LLAW6024 Banking law

1.1 Course details

Course code: LLAW6024 / JDOC6024
Course name: Banking Law
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: Contract and Equity
Credit point value: 9 credits / 6 credits

1.2 Course description

This course is intended to provide an introduction to the major issues in banking law in Hong Kong. It is concerned:

  • with the law governing the nature of the contract (and its termination) of the banker-customer relationship;
  • traditional forms of lending;
  • legal issues arising in relation to special types of accounts such as joint accounts, trust accounts, accounts for professionals and various types of business associations;
  • banker’s duties including confidentiality and the duty of care;
  • the possible fiduciary duty of a bank;
  • the bank as a financial adviser;
  • lending and investment services, including securities and guarantees/indemnities;
  • the role of the bank in documentary credits, and the autonomy of these documents, and suggestions of implied good faith associated with payment;
  • banker's rights including appropriation of payment, the lien and set-off;
  • bills of exchange;
  • newer developments including shadow banking, Islamic finance, charge-backs, non-performing loans, payday loans, and others.

 Students who enrol in this course are expected to be familiar with the common law of contract and trust.

 

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Judith Sihombing sihomb@netvigator.com N/A By email

 

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Explain the fundamental legal issues related to the banker-customer relationship and contract, including the respective rights, duties and liabilities of the bank, the customer and third parties implicated in the relationship such as sureties, in relation to various types of banking transactions, instruments and bank accounts;

CLO 2 Demonstrate basic knowledge of the law relating to negotiable instruments and banker’s security ;

CLO 3 Understand the law governing autonomous payment instruments frequently used in credit transactions; and

CLO 4 Apply the principles of law to practical situations arising in the day-to-day banking world.

2.2 LLM Programme Learning Outcomes (PLOs)

PLO A On successful completion of the curriculum, students should be able to demonstrate a solid understanding of the body of legal knowledge and the capacity to conduct research on, critically analyse and evaluate legal principles, at a level required to meet the standards and expectations of the legal profession and the community at large.

PLO B On successful completion of the curriculum, students should be able to apply their legal knowledge and research skills to practical situations or theoretical challenges, and utilise their comparative understanding of the law and its political, social and cultural contexts to provide original and creative insights to legal problems.

PLO C On successful completion of the curriculum, students should be able to apply the knowledge, lawyering skills and legal reasoning to real and novel situations in life, with a view to resolving issues, problems and disputes within the legal parameters.

PLO D On successful completion of the curriculum, students should be able to demonstrate the 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 E On successful completion of the curriculum, students should be able to appreciate the underlying moral values of the law and ethics in the profession 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 F On successful completion of the curriculum, students should be able to develop a strong awareness of social issues and conditions, and utilise analytical abilities and rhetorical advocacy to provide leadership 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

 

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation N/A 20% 1, 2, 3, 4
Final exam 14 Dec 2020 80% 1 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 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).

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/

 

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