LLAW6024 & JDOC6024

General Course Information

1.1 Course details

Course code: LLAW6024 / JDOC6024
Course name: Banking Law
Programme offered under: LLM Programme / JD Programme
Semester: Second
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits

1.2 Course description

This course aims to provide students with a general knowledge of banking business, international regulatory frameworks, and the common law and legal issues pertinent to the banking industry in Hong Kong. Students will be introduced to banking law from an historical and international perspective, the evolution of banking business, and the role of the Basel Committee on Banking Supervision and the Financial Stability Board in developing the current international banking standards. The course elucidates why banks are susceptible to failure and how regulators maintain financial stability when a bank is failing. A major emphasis of the course is substantive law – the ordinances, common law and equitable rules applicable to bankers, bank customers, bank accounts, secured lending, and payment instruments and systems. Contemporary issues will cover how financial and regulatory technologies (FinTech and RegTech) are reshaping banks, banking business, banking laws and regulations. Moreover, the course examines the regulation of sustainable banking in Hong Kong with a focus on financial inclusion and the impact of climate change.

Students are expected to be competent in the common law of contract, commercial law and equity and trusts. A financial and / or legal background is not a perquisite for this course. Students who are unfamiliar with substantive law will need to devote additional study and time to understand the relevant applications of the common law.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Evan Gibson egibson8@hku.hk CCT 801 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Have an understanding of the international standard setters and regulation of global banking markets, especially in major financial centres such as Hong Kong.

CLO 2 Understand the role of law and regulation in the business of banking.

CLO 3 Be able to understand and analyse the major financial stability risks in banking and the appropriate regulatory responses.

CLO 4 Be able to critically discuss the common law legal issues pertinent to banking in Hong Kong. 

CLO 5 Be familiar with the technological and sustainable financial regulatory reforms in international banking and how these are applied in Hong Kong.

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
CLO 4
CLO 5

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation N/A 20% 1, 2, 3, 4, 5
Take home exam TBC 80% 1, 2, 3, 4, 5
*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.

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: There is no single required text for the course. Instead, distributed materials will be made available via Moodle each week. Note that hard copies will not be distributed.
Core reading list: Not applicable
Recommended reading list: TBA

5.2 Links

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