LLAW6139 China information technology and electronic commerce law

1.1 Course details

Course code: LLAW6139 / JDOC6139
Course name: China Information Technology and Electronic Commerce Law
Programme offered under: LLM Programme / JD Programme
Semester: Second
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits

1.2 Course description

This course examines the key laws and regulations concerning the internet, information technology and related electronic commerce businesses in Mainland China. It intends to provide a wide-angle view of the regulatory regime for the IT and internet industry in Mainland China, in particular as to how such regulatory regime may have any practical impact upon the development of the IT industry in Mainland China. Where appropriate, we will endeavour to compare the regulatory regime in Mainland China with that of other jurisdictions, and to examine the impact of the Chinese internet and IT regulations on cross-border transactions of IT products and services.

Topics to be covered in the classes would tentatively include:

  • Introduction to the Chinese IT Industry and the Chinese IT Regulatory Framework
  • The Cybersecurity Law, National Security, Anti-Terrorism Measures relating to Online and Technology Businesses
  • Electronic Commerce Law, Liabilities of Network Service Providers, and Consumer Protection Issues
  • National and Industrial Standards for the PRC Information Technology Industry
  • Online Dispute Resolution
  • Domain Name Disputes and Cybersquatting in China
  • Big Data and Cloud Computing, Privacy Protection and Real Name Registration
  • Anti-Monopoly and Anti-Unfair Competition Issues relating to Online Businesses
  • Financial Technology Regulation
  • Internet Censorship and the Online Advertising, Publishing and the Media Regulatory Issues
  • Electronic Contracts and The Electronic Signatures Law
  • Cross Border Data Transfer and Cross Border Electronic Commerce Issues

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Philip Kwok kwokp@hku.hk N/A By email

 

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Understand the general regulatory framework for information technology and internet related businesses in China;

CLO 2 Understand the different types of online dispute resolution mechanisms in China and the related issues;

CLO 3 Identify major regulations dealing with free flow of information in China, in particular the laws and regulations relating to cybersecurity;

CLO 4 Understand the development of China’s legal regime for privacy protection;

CLO 5 Understand and evaluate the regulatory regime for financial technology in China.

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
Class participation N/A 10% 5 1, 2, 3, 4, 5
Group work/presentation TBC 30% 4, 5 1, 2, 3, 4, 5
Research paper TBC 60% 1, 2, 3 1, 2, 3, 4, 5
  *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: 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.

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: Since the laws and regulations governing the PRC internet and information technology industry are rapidly changing, there can be no comprehensive textbook for the course, and students are encouraged to achieve an in-depth understanding of the current developments of PRC information technology law through wide reading of updated news, legislations, policy documents, book chapters and journal articles. Necessary duplicated materials will be uploaded to Moodle during the course. Students are encouraged to carry out their own research and critical thinking to achieve in-depth understanding of relevant laws and latest developments of Internet regulations in China.
Recommended reading list:

Students may find the following books helpful for this course, electronic copies of which will be available on Moodle:

  • Yimeei Guo (ed.), Research on Selected China’s Legal Issues of E-Business (Springer,
    2015)
  • Jacques deLisle et al., The Internet, Social Media, and a Changing China (University of
    Pennsylvania Press, 2016)

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.