General Course Information
1.1 Course details
| Course code: | LLAW6291 / JDOC6291 |
| Course name: | Mental Disability and the Law |
| Programme offered under: | LLM Programme / JD Programme |
| Semester: | June |
| Prerequisites / Co-requisites: | No |
| Credit point value: | 9 credits / 6 credits |
1.2 Course description
This course deals with the relationship between mental disability and the law, examining various aspects of how the law deals with those with mental disability in both the civil and criminal context. The course also addresses the key ethical principles underlying mental health law, as well as the international human rights instruments (such as the UN Convention on the Rights of Persons with Disabilities) that have had or should have an impact on the development of mental health law.
The syllabus covers a range of topics in mental health law and ethics. Students will begin by learning about mental disability, legislative frameworks that govern mental health, and issues in mental health ethics. The course will then cover various topics in civil mental health law, including compulsory detention and treatment in hospital, conditional discharge, social care detention and topics in mental capacity law, including how capacity is assessed and how best interest determinations are made on behalf of those without capacity. We will then explore issues in criminal mental health law, including police powers and criminal defences. The course will end by exploring issues in mental health advocacy and the user perspective.
Throughout the classes, students will apply the ethical concepts they have learned to the various areas of criminal and civil law which take a different approach to those with mental disability, and develop the skills to critically examine the strengths and weaknesses in these areas. In particular, students will consider whether the law should have a different approach towards those with mental disability, and why. Students will also consider the extent to which Hong Kong’s mental health law regimes are compliant with Hong Kong’s international commitments, and where they are not, whether reforms are necessary and the direction any such reforms should take. Students will examine ethical, legal and policy dimensions in their exploration of the possibilities for reform.
1.3 Course teachers
| Name | E-mail address | Office | Consultation | |
| Course convenor | Daisy Cheung | TBA | TBA | By email |
1.4 Course outline (for elective course)
| Please click the link here for the course outline (HKU Portal login required). |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1 Understanding of the key features of both civil and criminal aspects of mental health and capacity law regimes in Hong Kong and England and Wales.
CLO 2 Ability to critically analyse challenges that arise in relation to these regimes, with reference to key ethical principles.
CLO 3 Understanding of Hong Kong’s international commitments and how these obligations may impact on these regimes.
CLO 4 The development of their own views about whether these regimes should be reformed, and if so, how.
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 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Assessment(s)
3.1 Assessment Summary
| Assessment task | Weighting | Feedback method* | Course learning outcomes |
| Class participation | 30% | 5 | 1, 2, 3, 4 |
| Take home exam | 70% | 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
To be advised by course convenor(s). See also Course Outline above.
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 10 teaching weeks |
| Private study time: | 9.5 hours / week for 10 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: | No textbooks are assigned for this course, but if you wish to refer to a textbook, you may refer to Mental Health Law: Policy and Practice (4th Edition) by Peter Bartlett and Ralph Sandland (though note that it is not up to date). Various primary and secondary sources will be recommended for reading and further reading throughout the course. |
5.2 Links
Please refer to the following link: http://www.law.hku.hk/course/learning-resources/