| Comparative Study of Business Law (1) |
|
 |
| Introduction |  |
Welcome to LAW B855W Comparative Study of Business Law (1), one of the compulsory five-credit courses in the Master of Laws in Chinese Business Law (LLM (Chinese Business Law)) programme. It will take one semester to complete this course. Upon completion of the course, you may take LAW B856W Comparative Study of Business Law (2), which, together with this course, will help you explore how a comparative study of business law can broaden your horizons and strengthen your knowledge of Chinese business law.
Purpose of this Course Guide
The Course Guide tells you briefly about the course content and suggests ways for you to work your way through the material. It also provides some guidelines as to the amount of time you are likely to spend on each unit in order to complete the course successfully.
If you have taken any other Open University of Hong Kong course, you might be aware of the study skills required for distance learning, and you have probably developed your own method of study. Even so, you should read this Course Guide thoroughly before proceeding to look at the study units. Some of the content will be familiar to you, but much of the information is specific to LAW B855W Comparative Study of Business Law (1). Please take the time to read it.
| Overview of this course | |
The primary objective of this course is to broaden your knowledge of PRC business law by comparing it with the law in other jurisdictions. The common law system is selected as the main target for comparison because Hong Kong, now a part of China, is a common law jurisdiction. The course aims to contrast and evaluate the different approaches to legal problems in different systems of private law, particularly the legal system in the PRC and the common law systems (mainly the laws of England, Australia, Canada and Hong Kong). In some topics, continental European law will be discussed and brought in for comparison.
This is a five-credit course, which focuses on various aspects of business law, including legal systems, contract law, international trade and sale of goods, tort law and company law. Every unit reviews the course from the perspective of business practice in order to equip you with the ability to apply the law in your commercial practices.
Mode of learning
This is an e-learning programme. Students obtain all interactive study materials online. You may exchange views with tutors and fellow students via the Internet, or read others' discussions using the online discussion forum. Lectures on specific topics will be delivered via real-time teleconferencing facilities.
Course aims
The main aim of this course is to compare the business laws in different jurisdictions. This is a programme on business applications. It will provide a model of comparative law in action, contrasting the different approaches to solve legal issues arising in the business context, rather than comparing each and every legal rule in different legal systems. Upon completing this course, you will have a more thorough view of Chinese business law, and understand the trends of law reform in the light of China's accession to the WTO. Through this course, you will gain a good grasp of the comparative study of business law. You will be able to apply the principles of the laws to real-life cases upon completion of this course.
| Course objectives | |
On completing this course, you should be able to:
Analyse the legal system in mainland China and compare it with the systems in other countries, particularly common law jurisdictions.
Examine and compare the contract laws in mainland China and common law jurisdictions.
Discuss international trade and sale of goods law, and compare it with the trade and sale of goods law in mainland China and in common law jurisdictions.
Illustrate the differences between the tort law in mainland China and tort in common law.
Discuss the basic concepts of company law in mainland China and identify the ways in which it differs from company law in England and Hong Kong.
| Course materials | |
Since LAW B855W is an online course, all the study units and most of the supplementary readings will be provided in the Online Learning Environment (OLE). You are required to have access to the Internet through a personal computer equipped with a webcam to take part in the e-learning activities.
Online study units
There are five study units in LAW B855W Comparative Study of Business Law (I). Each unit consists of approximately four weeks' worth of part-time work. The study units summarize key issues, explain the relevant theories and practices, and comment on related readings and case studies. Each unit contains self-tests and activities to reinforce your assimilation of the issues under discussion. The following table gives you an overview of the study units and each key topic, the time taken to complete each unit, and the assignments that assess the units.
Units
Topics
Weeks
Assignments
Real Time Lectures and Tutorials
1
Comparative study of legal systems
2
1
2
Comparative study of contract law
2
1
3
Comparative study of international trade
2
TMA 1
1
4
Comparative study of tort law
1
1
5
Comparative study of company law
3
TMA 2
1
Total
10
2
5
In addition to the online study units, you will be expected to make use of other materials from time to time as stipulated below.
Printed materials
Although you will not be provided with printed copies of the Course Guide and the five study units, you will be provided with pdf versions of the study units if you prefer a printable option.
Supplementary readings
As this is a purely online course, there is no set textbook for LAW B855W.
Optional English-language textbooks
Students may often want to refer to the following reference books, which will help them in their study, although they are not compulsory. There has been an important and most welcome increase in publications on PRC law in the English language since China's accession to the WTO, but it has still failed to keep pace with China's rapid legal and economic development. Some of the following books provide an overview of the Chinese legal system, and are useful for students who are not familiar with it. Some of these books may not be sufficiently up-to-date for the purpose of this course. Students should refer to more in-depth material in leading law journals (see further below).
Atiyah, P S, Adams, J N and MacQueen, H L (2005) Sale of Goods, London: Longman.
Beale, H G (2004) Chitty on Contracts, 29th edn, London: Sweet & Maxwell.
Braithwaite, J and Drahos, P (2002) 'Globalisation of corporate regulation and corporate citizenship' in Macmillan, F (ed.) International Corporate Law Annual, vol. 2, Oxford: Hart Publishing.
Burrows, A (2002) Fusing Common Law and Equity: Remedies, Restitution and Reform, Hong Kong: Sweet & Maxwell Asia.
CCH China Laws for Foreign Business, CCH Asia Pte Limited (loose leaf, multi-volumes).
Chen, A H-Y (1998) An Introduction to the Legal System of the PRC, 2nd ed, Hong Kong: Butterworths.
Dugdale, A (ed.)(2005) Clerk & Lindsell on Torts, 19th edn, London: Sweet & Maxwell.
Geldart, W (1995) Introduction to English Law, 11th edn, New York: Oxford.
Halsbury's Laws of England, London: Butterworths.
Halsbury's Laws of Hong Kong, Hong Kong and London: Butterworths.
Hapgood, M (2006) Paget's Law of Banking, 13th edn, London: Butterworths.
Ho, B M (1998) Public Companies and their Equity Securities, Principles of Regulation under Hong Kong Law, Hague:Kluwer Law International.
Ho, L (2003) Trust Law in China, Hong Kong: Sweet & Maxwell Asia.
Hsu, C S (ed.) (2003) Understanding China's Legal System: Essays in Honour of Jerome A. Cohen, New York and London: New York University Press.
Low, C K (2002) Corporate Governance: An Asia-Pacific Critque, Hong Kong: Sweet & Maxwell Asia.
Lubman, S (ed.) (1996) China's Legal Reforms, Oxford: Clarendon Paperbacks, Oxford University Press.
Lubman, S (2002) Bird in a Cage: Legal Reform in China After Mao, Stanford, CA: Stanford University Press.
Murray, C, Holloway, D and Timson-Hunt, D (2007) Schmitthoff's Export Trade: The Law and Practice of International Trade, London: Sweet & Maxwell.
Palmer, V V (ed.)(2001) Mixed Jurisdictions Worldwide: The Third Legal Family, London: Cambridge.
Potter, P (2001) The Chinese Legal System: Globalisation and Local Legal Culture, London: Routedge.
Tudway, R (2002) 'The judicial paradox of the corporation' in Macmillan, F (ed.) International Corporate Law Annual, vol. 2,Oxford: Hart Publishing.
Wang, C G and Zhang, X C (ed.) (1997) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell (Asia).
Wang, G G and Mo, J (1999) Chinese Law, Kluwer Law International.
Wang, G G (2003), Wang's Business Law in China, 4th edn, Hong Kong: LexisNexis Butterworths.
Wilson, J (2007) Carriage of Goods by Sea, 6th edn, London: Longman.
Xin, Z (2006) International Trade Regulation in China: Law and Policy (Chinese Law after WTO Accession), Oxford: Hart Publishing.
Youngs, R (1998) English, French and German Comparative Law, London: Cavendish.
Zhang X C (ed.) (2001) Introduction to Chinese Law, Hong Kong & Singapore: Sweet & Maxwell Asia.
Zweigert, K and Kötz, H (1996) Einführung in die Rechtsvergleichung auf dem Gebiete des Privatrechts, 3rd edn, Tübingen: J.C.B. Mohr. Translated by Weir, T as An Introduction to Comparative Law, New York: Oxford, 1998.
English-language journals
You are encouraged to read from a range of relevant English-language journals such as the following:
Chinese Law and Government
Columbia Journal of Asian Law
China Law (www.npc.gov.cn/englishnpc/Law/Integrated_index.html)
Hong Kong Law Journal
China Law and Practice (published by Asia Law & Practice).
Chinese-language sources
Students who understand the Chinese language are encouraged to read from primary sources, e.g.:
Gazette of the National People's Congress Standing Committee
State Council Gazette
Supreme People's Court Gazette
Supreme People's Procuracy Gazette.
New legislation and other materials from primary sources are often reproduced by Fazhi ribao (法制日報) and Renmin ribao (人民日報).
Selected websites
Many websites contain useful materials. Among the most important sites are (some of them are in Chinese language only):
Official websites
Central People's Government of the People's Republic of China: http://www.gov.cn
People's Bank of China 中國人民銀行: http://www.pbc.gov.cn/
Supreme People's Court of PRC 中華人民共和國最高人民法: http://www.court.gov.cn/
Supreme People's Procuratorate of China 中華人民共和國最高人民檢察院: http://www.spp.gov.cn/
China International Economic and Trade Arbitration Commission: http://www.cietac.org.cn/
China Maritime Arbitration Commission: http://www.cmac.org.cn/
General Office National Committee, Chinese People's Political Consultative Conference: http://www.cppcc.gov.cn/
Xinhua News Agency: http://www.xinhua.org/
Legal Info 中國普法網: http://www.legalinfo.gov.cn/
Ministry of Commerce of the PRC: http://www.mofcom.gov.cn
Ministry of Commerce of the PRC-Department of WTO Affairs: http://sms.mofcom.gov.cn
Bureau of Fair Trade for Imports and Exports: http://gpj.mofcom.gov.cn
Bureau of Industry Injury Investigation: http://dcj.mofcom.gov.cn
State Administration of Foreign Exchange: http://www.safe.gov.cn
China Securities Regulatory Commission 中國證券監督管理委員會: http://www.csrc.gov.cn/pub/csrc_en/
National Digital Library of China 中國國家數字圖書館: http://www.plc.cn/
Other websites:
China Journal Net / 中國知網: Available in the OUHK e-library
China Law.net: http://www.ceilaw.com.cn/
Chinalawinfo.com 北大法律信息網: http://www.chinalawinfo.com
Isinolaw: https://webb-site.com/dbpub/officers.asp?p=13958
CLRS online: http://www.CLRSonline.com
Law-lib.com: http://www.law-lib.com
China Journal Net 中國知網: http://www.chinajournal.net.cn
China Judge 中國法官: http://www.china-judge.com
The Database of Laws and Regulations 中國人大網: http://www.npc.gov.cn/englishnpc/Law/Integrated_index.html
Tsing Hua University Library 清華大圖書館: http://innopac.lib.tsinghua.edu.cn/search*eng
CNKI Search 中國知網: http://www.cnki.net/
China Court: http://www.chinacourt.org/
Legal Daily 法制網: http://www.legaldaily.com.cn/
Sinolaw: http://www.lawinfochina.com/
China Law and Practice: http://www.chinalawandpractice.com/
Legal Resources: https://www.law.cam.ac.uk/legal-resources-0
Commercial information providers
Lexis-Nexis: http://www.lexis-nexis.com
Westlaw: http://www.westlaw.com
| Computer equipment requirements | |
To take e-learning courses, you should have the appropriate hardware, operating system and software. The following are the requirements:
Hardware and Operating System
You should have the following minimum configuration:
a personal computer with a 1GHz Intel® Pentium® 4 or faster processor (or equivalent),
1 GB of system memory or above,
broadband connection to internet and Port 1935 is not blocked,
Windows Vista, 7 or a newer version of the Microsoft Windows platform, or Mac – OS X 10.8, 10.9, 10.10 and
a printer connected to your computer for printing online course content.
Hardware Requirements for Real-time Online Lectures/Tutorials
Suggested configuration
CPU
Windows OS: 1.5GHz Intel® Pentium® 4 or faster processor (or equivalent)
Mac OS: 1.83-GHz Intel Core Duo or faster processor (or equivalent)Memory
1 GB or above
Multimedia peripherals
Earphone and microphone
USB webcam (required for courses with online oral presentations)Operating system
Windows 7 or later; Mac OS X 10.8, 10.9 or 10,10
Software configuration
You should have the following software configuration to support e-learning:
Internet browser: Mozilla Firefox/ Internet Explorer 10 or above/ Google Chrome. If you use an older version of a browser, parts of web pages may not be displayed normally. For Macintosh users, other browsers such as Mozilla Firefox / Google Chrome are recommended.
Some interactive activities require the plug-in for Adobe® Flash® Player 13 or above. If your browser does not have the plug-in, you will see a message indicating the URL where you can install it.
Anti-virus software
Computer viruses are a serious problem. In order to protect your computer, you are advised to install suitable anti-virus software. You should also periodically get the updates for your anti-virus software. The University has included a URL on Online Learning Environment (OLE) where free anti-virus software can be downloaded.
| Course assessment | |
The formal assessment for this course consists of tutor-marked assignments and an oral presentation. There is no final examination for this course.
Assessment summary
Assessment types
Marks
Assignments
80%
Oral presentation
20%
Total
100%
Students' final results in this course depend on their performance in both the continuous assessment (TMAs) and the oral presentation.
In order to pass the course, students need to pass both the continuous assessment and the oral presentation.
Continuous assessment
Continuous assessment accounts for 100% of the total marks for the course. It comprises two tutor-marked assignments (TMAs) and participation in the course oral presentation.
TMAs
Students are required to complete two tutor-marked assignments (TMAs) and submit them to their tutor for evaluation and grading. Each assignment will be marked out of 100 and will assess students' grasp of the materials covered in the respective units. The two assignments are required and each is weighted at 40% of the total marks for the course.
Oral presentation
Students are required to participate in an oral presentation at the end of the course. The oral presentation will be conducted online in front of the Course Coordinator. It tests students' understanding of the relevant key concepts/principles embodied in the course and their application in practice, on the basis of the two TMAs completed. The marks awarded for the presentation will count for 20% of the total marks for the course.
| Tutors and online support | |
Tutors
Your tutor will mark and comment on your assignments, keep a close watch on your progress, provide advice on any difficulties you might encounter, and generally assist you during the course.
You will be notified of the name and contact details of your tutor as soon as you are allocated to a tutorial group (shortly after the start of the course).
Do not hesitate to contact your tutor by telephone or email if you need help. The following might be some typical circumstances in which you would find help necessary. Contact your tutor if:
you do not understand any part of the study units or the assigned readings;
you have any difficulty with the self-tests; or
you have a question or problem with assignments, or with your tutor's comments on or grading of an assignment.
It is a good idea to keep copies of all TMAs you submit for reference during any telephone conversations with your tutor. Remember that TMAs should be submitted in accordance with the due dates indicated. Your tutor will mark and return them to you as soon as possible.
Online support
In this course, you have the opportunity to interact with tutors and fellow students via the Online Learning Environment (OLE). You will at times be referred to the course discussion board to exchange views with other students on particular issues, or you may like to post your own questions and invite feedback from others. Real-time tutorials and lectures on specific topics will be delivered via teleconferencing facilities. It is strongly recommended that you make use of the course discussion board and teleconferencing sessions. They will provide considerable assistance in your study of the law, and improve your chances of earning higher marks on your TMAs. They will also bring you into contact with other students who are studying through the OUHK. Experience shows that students who form study groups to exchange ideas tend to perform better.
| Summary | |
Chinese business law is a developing field of study. As China's economy continues to expand, and as its integration with the economies of other nations increases, an understanding of the laws regulating the largest socialist market economy in the world will be invaluable for those involved in Chinese business law. Completing LAW B855W Comparative study of legal systems will help you gain such an understanding.
We hope that you will not only find the course interesting and stimulating, but that you will be able to apply the concepts you learn in the course to your career.
Good luck, and enjoy your study!
| The course developers | |
Mr Walter Lee graduated from the University of Hong Kong (LLB, 1990; PCLL, 1991) and later obtained his LLM from the University of London. He is admitted to practise as a solicitor in Hong Kong, and also admitted in England and Wales (non-practising). He is a partner of Gallant Y.T. Ho & Co and head of the commercial dispute resolution team. He is a member of the Chartered Institute of Arbitrators (East Asia Branch) and a member of the Employment Law Committee of the Law Society of Hong Kong. His publications include Butterworths Conveyancing and Property Law Handbook (1st edn and 2nd edn), Butterworths Contract Law Handbook (1st edn), Hong Kong Court Forms (Title V, Companies (General)) and three volumes in Annotated Ordinances of Hong Kong.
Jenny Chung graduated from the University of Hong Kong (LLB, 1990; PCLL, 1991) and later obtained her LLM from the University of Hong Kong. She has been admitted as a solicitor both in Hong Kong and also in England and Wales (non-practising). She has gained professional experience as a commercial lawyer in two leading City firms and later as an in-house lawyer. She has now ceased practice and become a course developer for the Open University of Hong Kong.
