LLAW3102 Evidence I

1.1 Course details

Course code: LLAW3102
Course name: Evidence I
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 course covers the major topics typically included in an introductory evidence course: relevance, admissibility, residual discretion, burden and standards of proof, proof without evidence (presumptions, judicial notice and formal admissions), competence and compellability, refreshing memory, attacking credibility, prior statements, character evidence, similar fact evidence, opinion and expert evidence, hearsay, confessions, consciousness of guilt, exclusion of evidence for violations of human rights, and legal professional privilege.

The emphasis in this course is on rules of admissibility as opposed to trial procedure. However, a full understanding of these rules and their rationale requires a basic appreciation of trial procedures and practices. Consequently, students are advised to gain some knowledge of trial procedures early on in the course.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor / tutor Jacky Yeung yeungjck@hku.hk CCT 814 By appointment / email
Course tutor (first & second semester) Anthony Lai anthonylai@queenswaychambers.com N/A By email
Course tutor (first semester) Ted Chan tchan@dcc.law N/A By email
Course tutor (first semester) Edward Ng edng@connect.hku.hk N/A By email
Course tutor (first semester) Kelly Shum kellyshum@siroswald.com N/A By email

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Describe and discuss the legal doctrines governing the admissibility and exclusion of evidence in Hong Kong civil and criminal proceedings.

CLO 2 Discuss the underlying principles, policies and justifications of having the evidentiary rules.

CLO 3 Apply the legal doctrines governing the admissibility and exclusion of evidence to a given fact situation, paying particular attention to developing overt arguments explaining the relevance (or irrelevance) of specific items of evidence to specific issues, as well as matters of weight.

CLO 4 Explain how the trial judge should instruct the jury in the use of admissible evidence generally and in a given fact situation.

CLO 5 Identify, explain and apply the ratio decidendi of judicial decision and/or statutory provisions related to the law of evidence.

CLO 6 Write well-reasoned legal advice, citing appropriate cases and/or statutory provisions, to advise hypothetical clients with their legal problems in a given fact situation.

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

CLO 3  ✓
CLO 4  ✓
CLO 5  ✓
CLO 6  ✓

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Tutorial participation N/A 0% or 20%  1, 5 1, 2, 3, 4, 5, 6
Online take home exam or in-hall exam 1st sem (take home exam): 15 Dec 2020 100% or 80%  1, 3 1, 2, 3, 4, 5, 6
  *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

Lecture: 2 hours / week for 12 teaching weeks
Tutorial: 1 hour / week for 12 teaching weeks
Private study time: 9.5 hour / week for 12 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

The Tutorial Participation assessment is in place to incentivise students:- (i) to keep up with the teaching progress of the course throughout the semester; (ii) to familiarize themselves with the essential issues and applicable cases/legislation in each of the individual topics of the course; (iii) to assist students’ with the self-identification of their own strengths and/or weaknesses when answering tutorial questions; (iv) to facilitate academic discussions among students within individual tutorial groups and/or (if necessary) further discussions among students and teachers in lectures and tutorials.

The final assessment assesses whether students have achieved the learning outcome for the course as a whole. Compulsory questions of the examination shall test students’ fundamental knowledge of various topics of the course, whereas optional questions (if available) shall test students’ in-depth knowledge of selected individual topics.

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: S. Young, Hong Kong Evidence Casebook (Hong Kong: Sweet & Maxwell Asia, 2004).
Other materials cited in the teaching materials (Subject to further changes):
  • A. le Roux-Kemp, Hong Kong Law of Evidence (Hong Kong: Wolters Kluwer, 2020).
  • M. McConville, D.M.A. Hubbard and A. McInnis, Hong Kong Law of Evidence (Hong Kong: Blue Dragon Asia, 2014), 2nd edn.
  • A. Bruce and G.McCoy, Criminal Evidence in Hong Kong (Hong Kong: LexisNexis), 3rd edn, Looseleaf.
  • K. Bokhary, S. Young and I. Cross, (eds), Archbold Hong Kong : Criminal law, pleadings, evidence and practice, 2019 (Hong Kong: Sweet & Maxwell, 2018).
  • The Annotated Ordinances of Hong Kong (Hong Kong: LexisNexis).
  • Selected articles of the Hong Kong Law Journal
  • Selected publications from the Law Reform Commission of Hong Kong and the Legislative Council of Hong Kong
  • R. Glover, Murphy on Evidence (Oxford: Oxford University Press, 2017), 15th edn^
  • A. Keane and P. McKeown, The Modern Law of Evidence (Oxford: Oxford University Press, 2018) 12th edn^
  • R. Munday, Cross and Tapper on Evidence (Oxford: Oxford University Press, 2018), 13th edn^
  • H.M. Malek (ed), Phipson on Evidence, (London: Sweet & Maxwell, 2018), 19th edn^
  • I.H. Dennis, The Law of Evidence, (London: Sweet & Maxwell, 2017), 6th edn^

^These are materials of foreign jurisdiction(s). The law of evidence in the foreign jurisdictions can be substantially different from that of Hong Kong. Students relying on these textbooks should not assume all contents are applicable to Hong Kong.

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.