LLAW6102 Legal aspects of white collar crime

1.1 Course details

Course code: LLAW6102 / JDOC6102
Course name: Legal Aspects of White Collar Crime
Programme offered under: LLM Programme / JD Programme
Semester: Second
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits
Cap on student numbers: 30 [priority to LLM(CR)  students]

1.2 Course description

White collar crimes are often defined as non-violent offences that are committed for financial gain. They are characterised by, among other things, deceit, concealment, and violation of trust. Every organisation can be potentially exposed to different types of white collar crimes, though its level of exposure to such issues, be it in scale and complexity, may vary depending on its nature and size. White collar crimes not only reflect a social problem, but they can sometimes create an issue of such magnitude that can ultimately bring an organisation to its knees once they strike its very core.

While the focus of this course will predominantly be on the legal/regulatory aspects of white collar crimes, part of the discussion will include examining the ways to how an organisation can prevent this types of issues in practice and manage them in the event of occurrence.

This course is divided in three main parts. The first part provides an overview of the different types of white collar crimes. A selection of such crimes will be examined in greater detail, taking into account the legal offences and defences.1 Emerging white collar crime issues will also be discussed in this part. The second part covers the investigation and law enforcement aspects of white collar crime. The third part examines ways to prevent and manage white collar crime risk from within, highlighting in particular the role of compliance management, whistle-blowing and internal monitoring/investigation.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor John Lee johncmlee@hku.hk N/A By email
Course convenor Henry Yu letpen@hku.hk N/A By email

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Definition and conceptualisation of white collar crimes.

CLO 2 Different types of white collar crimes and corresponding legal elements/issues and enforcement aspects.

CLO 3 Common risk exposure that an organisation faces with regards to white collar crimes.

CLO 4 Practical strategies and measures to mitigate white collar crime risk within an organisation.

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
Research synopsis TBC 15% 1, 2, 3, 4
Research paper TBC 85% 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 intensive mode in May and June 2020
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

Briefly describe the types of learning activities that you expect students to engage in during this course.

  • Real life case studies – classroom discussion
  • Group assignment
  • Presentation on research

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list:
  • Melissa L Rorie, The Handbook of White-Collar Crime (Wiley Blackwell 2020)
  • Peter Gottschalk, The Convenience of White-Collar Crime in Business (Springer 2020)
  • Nic Ryder, White Collar Crime and Risk: Financial Crime, Corruption and the Financial Crisis (Palgrave MacMillan 2018)
  • Peter Gottschalk, Investigating White-Collar Crime: Evaluation of Fraud Examinations (Springer 2018)

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.