JDOC3102

General Course Information

1.1 Course details

Course code: JDOC3102
Course name: Evidence
Programme offered under: JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 6 credits

1.2 Course description

What may be proved: facts in issue; relevance; admissibility and weight.

Functions of judge and jury: who decides; judicial discretion.

Burden of proof: standard of proof; presumptions.

Methods of proof: oral testimony; documentary evidence; real evidence, proof without evidence.

Oral testimony: competence, compellability of witnesses; questioning of witnesses including rules re previous consistent statements, refreshment of memory and collateral issues; corroboration of witnesses; identification evidence.

Hearsay: scope, rationale, problem areas.

Common law exceptions to hearsay: informal admissions especially confessions; other common law exceptions.

Statutory exceptions to hearsay.

Evidence of character of parties.

Exclusion of evidence; self-incrimination; confession; unlawfully obtained evidence and human rights violation.

Privilege and public interest immunity.

Similar fact evidence.

Opinion and expert evidence.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Simon Young snmyoung@hku.hk CCT 602 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Describe and discuss (orally and in writing) the legal doctrines governing the admissibility and exclusion of evidence in Hong Kong criminal and civil trial proceedings.

CLO 2 Discuss the underlying principles, policies and justifications of evidentiary rules.

CLO 3 Apply the legal doctrines governing the admissibility and exclusion of evidence to a given fact situation.

CLO 4 Explain how the trial judge should instruct the jury in the use of admissible evidence generally and in a given fact situation.

CLO 5 Identify, explain and apply the ratio decidendi of a judicial decision in the law of evidence.

CLO 6 Write well-reasoned legal advice, citing appropriate legal authority, to advise hypothetical clients with their legal problems in a given fact situation.

2.2 JD Programme Learning Outcomes (PLOs)

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

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Mid-term test 10 Oct 2022 25% 1, 2, 3, 4, 5, 6
Final exam TBC 75%  1 1, 2, 3, 4, 5, 6
*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/