The copyright of this document belongs to The Chinese University of Hong Kong.
Students must
not copy this document or disclose or otherwise share this document or its contents with third
parties. In particular, uploading this document to the internet is strictly prohibited.
THE CHINESE UNIVERSITY OF HONG KONG
FACULTY OF LAW
Bachelor of Laws (LLB) Programme 2023-24
Term Two
LAWS2122 Criminal Law II
Course Teacher(s) : E-mail: luke.marsh@cuhk.edu.hk
Prof. Luke MARSH Office: LSK 528
Mr. Christopher KNIGHT Office Contact Hours: By appointment Office
Telephone: 3943 4422
Programme Director:
Prof. Jae Woon Lee
Information about Classes:
Classes Day Timeslot Venue Room
Lecture Wednesday 0930-1115 Fung King Hey Bldg Swire Hall 2
T01 Wednesday 1130-1215 Fung King Hey Bldg Swire Hall 2
T02 Wednesday 1230-1315 Fung King Hey Bldg Swire Hall 2
T03 Thursday 1230-1315 Chen Kou Bun Bldg 706C
T04 Thursday 1330-1415 Chen Kou Bun Bldg 706C
Schedule of classes / topics
Schedule of classes / topics
DATE LECTURES TUTORIAL TOPICS
Week 1 (10/1): Property Offences (1) No tutorials
(from 8/1) Theft
Week 2 (17/1): Property Offences (1) Property Offences (1) Theft
(15/1) cont’d (Actus Reus)
Week 3 (24/1): Property Offences (2) Property Offences (1 cont’d)
(22/1) Obtaining property Theft (Mens Rea)
by deception
Obtaining services
by deception
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not copy this document or disclose or otherwise share this document or its contents with third
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Week 4 (31/1): Property Offences (3) Property Offences (2)
(29/1) Handling stolen goods Obtaining property by deception
Making off without Obtaining services by deception
payment
Week 5 (7/2): Aggravated Property Property Offences (3)
(5/2) Offences (1) Burglary Handling stolen goods
(aggravated burglary) Making off without payment
Robbery
Week 6 (21/2): Aggravated Property Aggravated Property
(19/2) Offences (2) Offences (1)
Blackmail Criminal Burglary (aggravated burglary)
damage/aggravated Robbery
criminal damage
Week 7 (28/2): Review and Revision Aggravated Property
(26/2) (of topics covered in lectures 1- Offences (2)
6) Blackmail
Criminal damage/aggravated criminal damage
Week 8 (Reading No Lecture No tutorials
Week)
(4-9 March)
Week 9 (13/3): Participation Revision (Weeks 1-6)
(11/3) (secondary liability)
Week 10 (20/3): Participation (cont’d) Participation (secondary liability)
(18/3)
Week 11 (27/3): General Defences (1) Participation cont’d
(25/3) Insanity
Automatism
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not copy this document or disclose or otherwise share this document or its contents with third
parties. In particular, uploading this document to the internet is strictly prohibited.
Week 12
(01/4) (03/4): General Defences General Defences (1)
(2) Insanity
Intoxication Automatism
Duress and duress of
circumstances
Week 13 (10/4): Inchoate/preliminary General Defences (2)
(08/4) crimes Incitement Intoxication
Attempt Duress and duress of circumstances
Conspiracy
Week 14 (17/4): Review and Revision Inchoate/preliminary crimes
(15/4) Incitement
Attempt
Conspiracy
Week beginning 22/4 Revision session (date/time TBC).
Prerequisites (if applicable):
Criminal Law I
Reading Materials
The prescribed text for this course is:
CHILD, John and ORMEROD, David: Smith and Hogan’s Essentials of Criminal Law
(Oxford University Press) NB: The most recend edition is the 5th Edition (2023) but students
may also use older copies found in library e.g. 4th or 3rd edition).
You may also wish to refer to the following texts:
ORMEROD, David and LAIRD, Karl: Smith and Hogan's Criminal Law (16th Edition) Oxford University
Press, 2021
There is an older textbook on Criminal Law in Hong Kong by Michael Jackson. However, it is now
very out of date and should only be used where specifically referred to in the lecture or tutorial
handouts.
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not copy this document or disclose or otherwise share this document or its contents with third
parties. In particular, uploading this document to the internet is strictly prohibited.
Course Description:
The course is concerned with the substantive criminal law (as opposed to rules relating to procedure) of Hong
Kong, and follows on from LAWS2121. It will follow a traditional criminal law course sequence, with case
law and statute (HK Ordinances) law forming the main framework to the course. This will be further
supplemented by informal discussion and analysis of hypothetical crime scenarios. Reference will be made
to both Hong Kong and English case law throughout the course. Some topics have mainly English case law.
To get the most out of the course students must participate fully in class discussion.
Aims and Learning Outcomes:
By the end of this course, students will be able to:
· demonstrate a critical understanding of the meaning of crime and its place in society in relation to
other methods of regulation and social control
· describe the fundamental principles of criminal liability
· describe selected criminal offences, their structure, basis and operational basis
· identify and solve criminal problems, and
· conduct basic legal research, write criminal law essays, and make formal presentations to the class.
Approach to Teaching and Learning in this Course
The course consists of a weekly lecture and a weekly tutorial throughout the term. The purpose of the
lectures is to provide you with the broad framework of the topic of criminal law, and to introduce you to
some of its complexities and challenges. The lectures will also provide you with a foundation for more
detailed discussion of issues and problem in your tutorials. You are strongly advised to attend lectures
regularly and you are expected to attend tutorials. Common sense suggests that attending classes diligently
should provide you with a good foundation for success in the final assessment. In any case, a record of
tutorial attendance will be kept and absences may result in follow-up action by the Faculty.
PowerPoint slides used in the lectures will be made available through Blackboard – where possible they
will be posted in advance of the lecture. Reading for each tutorial will be made available through Blackboard
following each lecture. You are expected to read the required material and to be prepared to answer the
questions set for each tutorial.
Assessment:
The course will be assessed 100% by a single three-hour examination at the end of term. This will
be a 3-hour Open Book Exam. Details of what may be taken into the examination hall will be given
during the first lecture. The date of the examination will be announced in due course.
In line with University policy, the Faculty has developed “grade descriptors” which have been
developed to help you in your academic work and to inform the marker’s judgment as to the grade
to be awarded. The marker will use them both in reaching a judgment as to the grade to be awarded
and as the basis for feedback to students. Please refer to the below course grades and grade
descriptors:
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not copy this document or disclose or otherwise share this document or its contents with third
parties. In particular, uploading this document to the internet is strictly prohibited.
Grade Descriptors for an Examination
The purpose of these descriptors
The descriptors set out below have been developed to help students in their academic work and to inform
markers’ judgment as to the grade to be awarded. The marker will use them both in reaching a judgment as to
the grade to be awarded and as the basis for the feedback that students will be given. Work awarded a particular
grade does not necessarily display all the characteristics; and some criteria may weigh more heavily than
others.
A grade
Your answer should clearly identify all of the issues relevant to the question, including any sub-issues.
Where the relevant facts are unclear, or lack some relevant detail, you should comment upon this fact and
its significance.
You should accurately and confidently state and apply relevant law to the issues that are raised.
You should give relevant authority, where available, for the propositions that are advanced.
Where the relevant law is the subject of important controversy, your answer should draw attention to this
fact and explain the practical importance of the controversy for the answer.
Your answer should demonstrate a high degree of engagement with and understanding of relevant primary
and secondary sources.
You should not introduce inaccurate or irrelevant material in the answer.
Your conclusion should be realistic and persuasive, and you should not jump to unwarranted conclusions.
Your answer should display critical thought, sophisticated analysis and internal coherence.
B grade
You should clearly identify nearly all of the issues raised by the question.
You should accurately and confidently state and apply relevant law to the issues that are raised.
Your conclusion should be realistic, and you should not jump to unwarranted conclusions.
C grade
You should identify the majority of the issues raised by the question.
You should state and apply relevant law to the issues that are raised.
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not copy this document or disclose or otherwise share this document or its contents with third
parties. In particular, uploading this document to the internet is strictly prohibited.
D grade
You should identify a reasonable proportion of the issues raised by the question.
You should state and apply relevant law to the issues that are raised with reasonable accuracy.
F grade
Your answer misses many significant issues.
Your answer contains lots of irrelevant material.
Your answer is not well organized and may appear careless and incoherent.
Your answer omits relevant legal principles or displays significant gaps in the understanding of these
principles.
Page 6 of 7
The copyright of this document belongs to The Chinese University of Hong Kong. Students must
not copy this document or disclose or otherwise share this document or its contents with third
parties. In particular, uploading this document to the internet is strictly prohibited.
Academic Honesty
Students shall strictly comply with the University Rules on Academic Honesty (see “Honesty in Academic
Work: A Guide for Students and Teachers” at https://www.cuhk.edu.hk/policy/academichonesty/), and
provide correct and accurate citations in footnotes or endnotes as required. The use of AI tools is not permitted
in assessments.
Plagiarism
CUHK defines plagiarism as follows:
Plagiarism is an attempt to pass off the work of others (in particular the writing of others) as
one's own.
The most obvious and blatant type of plagiarism is copying whole articles, sections,
paragraphs or whole sentences from other publications without acknowledgement. This is
clearly unacceptable.
However, even the use of a few words or paraphrasing (without actually copying any words at
all) may constitute plagiarism if the source is not acknowledged. Students sometimes
unintentionally plagiarize because they are not aware of the very stringent rules that apply.
The University and the Faculty adopt a policy of zero tolerance towards plagiarism and other forms of
academic dishonesty. Copying another person’s work or using language or ideas without proper attribution
and the use of AI tools are subject to disciplinary action in accordance with the University’s rules.
Evaluation of Teaching:
Students will be invited to complete an evaluation of teaching towards the end of the course.
Concerns and Questions:
If you have any concerns or questions about the course, please contact the course leader. If your concerns
persist, please contact the Programme Director.
Prof. Luke Marsh and
Christopher Knight
January 2024
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