JDOC3105

General Course Information

1.1 Course details

Course code: JDOC3105
Course name: Land Law III
Programme offered under: JD Programme
Semester: June
Prerequisites / Co-requisites: Land Law I & II
Credit point value: 6 credits

1.2 Course description

This aim of this course is to enable students to acquire the fundamental understanding and knowledge of land law in Hong Kong context so that they can competently understand and review property transactions documents in Hong Kong.

The following topics would be covered in the course:

Government leases and Conditions; sale and grant of land by Government; sectioning and subdivision of land; duration of leases; compliance with Conditions; certificate of compliance; user restrictions in Government leases and Conditions; waiver of restrictive covenants;

Deeds of mutual covenant; nature of co-owners interests; common terms in deeds of mutual covenants; allocation of shares; basis principles governing building management; enforcement of covenants in deeds of mutual covenant;

Special features of the New Territories: small house policy and t’sos and t’ongs;

Planning: Outline Zoning Plans; planning permission; planning through building controls; Land (Compulsory Sale for Redevelopment) Ordinance;

Termination of Government leases and Conditions; resumptions by the Government and assessment of compensation;

Partition of Land in Joint Ownership;

Remedies; specific performance; rescission, damages; other express remedies in sale and purchase agreements, Land registration and priority of registered instruments.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Adrian But abut@hku.hk N/A By email
Course convenor Alwin Chan alwinwh@hku.hk CCT 605 By  email
Course convenor Prisca Cheung priscac@hku.hk N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Understand and explain the leasehold nature of land in HK and the nature of multi-storey building ownership in Hong Kong.

CLO 2 Critically analyse and evaluate land title documents commonly found in HK and explain the nature of interest disposed by these title documents.

CLO 3 Understand and explain the nature and characteristics of Chinese customary trust of Tso and T ng and the application of the New Territories Ordinance(Cap 97) to New Territories Land.

CLO 4 Identify and explain the various means of termination of Government Grant and incidental compensation issues.

CLO 5 Explain the planning control and land use control in HK and their means of enforcement and compulsory sale of interest fro redevelopment under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap 545).

CLO 6 Appraise various remedies for breach of agreement for sale and purchase of land in Hong Kong and explain the effect and consequences of the various remedies.

CLO 7 Analyse and advise on priority issues under the common law regime and the Land Registration Ordinance (Cap 128).

CLO 8 Advise competently on legal issues and resolve problems and disputes frequently occurred in real life land transactions.

CLO 9 Possess the requisite knowledge and skills to continue to advance to investigation of title of property in Hong Kong and to conduct various property transactions common in Hong Kong (proceed to Property Transactions I and II courses in PCLL).

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
CLO 7
CLO 8
CLO 9

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Final exam TBC 100% 1, 2 1, 2, 3, 4, 5, 6, 7, 8, 9
*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-hour seminars in an intensive mode in June semester
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/