General Course Information
1.1 Course details
Course code: | LLAW6024 / JDOC6024 |
Course name: | Banking Law |
Programme offered under: | LLM Programme / JD Programme |
Semester: | First |
Prerequisites / Co-requisites: | No |
Credit point value: | 9 credits / 6 credits |
1.2 Course description
Combining theory with practice, this course focuses on the laws, regulations and policies that affect the banking industry, as well as the key legal documents used in banking transactions.
Beginning with an introduction to the fundamental concepts of banks and their operations, we explore the evolution of global banking regulations, focusing on capital, liquidity and prudential requirements as well as resolution regimes for banks and other financial institutions.
Our journey then takes a closer look at Hong Kong’s legal and regulatory framework for banking and financial services, ensuring students are well-versed in both global and local banking laws and regulations.
Next, we delve into real-world banking transactions with an emphasis on legal documentation and drafting techniques. Through a detailed case study of syndicated loan agreements, students will gain hands-on experience in crafting and negotiating legal documents. This practical approach continues as we look at other topics such as security interests, guarantees and derivatives.
As the global banking landscape continues to evolve, we consider contemporary issues such as digital assets, central bank digital currencies (“CBDCs”), tokenisation as well as Environmental, Social and Governance (“ESG”) issues in the banking sector. In the wake of the 2023 banking turmoil, we also explore the role of bank deposits and deposit insurance in the financial system.
By the end of this course, students will not only understand the key legal and regulatory principles in the field of banking, but will also acquire practical skills in analysing, drafting and negotiating key agreements used in banking transactions. These analytical and practical skills are highly transferrable to other areas of law.
1.3 Course teachers
Name | E-mail address | Office | Consultation | |
Course convenor | Andrew Fei | Andrew.Fei@hk.kwm.com | N/A | By email |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1 Have a sound understanding of the roles and functions of banks within the global and local financial systems.
CLO 2 Grasp key legal and regulatory principles and appreciate how they can be applied in practice to mitigate some of the risks associated with the business of banking.
CLO 3 Be familiar with the structure and features of loan agreements, security agreements, guarantees, derivatives master agreements and other legal agreements used to document banking transactions.
2.2 LLM and JD Programme Learning Outcomes (PLOs)
Please refer to the following link:
LLM – https://course.law.hku.hk/llm-plo/
JD – 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 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Assessment(s)
3.1 Assessment Summary
Assessment task | Due date | Weighting | Feedback method* | Course learning outcomes |
Class participation (it is graded on Pass / Fail basis) | N/A | 20% | 1, 2, 3 | |
Take home exam | TBC | 80% | 1 | 1, 2, 3 |
*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
The take-home exam will be graded based on quality of legal analyses, written expression and demonstrated familiarity with course materials / lectures / class presentations and subject-matter. If handed in late, your exam paper will be penalised at the rate of 5 points out of 100 per day and will not be accepted later than 7 calendar days after the deadline.
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 11 teaching weeks |
Private study time: | 9.5 hours / week for 11 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.
Learning Resources
5.1 Resources
Reading materials: |
|
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/