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 | 16 Oct 2023 | 25% | 1, 2, 3, 4, 5, 6 | |
| Final take home 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/