Faculty of Law

Clinical Legal Education (general stream) - September 2025 semester

LLAW3148/ JDOC6205

From FLAS 40001 - 

Banking Law

LLAW6024 & JDOC6024

Andrew Fei

B.A. (Cantab), M.A. (Cantab), LL.M. (Harv.)

Faculty of Law University of Hong Kong

Thursdays, 7:00 p.m. to 10:00 p.m. (CPD-3) 

Summary

Combining theory with practice, this course focuses on the laws, regulations and policies that shape the future of the banking industry in the digital economy, as well as the key legal documents used in modern banking transactions.

Beginning with an introduction to the fundamental concepts of banks and their operations, we explore the evolution of global banking regulations, focusing on capital, liquidity and prudential requirements as well as resolution regimes for banks and other financial institutions.

Our journey then takes a closer look at Hong Kong’s legal and regulatory framework for banking and financial services, ensuring students are well-versed in both global and local banking laws and regulations, including their application in the digital assets ecosystem.

Next, we delve into real-world banking transactions with an emphasis on legal documentation and drafting techniques. Through a detailed case study of syndicated loan agreements, students will gain hands-on experience in crafting and negotiating legal documents. This practical approach continues as we look at other topics such as security interests, guarantees and derivatives.

As the global banking landscape continues to evolve, we consider contemporary topics such as digital assets, tokenisation, stablecoins and central bank digital currencies, including their interaction with the banking sector. In the wake of the 2023 banking turmoil, we also explore the role of bank deposits and deposit insurance in the financial system. 

By the end of this course, students will not only understand the key legal and regulatory principles in the fields of banking and digital assets, but will also acquire practical skills in analysing, drafting and negotiating key agreements used in banking transactions. These analytical and practical skills are highly transferrable to other areas of law.

About the Lecturer

This course is taught by Andrew Fei, a partner in the Banking and Finance department at King & Wood Mallesons in Hong Kong.  Andrew has over 15 years of experience in the areas of financial regulation, structured finance, derivatives, tokenisation, digital assets, syndicated loans and capital markets.  Andrew has advised many major financial institutions, corporates and fintech companies on a wide range of innovative tokenisation projects, structured finance transactions, cross-border derivatives, close-out netting and collateral arrangements, Basel III regulatory capital instruments, financing transactions, financial regulatory matters as well as digital assets-related initiatives.

Andrew is regularly quoted as an expert on various banking and digital assets-related matters in the international press (including the New York Times, Financial Times, Risk.net, South China Morning Post and Caijing Magazine) and frequently speaks and writes on these topics. Andrew was named “Rising Star Partner” in Capital markets: Structured finance and securitisation by IFLR1000 and “Leading Lawyer” in Capital Markets: Securitisation & Derivatives by Chambers Greater China Region Guide.

Andrew holds a master of laws degree from Harvard Law School and a double 1^st class honours bachelor of laws degree from Cambridge University (where he ranked 2^nd out of a class of 236 in the Part IB Law Tripos and received the Erskine Chambers Prize for the highest grade in company law).

Course Overview

Aims and Objectives

The overall aim of this course is to provide students with a solid understanding of the laws, regulations and policies that define the banking industry, as well as the key legal documents used in modern banking transactions. 

The key objectives of the course are as follows:

1. Comprehensive Understanding: To provide students with a comprehensive understanding of banking law and practice, covering both theoretical concepts and practical applications.  

2. Regulatory Knowledge: To equip students with a deep understanding of evolving global banking laws, policies and regulations, with a particular focus on capital requirements, liquidity standards and digital assets-related developments.

3. Legal Skills Development: To enhance students' practical legal skills, particularly in analysing and drafting legal documents related to modern banking transactions, including loans, security agreements and guarantees.

4. Critical Analysis: To encourage students to critically analyse legal and regulatory issues in the banking sector, especially in the context of recent market and regulatory developments relating to digital assets.

5. Industry Relevance: To ensure that students are well-prepared to address contemporary challenges in banking law, including those related to tokenisation, stablecoins and the aftermath of recent banking crises.

Teaching / Learning Methodology / Methods

The course is organised in a traditional lecture / seminar format, based on the application of international and domestic laws, principles and regulations in Hong Kong. Student participation is encouraged and will form part of the learning experience through class participation.

Course Organisation / Coverage

The course is organised to focus on the business of banking, global regulatory standards, the regulatory framework in Hong Kong, legal documents for modern banking transactions as well as future legal and regulatory trends in banking, especially in relation to digital assets.

Course Outcomes

At the end of the course, students should:

1. Have a sound understanding of the roles and functions of banks within the modern global financial system and digital economy.

2. Grasp key legal and regulatory principles and appreciate how they can be applied in practice to mitigate some of the risks associated with the business of banking.

3. Be familiar with the structure and features of loan agreements, security agreements, guarantees, derivatives master agreements and other legal agreements used to document modern banking transactions.

Assessment

The course assessment will be based on a combination of:

Class participation (20%): This will comprise of a combination of class attendance and class interaction. This assessment is graded on a pass / fail basis.

Take-home examination (80%): The take-home examination will be distributed in the final month of teaching (you will have approximately 10 days to complete the examination – no further extension will be approved). The take-home examination must be completed individually. The maximum length for the take-home examination is 2,500 words (including footnotes but excluding any bibliography). The exam will be distributed and submitted via Moodle.

The take-home exam will be graded based on quality of legal analyses, written expression and demonstrated familiarity with course materials / lectures / class presentations and subject-matter. If handed in late, your exam paper will be penalised at the rate of 5 points out of 100 per day and will not be accepted later than 7 calendar days after the deadline.

The Law Faculty’s rules prohibiting cheating, plagiarism and taking unfair advantage apply strictly to both written assignments and exam papers.

No plagiarism, etc.

Note that all written work will be run through plagiarism detection software as part of the submission process.

Attendance

Regular class attendance and class participation is expected. Generally, one does not meet this standard through conspicuous and regular absence or through inadequate class preparation. In addition, the structure of this class as a lecture / seminar encourages participation by students.

If you cannot attend a scheduled in-classroom lecture due to illness, personal or other matters, please contact andrew.fei@hk.kwm.com

Preparation

Each student should read assigned resources and undertake (if requested) any additional reading specifically required for a particular pre-assigned topic.

Banking Law

LLAW6024 & JDOC6024

Andrew Fei

B.A. (Cantab), M.A. (Cantab), LL.M. (Harv.)

Faculty of Law University of Hong Kong

Thursdays, 7:00 p.m. to 10:00 p.m. (CPD-3) 

Summary

Combining theory with practice, this course focuses on the laws, regulations and policies that shape the future of the banking industry in the digital economy, as well as the key legal documents used in modern banking transactions.

Beginning with an introduction to the fundamental concepts of banks and their operations, we explore the evolution of global banking regulations, focusing on capital, liquidity and prudential requirements as well as resolution regimes for banks and other financial institutions.

Our journey then takes a closer look at Hong Kong’s legal and regulatory framework for banking and financial services, ensuring students are well-versed in both global and local banking laws and regulations, including their application in the digital assets ecosystem.

Next, we delve into real-world banking transactions with an emphasis on legal documentation and drafting techniques. Through a detailed case study of syndicated loan agreements, students will gain hands-on experience in crafting and negotiating legal documents. This practical approach continues as we look at other topics such as security interests, guarantees and derivatives.

As the global banking landscape continues to evolve, we consider contemporary topics such as digital assets, tokenisation, stablecoins and central bank digital currencies, including their interaction with the banking sector. In the wake of the 2023 banking turmoil, we also explore the role of bank deposits and deposit insurance in the financial system. 

By the end of this course, students will not only understand the key legal and regulatory principles in the fields of banking and digital assets, but will also acquire practical skills in analysing, drafting and negotiating key agreements used in banking transactions. These analytical and practical skills are highly transferrable to other areas of law.

About the Lecturer

This course is taught by Andrew Fei, a partner in the Banking and Finance department at King & Wood Mallesons in Hong Kong.  Andrew has over 15 years of experience in the areas of financial regulation, structured finance, derivatives, tokenisation, digital assets, syndicated loans and capital markets.  Andrew has advised many major financial institutions, corporates and fintech companies on a wide range of innovative tokenisation projects, structured finance transactions, cross-border derivatives, close-out netting and collateral arrangements, Basel III regulatory capital instruments, financing transactions, financial regulatory matters as well as digital assets-related initiatives.

Andrew is regularly quoted as an expert on various banking and digital assets-related matters in the international press (including the New York Times, Financial Times, Risk.net, South China Morning Post and Caijing Magazine) and frequently speaks and writes on these topics. Andrew was named “Rising Star Partner” in Capital markets: Structured finance and securitisation by IFLR1000 and “Leading Lawyer” in Capital Markets: Securitisation & Derivatives by Chambers Greater China Region Guide.

Andrew holds a master of laws degree from Harvard Law School and a double 1^st class honours bachelor of laws degree from Cambridge University (where he ranked 2^nd out of a class of 236 in the Part IB Law Tripos and received the Erskine Chambers Prize for the highest grade in company law).

Course Overview

Aims and Objectives

The overall aim of this course is to provide students with a solid understanding of the laws, regulations and policies that define the banking industry, as well as the key legal documents used in modern banking transactions. 

The key objectives of the course are as follows:

1. Comprehensive Understanding: To provide students with a comprehensive understanding of banking law and practice, covering both theoretical concepts and practical applications.  

2. Regulatory Knowledge: To equip students with a deep understanding of evolving global banking laws, policies and regulations, with a particular focus on capital requirements, liquidity standards and digital assets-related developments.

3. Legal Skills Development: To enhance students' practical legal skills, particularly in analysing and drafting legal documents related to modern banking transactions, including loans, security agreements and guarantees.

4. Critical Analysis: To encourage students to critically analyse legal and regulatory issues in the banking sector, especially in the context of recent market and regulatory developments relating to digital assets.

5. Industry Relevance: To ensure that students are well-prepared to address contemporary challenges in banking law, including those related to tokenisation, stablecoins and the aftermath of recent banking crises.

Teaching / Learning Methodology / Methods

The course is organised in a traditional lecture / seminar format, based on the application of international and domestic laws, principles and regulations in Hong Kong. Student participation is encouraged and will form part of the learning experience through class participation.

Course Organisation / Coverage

The course is organised to focus on the business of banking, global regulatory standards, the regulatory framework in Hong Kong, legal documents for modern banking transactions as well as future legal and regulatory trends in banking, especially in relation to digital assets.

Course Outcomes

At the end of the course, students should:

1. Have a sound understanding of the roles and functions of banks within the modern global financial system and digital economy.

2. Grasp key legal and regulatory principles and appreciate how they can be applied in practice to mitigate some of the risks associated with the business of banking.

3. Be familiar with the structure and features of loan agreements, security agreements, guarantees, derivatives master agreements and other legal agreements used to document modern banking transactions.

Assessment

The course assessment will be based on a combination of:

Class participation (20%): This will comprise of a combination of class attendance and class interaction. This assessment is graded on a pass / fail basis.

Take-home examination (80%): The take-home examination will be distributed in the final month of teaching (you will have approximately 10 days to complete the examination – no further extension will be approved). The take-home examination must be completed individually. The maximum length for the take-home examination is 2,500 words (including footnotes but excluding any bibliography). The exam will be distributed and submitted via Moodle.

The take-home exam will be graded based on quality of legal analyses, written expression and demonstrated familiarity with course materials / lectures / class presentations and subject-matter. If handed in late, your exam paper will be penalised at the rate of 5 points out of 100 per day and will not be accepted later than 7 calendar days after the deadline.

The Law Faculty’s rules prohibiting cheating, plagiarism and taking unfair advantage apply strictly to both written assignments and exam papers.

No plagiarism, etc.

Note that all written work will be run through plagiarism detection software as part of the submission process.

Attendance

Regular class attendance and class participation is expected. Generally, one does not meet this standard through conspicuous and regular absence or through inadequate class preparation. In addition, the structure of this class as a lecture / seminar encourages participation by students.

If you cannot attend a scheduled in-classroom lecture due to illness, personal or other matters, please contact andrew.fei@hk.kwm.com

Preparation

Each student should read assigned resources and undertake (if requested) any additional reading specifically required for a particular pre-assigned topic.