General Course Information
1.1 Course details
| Course code: | LLAW6087 / JDOC6087 |
| Course name: | Current Issues in Insolvency 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
This course covers major current issues in corporate insolvency law in Hong Kong. The introductory part of the course will look at the insolvency regulatory regime in Hong Kong as well as theories and policy objectives of insolvency law. The main part of the course examines major issues, doctrines and principles in insolvency law in Hong Kong under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) and applicable case law, drawing on both local and overseas (mainly English) case authorities. A major focus of the course is on company liquidations (winding up) – both compulsory and voluntary winding up), dealing with topics including the winding-up procedure, avoidance of transactions in insolvency, ranking of claims and the pari passu principle. The course also examines receivership, as well as mechanisms for rescuing companies in financial distress. The latter includes informal work-outs, creditors’ schemes of arrangement and reform proposals for a new statutory corporate procedure (provisional supervision). Finally, the course examines current issues in cross-border insolvency law in Hong Kong. In recent decades, insolvency law and regulation has been the subject of much reform in Hong Kong, but the reform process is not complete (particular in relation to corporate rescue and cross-border insolvency). Reform possibilities in Hong Kong will be evaluated with reference to developments in some other major common law jurisdictions.
1.3 Course teachers
| Name | E-mail address | Office | Consultation | |
| Course convenor | Stefan Lo | stefanlo@hku.hk | CCT 301A | By email |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1 Students should acquire basic knowledge about Hong Kong corporate insolvency law and awareness of current issues and controversies in corporate insolvency law.
CLO 2 Students should acquire legal skills to solve legal problems in corporate insolvency law by analysing cases, applying skills in statutory interpretation, and marshalling arguments clearly, logically, coherently and effectively, both orally and in writing.
CLO 3 Students should develop and enhance their research and analytical skills, together with skills in critical analysis, in analysing and evaluating corporate insolvency law principles and doctrines in light of both doctrinal coherence and the theory and policy objectives of the law.
CLO 4 Students should develop an awareness of the significance and implications of corporate insolvency law on commercial activity and the wider economy, as well as how corporate insolvency law and facilitation of corporate rescue impact on and seek to balance competing interests of shareholders, creditors, managers, employees, customers and society in general.
2.2 LLM Programme Learning Outcomes (PLOs)
Please refer to the following link: https://course.law.hku.hk/llm-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 |
| Research essary | 50% | 1, 2, 3 | 1, 2, 3, 4 |
| Take home exam | 50% | 1, 3 | 1, 2, 3, 4 |
*Students are required to pass the exam to be eligible to pass the course.
| *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 confirmed by 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 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(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/