LLAW6144 & JDOC6144

General Course Information

1.1 Course details

Course code: LLAW6144 / JDOC6144
Course name: Rights and Remedies in the Criminal Process
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 examines how courts have interpreted, applied and enforced human rights provisions in the context of the criminal pre-trial process.  It also considers the range of judicial remedies for breaches of such rights.  Examples are taken mostly from common law countries with constitutionally protected human rights norms, such as Hong Kong, Canada and the United States.  Reference is also made to the jurisprudence of the European Convention for the Protection of Human Rights and Fundamental Freedoms in domestic and international courts.  Discussions are directed to how this comparative jurisprudence has contributed (or may contribute) to the development of constitutional and human rights law in Hong Kong.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Simon Young snmyoung@hku.hk TBA By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Compare and explain different approaches that courts in selected common law jurisdiction have taken to the interpretation and application of pre-trial rights and remedies in the criminal process.

CLO 2 Describe and analyze the developing jurisprudence on constitutional remedies in Hong Kong.

CLO 3 Lead a discussion of a current rights and remedies issue in Hong Kong.

CLO 4 Discuss and apply jurisprudential principles governing pre-trial rights and remedies to a fact problem based in Hong Kong.

CLO 5 (Where the research paper assessment option is selected) research and write a lengthy legal research paper with proper footnote citations on an important topic concerning rights and remedies in the criminal process.

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 15% 1, 2, 3, 4, 5
Research paper OR take home exam TBC 85% 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 the 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 hour-seminar in an intensive mode
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 the convenor.

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/