apply domestic and international law/rules for identifying and settling issues regarding

(e) transnational and cross-border insolvencies

CLO 3 Be able to understand

(f) the differences between the US and UK models for bankruptcy reorganisation;
the former being debtor in possession (DIP) and the latter, administration replacement

CLO 4 Be able to appreciate the significant use of

(g) forensic accounting in finding out whether the company’s insolvency was caused by fraud

CLO 5 Be able to understand and comment on the key issues set out in the legislative proposal for corporate rescue in Hong Kong

CLO 6 Be able to identify the key issues in China’s Enterprise Bankruptcy Law as well as its (lack of) full implementation

CLO 7 Be familiar with the Official Receiver’s Contracting-out Schemes

2.2 LLB Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/llb-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5
CLO 6
CLO 7

Assessment(s)

3.1 Assessment Summary

Assessment task Weighting Feedback method* Course learning outcomes
To be confirmed 100% 1, 2, 3, 4, 5, 6, 7
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/