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/