General Course Information
1.1 Course details
| Course code: | LLAW3105 |
| Course name: | Land Law III |
| Programme offered under: | LLB Programme |
| Semester: | First and Second |
| Designated research course: | Not applicable |
| Specialization: | Not applicable |
| Prerequisites / Co-requisites: | Land Law I & II |
| Course offered to non-law students: | No |
| Credit point value | 6 credits |
1.2 Course description
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; basic principles governing building management; enforcement of covenants in deeds of mutual covenant.
Partition of Land in Joint Ownership.
Special features of the New Territories: small house policy and Tsos and Tongs;
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.
Remedies; specific performance; rescission, damages; other express remedies in sale and purchase agreements; Land Registration and priority of registered instruments.
Regulating First Hand Sales of Properties and Subsidised Housing
1.3 Course teachers
| Name | E-mail address | Office | Consultation | |
| Course convenor (first and second semester) | Alwin Chan | alwinwh@hku.hk | CCT 605 | By email |
| Course convenor / tutor (first and second semester) | Jacky Chan | heiching@gmail.com | N/A | By email |
| Course convenor (second semester) | Adrian But | abut@hku.hk | N/A | By email |
| Course tutor (first and second semester) | Vivian Chan | vivian.chan.edu@gmail.com | N/A | By email |
| Course tutor (first and second semester) | Ivy Ho | ivy.ho@parksidechambers.com.hk | N/A | By email |
| Course tutor (first and second semester) | Cho Lik Wong | wongcholik@gmail.com | N/A | By email |
| Course tutor (first and second semester) | Sally Wong | sallysywong@28admiralty.com | N/A | By email |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1 Be able to read and understand the contents of Government Leases and Conditions of Grant.
CLO 2 Be able to understand what interest a grantee receives under Government leases and Conditions of Grant.
CLO 3 Be able
a. to read and understand the contents of Deeds of Mutual Covenant; and
b. to understand the nature of ownership of units in a multi-storey building.
CLO 4 Be familiar with the management of multi-storey buildings including the following:
a. the advantaged disadvantages and effect of forming an Owners’ Corporation;
b. the rights and duties of co-owners.
CLO 5 Be familiar with the enforceability of covenants by and against co-owners of units in a multi-storey building.
CLO 6 Be familiar with the systems of planning control in Hong Kong including:
a. what role planning plays in a solicitor’s work;
b. the role of Outline Zoning Plans and how to read and understand them;
c. how to challenge zoning decisions;
d. enforcement of Zoning Plans;
e. how to apply for planning permission;
f. how to ascertain site classification and permitted site coverage and plot ratio;
g. how to apply for building permission.
CLO 7 Understand how Government leases and Conditions of Grant are terminated including:
a. termination upon the expiry of the term;
b. re-entry by Government upon breach by Government lessee;
c. resumption by the Government and how to calculate compensation payable as a Result of such resumption.
CLO 8 Be familiar with the system of deeds registration in Hong Kong and in particular understand how the system affects priorities.
CLO 9 Be familiar with the manner of ownership of land and land holding in the New Territories including:
a. New Territories Exempted Houses under the Small House Policy; and
b. Tsos and Tongs
CLO 10 Understand the remedies available for vendors and purchasers of land in Hong Kong including in particular the remedies of:
a. Specific performance;
b. Rescission;
c. Damages; and
d. Other expressly agreed remedies including liquidated damages clauses.
CLO 11 Understand relatively recent legislation and measures in Hong Kong in regulating sale and purchase of land:
a. Compulsory acquisition of land under the Land Compulsory (Sale for Redevelopment) Ordinance (Cap 545) or the Urban Renewal Authority
b. Regulation of Sale of First handed Residential Properties, Subsidized Housing
c. “Vacancy Tax” (i.e. Special Rates)
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 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 8 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 9 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 10 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Assessment(s)
3.1 Assessment Summary
| Assessment task | Due date | Weighting | Feedback method* | Course learning outcomes |
| Tutorial participation | TBC | 20% | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | |
| Essay | 3 Nov 2023 (1st semester)
5 Apr 2024 (2nd semester) |
30% | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 | |
| In-hall exam | 19 Dec 2023 (1st semester)
7 May 2024 (2nd semester) |
50% | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 |
| *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: | 2 hours each for 5 tutorials 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/