General Course Information
1.1 Course details
| Course code: | LLAW3270 |
| Course name: | Legal Pluralism in Hong Kong |
| Programme offered under: | LLB Programme |
| Semester: | Second |
| Designated research course: | No |
| Specialization: | Chinese law |
| Prerequisites / Co-requisites: | No |
| Course offered to non-law students: | No |
| Credit point value: | 6 credits |
[This course is cross-listed to LLM elective. Senior year LLB students (i.e. LLB 3-4 and Double Degree 4-5) are allowed to take certain LLM courses as their law electives but subject to meet certain requirements (please see LLB course selection guidelines).]
1.2 Course description
The object of the course is to study the foundations of Chinese Law and Custom as received and developed in the jurisdiction of the HKSAR in the context of legal pluralism. This course explores its nature, features, scope and to examine its interaction with the common law system, and to consider its position in modern society. An outline of the course:
Classical Chinese Thought and Institutions: Continuity and Change
Evolution of early Chinese law; jurisprudential debates surrounding these developments; features of Chinese legal system and culture during the Qing dynasty (1644-1911); developments during the late 19th and early 20th centuries; efforts at reform; recognition of Chinese law and custom in common law jurisdictions of east and southeast Asia, especially Hong Kong.
Customary Law within a Common Law System
Reception of customary law into Hong Kong: pre-cessional law, New Territories Ordinance, Marriage Reform Ordinance, and the Basic Law; tensions between Chinese customary law and custom in a common law system: limits upon customary law; living customary law; traditional rights and interests of indigenous inhabitants under BL Art 40.
Law, Society and Customary Norms
Legal Pluralism in colonial context, rural community in the New Territories the family: marriage, concubinage, adoption, protection of minors, wills, inheritance and succession; communal lands; ancestral estates: t’so and family t’ong; gender equality; access to justice; religious, educational and charitable endowments; community institutions; commercial bodies; customary landholding; small houses and the customary right to build.
1.3 Course teachers
| Name | E-mail address | Office | Consultation | |
| Course convenor | Max Wong | TBC | N/A | By email |
| Course convenor | Eric Ip | ericcip@hku.hk | CCT 705 | By email |
1.4 Course outline (for elective course)
| Please click the link here for the course outline (HKU Portal login required). |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1 Understand, describe and explain the nature of ‘Chinese legal culture’ (especially as informed by insights drawn from comparative legal studies), important aspects of the historical development of Chinese law, and key features of the recognition and application of Chinese law and custom in common law jurisdictions.
CLO 2 Understand and articulate the history and place of Chinese Law and Custom in Hong Kong.
CLO 3 Reflect upon and analyse rigorously and objectively issues of Chinese Law and Custom and apply that knowledge to relevant cases in Hong Kong.
CLO 4 Enhance and apply research, writing, critical thinking and oral presentation skills and develop capacity for professional discussion and presentation.
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 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Assessment(s)
3.1 Assessment Summary
| Assessment task | Weighting | Feedback method* | Course learning outcomes |
| Class participation | 10% | 1, 2, 3, 4 | |
| Research essay proposal | 10% | 1, 2, 3, 4 | |
| Final essay | 80% | 1, 2, 3, 4 |
| *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 the course convenor(s). See also Course Outline above.
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/