LLAW6084 Cross-border insolvency law

1.1 Course details

Course code: LLAW6084 /JDOC6084
Course name: Cross-Border Insolvency Law
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits
Cap on student numbers: 30

1.2 Course description

The course is aimed to provide students with a basic and clear understanding of the issues confronting financially distressed companies. To that end, the options available to insolvent companies, the intricacies of corporate restructuring and insolvency, and the various elemental aspects of the reorganisation and insolvency procedures will be explored and examined. Relevant and highly pragmatic issues such as forensic accounting, cross‐border and transnational insolvencies will also be introduced to students who are interested in choosing a professional career as private insolvency practitioners.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Emily Lee eleelaw@hku.hk CCT 613 By email

2.1 Course Learning Outcomes (CLOs) for this course

Students who successfully complete Cross-border Insolvency Law should have achieved the following learning outcomes:

CLO 1 Be familiar with and be able to apply the basic knowledge and common law principles for

(a) moratorium;
(b) set-offs;
(c) priority claims
(d) pari passu

CLO 2 Be able to apply domestic and international law/rules for identifying and settling issues regarding

(e) transnational and cross-border insolvencies

CLO 3 Be able to understand

(f) the differences between the US and UK models for bankruptcy reorganisation;
the former being debtor in possession (DIP) and the latter, administration replacement

CLO 4 Be able to appreciate the significant use of

(g) forensic accounting in finding out whether the company’s insolvency was caused by fraud

CLO 5 Be able to understand and comment on the key issues set out in the legislative proposal for corporate rescue in Hong Kong

CLO 6 Be able to identify the key issues in China’s Enterprise Bankruptcy Law as well as its (lack of) full implementation

CLO 7 Be familiar with the Official Receiver’s Contracting-out Schemes

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  ✓
CLO 5  ✓

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
In-class group presentation 13 Nov 2020 15% 1, 2, 3, 4, 5, 6, 7
Group research project 27 Nov 2020 15% 1, 2, 3, 4, 5, 6, 7
Take home exam 14 Dec 2020 70% 1, 2, 3, 4, 5, 6, 7
  *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 convenor.

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 hour(s) / week for 12 teaching weeks
Private study time: 9.5 hour(s) / 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.