This is a course of commercial contract law. The course examines the usage of Bills of Lading and other shipping documents in the international carriage of goods by sea. Shipping documents are normally issued on loading of goods onboard the ship. When such a document is a Bill of Lading it functions at three legally distinct but interconnected levels. First, it is a receipt of the goods shipped. Second, it is a document of tittle for the goods. This means that whoever holds the Bills of Lading can demand delivery of the goods from the ship. The third function is that of a Bill of Lading is that it is evidence of the contract of Carriage. Consequently, if the goods have been damaged onboard the ship the legal rights of cargo interests are prescribed by the bills of lading. The cargo interests obtain contractual rights with respect to bills of lading through statutory provisions and enjoy protection from exemptions and limitation of liability clauses through the operation of international conventions, such as the Hague Rules, the Hague Visby Rules, the Hamburg Rules, the Rotterdam Rules. The course deals with the operation of Bills of Lading under the Hong Kong Legal system but also discusses the international aspects of the implementation of the international Conventions.

1. Identify the various types of shipping documents, understand their functions and evaluate their usage within the context of carriage of goods by sea;

2. demonstrate thorough understanding and comprehension of the legal functions bills of lading and other shipping documents offer;

3. critically analyse the statutory regimes transferring rights to holders of shipping documents and to regimes establishing minimum standards for contracts of carriage of goods by sea evidence through bills of lading;

4. evaluate, analyse standard forms of shipping documents and provide legal advice on the design of bills of lading and shipping documents as well as on their application to practical problems.

Examination: The use of Generative AI tools is not allowed.

Applicable to students admitted from Semester A 2022/23 to Summer Term 2024

Students must obtain a minimum mark of 50% in both coursework and examination and an overall mark of 50% in order to pass the course. Students are required to use computers to type their answers. During the examination students will have access to statutory materials and international conventions.

Applicable to students admitted before Semester A 2022/23 and in Semester A 2024/25 & thereafter

Students must obtain a minimum mark of 40% in both coursework and examination and an overall mark of 40% in order to pass the course. Students are required to use computers to type their answers. During the examination students will have access to statutory materials and international conventions.