LLAW3105

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 Adrian But abut@hku.hk N/A By email
Course convenor Alwin Chan alwinwh@hku.hk CCT 605 By email
Course tutor (1st and 2nd semester) Vivian Chan vivian.chan.edu@gmail.com N/A By email
Course tutor (1st and 2nd semester) Ivy Ho ivy.ho@parksidechambers.com.hk N/A By email
Course tutor (1st and 2nd semester) Cho Lik Wong wongcholik@gmail.com N/A By email
Course tutor (1st and 2nd semester) Sally Wong sallysywong@28admiralty.com N/A By email
Course tutor (2nd semester) Prisca Cheung priscac@hku.hk 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
Online test 29 Oct 2022 (1st semester) 40% 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
In-hall exam TBC 40% 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/