LLAW3099 Criminal procedure

1.1 Course details

Course code: LLAW3099
Course name: Criminal Procedure
Programme offered under: LLB Programme
Semester: First and Second
Designated research course: Not applicable
Specialization: Not applicable
Prerequisites / Co-requisites: Criminal Law I & II
Course offered to non-law students: No
Credit point value 6 credits

1.2 Course description

The goal of this introductory course is to equip undergraduate law students with the basic legal knowledge of criminal procedure in Hong Kong. Topics covered in this course include:

  • Introduction to criminal justice system;
  • Rights of arrested persons/defendants;
  • Selected topics about powers of law enforcement agencies;
  • Criminal jurisdiction of courts in Hong Kong;
  • Classification of criminal offences;
  • Transfers and Committals;
  • Commencement of criminal proceedings;
  • Selected topics about pre-trial and trial processes;
  • Sentencing principles and options;
  • Costs in criminal cases; and
  • Appeal mechanisms for criminal proceedings.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Jacky Yeung yeungjck@hku.hk CCT 814 By appointment / email

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Understand the role of criminal procedure in the criminal justice system in Hong Kong.

CLO 2 Understand and be able to explain the way in which a matter progresses through the criminal court(s) in Hong Kong.

CLO 3 Be familiar with the major statutory provisions related to criminal procedure.

CLO 4 Understand various stages of a criminal trial.

CLO 5 Be able to evaluate the current criminal procedural law in Hong Kong.

2.2 LLB Programme Learning Outcomes (PLOs)

PLO A Demonstrate a solid understanding of the body of legal knowledge and the capacity to critically analyse and evaluate legal principles and arguments, at a level required to meet the standards and expectations of the legal profession and the community at large.

PLO B Apply the knowledge, lawyering skills and legal reasoning to real situations in life, with a view to resolving issues, problems and disputes within the legal parameters.

PLO C Appreciate the underlying values of the law and the legal system in the broad social, economic, political and cultural contexts: justice, the Rule of Law, and protection of rights and liberties which form the fabrics of a civilised society, and the importance of upholding these values by the legal community.

PLO D Appreciation of the differences in laws and legal systems among different political, social and cultural environments, and develop a comparative understanding of the different legal systems, legal ethos and legal cultures among the various jurisdictions.

PLO E Ability to present effectively legal arguments in the professional context, as well as conveying and explaining the law effectively to lay clients and members of the larger community

PLO F Strong awareness of social issues and conditions, and utilise analytical abilities and rhetorical advocacy for the betterment of the human community.

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

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Final exam 1st sem (take home exam): 19 Dec 2020 100% 1, 3 1, 2, 3, 4
  *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).

3.3 Grading Criteria

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

 

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 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 facilitate students’ preparation for the in-hall exam,  exercises will be given to students and there will be in-class discussions to help students evaluate their understanding of the issues concerned. Question-and-answer sessions will also be held in-class or online (through the Moodle learning platform) to address questions raised by students.

For the group research project, students are encouraged to approach the course convenor throughout the semester to discuss the progress of the project and to seek further guidance for the research direction. Further details will be announced in the first seminar of the course.

Subject to the availability and response from students and the Correctional Services Department, an optional visits to correctional facilities may be held to enhance students’ understanding about correctional facilities and services in Hong Kong. Details of the optional visit will be announced further in the first few seminars of the course.

5.1 Resources

Prescribed (compulsory) reading materials: There is no compulsory textbook for this course. Other prescribed reading materials (e.g. Lecture outlines/slides, cases and legislation) shall be posted on Moodle.
Suggested (non-compulsory) reading materials:
  • A. le Roux-Kemp, Hong Kong Criminal Procedure (Hong Kong: Wolters Kluwer, 2019) (Student's edition).
  • C. Liu, Criminal Procedure in Hong Kong (Hong Kong: Sweet & Maxwell, 2018) (Student's edition).
  • A. Whitfort, Criminal Procedure in Hong Kong – A Guide for Students and Practitioners (Hong Kong: LexisNexis, 2012), 3rd edn (Student's edition) (forthcoming.
Other materials cited in the teaching materials (Subject to further changes):
  • M.S. Gaylord, D. Gittings and H. Traver (eds), Introduction to Crime, Law and Justice in Hong Kong (Hong Kong: Hong Kong University Press, 2009).
  • K. Bokhary, S. Young and I. Cross, (eds), Archbold Hong Kong : Criminal law, pleadings, evidence and practice, 2020 (Hong Kong: Sweet & Maxwell, 2019).
  • C. Knight and A. Upham, Criminal Litigation in Hong Kong (Hong Kong: Sweet & Maxwell, 2011), 3rd edn.
  • A. Bruce, Criminal Procedure: Trial on Indictment (Hong Kong: LexisNexis), Looseleaf.
  • The Annotated Ordinances of Hong Kong (Hong Kong: LexisNexis).

5.2 Links

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

By the publication of the course profile online, the Faculty deems the student as having been notified of the course requirements.