LLAW3102

General Course Information

1.1 Course details

Course code: LLAW3102
Course name: Evidence I
Programme offered under: LLB Programme
Semester: First and Second
Designated research course: Not applicable
Specialization: Not applicable
Prerequisites / Co-requisites: Criminal Law I & II
Course offered to non-law students: No
Credit point value 6 credits

1.2 Course description

The course covers the major topics typically included in an introductory evidence course: relevance, admissibility, residual discretion, burden and standards of proof, proof without evidence (presumptions, judicial notice and formal admissions), competence and compellability, refreshing memory, attacking credibility, prior statements, character evidence, similar fact evidence, opinion and expert evidence, hearsay, confessions, consciousness of guilt, exclusion of evidence for violations of human rights, and legal professional privilege.

The emphasis in this course is on rules of admissibility as opposed to trial procedure. However, a full understanding of these rules and their rationale requires a basic appreciation of trial procedures and practices. Consequently, students are advised to gain some knowledge of trial procedures early on in the course.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor / tutor (first semester) Jacky Yeung yeungjck@hku.hk CCT 814 By appointment / email
Course tutor (first semester) Ted Chan tchan@dcc.law N/A By email
Course tutor (first semester) Anthony Lai anthonylai@queenswaychambers.com N/A By email
Course tutor (second semester) Edward Ng edng@connect.hku.hk N/A By email
Course tutor (second semester) Kelly Shum kellyshum@siroswald.com N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

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

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

CLO 3 Apply the legal doctrines governing the admissibility and exclusion of evidence to a given fact situation, paying particular attention to developing overt arguments explaining the relevance (or irrelevance) of specific items of evidence to specific issues, as well as matters of weight.

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 judicial decision and/or statutory provisions related to the law of evidence.

CLO 6 Write well-reasoned legal advice, citing appropriate cases and/or statutory provisions, to advise hypothetical clients with their legal problems in a given fact situation.

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

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Tutorial participation N/A 0% or 20% 1, 5 1, 2, 3, 4, 5, 6
Final exam TBA 100% or 80% 1, 3 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

Lecture: 2 hours / week for 12 teaching weeks
Tutorial: 1 hour / week for 12 teaching weeks
Private study time: 9.5 hour / 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

The Tutorial Participation assessment is in place to incentivise students:- (i) to keep up with the teaching progress of the course throughout the semester; (ii) to familiarize themselves with the essential issues and applicable cases/legislation in each of the individual topics of the course; (iii) to assist students with the self-identification of their own strengths and/or weaknesses when answering tutorial questions; (iv) to facilitate academic discussions among students within individual tutorial groups and/or (if necessary) further discussions among students and teachers in lectures and tutorials.

The final assessment assesses whether students have achieved the learning outcome for the course as a whole. Compulsory questions of the examination shall test students fundamental knowledge of various topics of the course, whereas optional questions (if available) shall test students in-depth knowledge of selected individual topics.

Learning Resources

5.1 Resources

Prescribed (compulsory) reading materials: There are no compulsory textbooks for this course. Other prescribed reading materials (e.g. Lecture outlines/slides, cases and legislation) shall be posted on Moodle.
Suggested (non-compulsory) reading materials: Students may consider any of the following recommended (non-compulsory) textbooks:-

  • A. le Roux-Kemp, Hong Kong Law of Evidence (Hong Kong: Wolters Kluwer, 2020) [Student’s edition available]
  • S. So, Law of Evidence in Hong Kong (Hong Kong: Sweet & Maxwell, 2020 [Student’s edition available]
Other materials cited in the teaching materials (Subject to further changes):
  • A. Bruce and G.McCoy, Criminal Evidence in Hong Kong (Hong Kong: LexisNexis), 3rd edn, Looseleaf.
  • K. Bokhary, S. Young and I. Cross, (eds), Archbold Hong Kong : Criminal law, pleadings, evidence and practice, 2021 (Hong Kong: Sweet & Maxwell, 2020).
  • The Annotated Ordinances of Hong Kong (Hong Kong: LexisNexis).
  • Selected articles of the Hong Kong Law Journal
  • Selected publications from the Law Reform Commission of Hong Kong and the Legislative Council of Hong Kong

5.2 Links

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

[Last updated on 3 August 2021]