Hong Kong Schools Mooting and Mock Trial

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Hong Kong Schools Mooting and Mock Trial Association

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Competition Milestone 比賽歷程

Ceremonial Opening October 17, 2015

The University of Hong Kong

Mooting Workshop November 21, 2015

Chinese University of Hong Kong Graduate Law Centre

Preliminaries November 7 & 14, 2015 High Court

Quarter Finals December 5, 2015 High Court

Grand Finals April 2, 2016 High Court

Semi Finals February 6, 2016

High Court

32 Participating Teams

29 Participating Schools

16 Law Students as Tutors

180+Secondary Students participated

2 Mock Trials 2 Moots

The rule of law has always been central to discussions on social episodes. The Magna Carta (1215), a symbol of rule of law in modern democracies, provides that “to no one will we sell, to no one will we refuse or delay right or justice” (Article 40). It highlights the fundamental importance of having fair access to justice with equality before law. I believe the Competition has offered our participants first-hand experience of the judicial system in action through mock trials and moots. I take the view that it is inevitable for us to look beyond statues and case law, so as to understand the bigger picture of how different institutions interact with and constrain the exercise of power of one another. I extend my sincere appreciation to my fellow Benchers, judges, tutors and participating schools for their dedication for promoting legal education amongst secondary students. I must also give credits to all participants for your thoughtful arguments, humble submissions and critical replies. Whether the journey of law is your “cup of tea”, the legal knowledge, advocacy skills and attitudes you have acquired would definitely serve you well in all future endeavours.

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Message from Benchers and Judges 監督及法官的話

Mr Simon SO

Master of the Bench (Treasurer)

Mr Dominic HO Master of the Bench (Reader)

Mr Patrick LUI Master of the Bench (Registrar)

Whilst I claim no expertise in the law, after practising it for a few years I profess to have a rather good understanding of the fear that comes with standing up to address a court. Once on your feet, your adrenaline skyrockets at a speed that seems enough to escape gravity; saliva then wells up at the back of your throat, and when you finally gather enough nerves to open your mouth, you are skinned - gutted - and thoroughly grilled. So I have nothing but the utmost respect for the contesters who appeared before me and my fellow colleagues. This year I see new faces as well as old ones. I am glad to find the veterans have built on their past experience and success, and continue to excel. On the other hand, the freshers are no novices whose performances can rival those of the seasoned contesters, if not better. This chemistry produces – it goes without saying – moots and mock trials of the highest quality any judge could hope for. It is therefore as much an honour as it is a delight to have been invited to sit on this bench. Meanwhile, I can only count the days until next year’s competitions - in sweet anticipation!!!

Kevin FONG Esq.

Honorary Bencher

Finally this year’s Competition has come to an end. I am glad to see contestants have paid a lot of efforts and performed very well in different rounds. To be frank, I am amazed that mooting and mock trial competitions have become a culture even in secondary level and that so many schools are now eager to ask their students to join these activities. Indeed the law is for everyone, regardless of their backgrounds or social classes. Everyone should be able to have access to justice. Law is not only for the privileged, but also for the public, and for those in need. I sincerely congratulate all contestants and awardees for their efforts, and I hope that the Competition might offer them a taste of the law, and may at the very least, inspire some of them to get into the legal profession.

A famous law professor once said, regarding law school: 'Of all the law you study, one-third of it you will have got wrong in the first place when you studied it; another one-third you will have immediately forgotten after your exams. As for the remaining one-third? By the time you graduate, the law will have changed.'

It is the same with this competition: the focus is not really on how much legal knowledge you have gained (although if you have learnt something about court etiquette and procedures, then that is a plus), but rather the presentation and advocacy skills you have used during the moot. It might seem somewhat unfair for the judges to have thrown complex legal principles and arguments at you, but that is actually the reality for those in legal practice (especially barristers) – on a normal day, your client or supervisor will hit you with a legal question or issue that you have never learnt in your legal studies, and you will have to look up the law on your own and figure out a solution to the problem. And then you will have to present it in a way that makes sense to your client or supervisor.

It may be quite a while until you will get to argue in a courtroom again (if you do decide to do law), but we hope we have given you a taste of what it is like – especially for those who are interested in a career in law!

Mr Patrick JIANG

Council Member

Having participated in international moot competitions in the past, I was intrigued by the opportunity to be part of an association which gives mooting and mock trial opportunities to secondary students. After judging in the various stages of the competition, I have to say that I am very honoured to be part of the Association as a Council Member.

It is always important not to take anything for granted and be grateful for the opportunities one has. First and foremost, it is important to thank the Benchers who have spent a lot of time drafting the problems throughout the competition. The second group to thank is your tutors. Without their guidance and support, presenting arguments and answering questions in “court” would be a lot tougher. The last group to give credit to is your teammates, who have been working hard with you during the long hours of preparations.

I hope each and every one of you were able to gain two things from this competition – an understanding of the profession and a better understanding of yourself. I have come across classmates and fellow interns who have tortured themselves by making a commitment to study a subject they do not enjoy at all. By now you must have already understood that the work of a litigation lawyer is not as dramatic as portrayed in TV dramas and indeed the studying of law may not be as appealing as what most die-hard drama fans think of. The question to ask yourselves is whether there was a moment during your preparations, whether it was reading a case or going through a text book, you have actually found it interesting. I hope you have all enjoyed this experience and I look forward to your participation in our future events.

Mr Adrian LAW

Council Member

It is encouraging to see secondary school students have cultivated their interest in law at such an early stage of their studies, and have put in considerable efforts in learning and researching the law. Contestants in the competition have been able to demonstrate their effort and skills in both written and oral advocacy at different levels of court and on a wide range of subject matters. One practical suggestion to future contestants based on my observations this year is that meritorious points should not be too easily conceded even if there is a challenge from the bench, as lawyers are duty bound to fearlessly defend their client’s case. I congratulate the contestants for their achievements, and have no doubt that they will do even better in the future, some as aspiring lawyers, with further experience and learning. Mr Christopher FUNG Guest Judge

Hardly would any of you remember the table tennis gold medalist of the 1996 Olympics, just as hardly would anybody remember the winner of this very moot 20 years later. So, enjoy the process!

Mr Samuel CHAU Guest Judge

Mr Simon SHIU Guest Judge

Mr HT TSOI Honorary Bencher

I am very happy to be one of the judges of the Competition this year. Many participants performed well. Firstly, with the help of tutors, many participants were able to identify the legal issues in dispute, understand the relevant legal principles and apply these principles to the facts of the given problem scenarios. Secondly, many participants spoke fluently and responded reasonably well to the judges’ questions. They have exceeded my expectations of a secondary school student, and I must therefore congratulate them for their excellent work.

I hope that participants will come to realize how law is relevant to our society and daily life. When I was a secondary school student, I thought law is to punish criminals; but through the Competition, participants will now appreciate that the law is important in various aspects, such as enforcing a contract, recovering compensation for personal injuries in an accident, determining one’s legal interest in land, and enshrining citizens’ freedom of expression and assembly, etc. I hope that the Competition has aroused participants’ interest in law and encourage them to pursue legal studies upon graduation. I assure they will find law interesting and rewarding.

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Message from Tutors 導師的話

Wilson LUI Council MemberHead TutorHKU BA LLB II

It is a nice experience to work with secondary students to prepare the competition. As the competition progress, I saw their growth in deeper understanding of different legal concepts. In fact, being a tutor, I also gained a lot by learning more about court etiquettes. Once again I would like to express my honour of being a tutor of this competition.

Patrick CHONG

Council MemberHKU BBA(Law) II

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CUHK LLB II

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HKU LLB II

Being one of the tutors in the association is certainly a great experience for me. I am glad to be given the opportunity to work with so many passionate secondary school students who are really bright and enthusiastic about legal knowledge. Although the moot problems were challenging at times, I had a great time preparing the moot problems with the participants, and through these processes I myself have gained a lot as well. This has definitely been a fruitful journey.

Tiffany LAM

CUHK LLB II

It is never easy for secondary school students to act as barristers to prepare and advocate in courts. For instance, the fac t s and l ega l p r inc ip les a re complicated. There are also many rules for formatting and pushing deadlines for submitting skeletons. Nevertheless, the participants were eager to spend their time and efforts to study the case, do research and work out properly. I hope the competition is able to develop their interest in future legal study and spot out their talents in advocacy. I also express wholeheartedly my gratitude to the teachers who assisted both students and tutors. Without their support and encouragement, this competition would not have succeeded.

Angel LEE

CUHK LLB II

It is a pleasure to be a tutor again in the Competition this year. The cases are challenging, as usual, but they motivate not only participants but also tutors to learn amidst hectic preparation work. Putting it in court language, there are (always) judicial interventions whenever a submission is made, but watching from the public gallery, as opposed to being at the bar table, is a different and refreshing experience.

Christie LEE

CUHK LLB II

Christopher LEE

CUHK LLB II

I have received much more than I once expected for being a tutor in this competition. Helping my students to study the problem, research on relevant cases, draft scripts etc. are all tedious labours, but it’s rewarding at the end. Law, being a highly practical field, requires constant exposure and practice to master i t . This competition really gives a good taste about the type of work I may be doing in the future, by putting what I have learnt in the school lectures into practice (of course, especially if I’m being a barrister).

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HKU LLB II

Michael LEUNG

CUHK LLB I

I had the honour of tutoring some very talented students. Despite not studying law, they were up to the task when faced with mooting and mock trials where they had to research and assimilate legal knowledge in a short period of time. As a newly minted law student, I had much to learn from the competition myself as well. I hope t h e y f o u n d t h e c o m p e t i t i o n enlightening, both as to their own academic studies and future career paths.

Fergus TAM

HKU LLB I

It was a great opportunity for me to learn more about how a trial is conducted in real life, which was an experience that cannot be gained from textbooks. As a year 1 law student, serving as a tutor for this competition allows me to explore other aspects of laws which have not been mentioned in the law courses and thus enriched my legal knowledge in an interesting way. Yet, sometimes it was quite helpless when I could not answer the students’ questions. I have tried my best to find out the answers and it was grateful that all of my students showed understanding for my imperfection. This is definitely a precious and invaluable experience to a law student.

Dicky WONG

HKU LLB I

As a tutor, I have gained fruitful experience which will certainly play an important role in my career. As a law student, I have read different textbooks and different judgments, but I have never tried to prepare a case in real. The experience conveys a message to me: law in books and law in real life are totally a world apart. This encourages me to have a better understanding of how law works to improve our life. Lastly, I sincerely hope that the competition will attract more participants to seriously consider becoming part of the legal profession.

Alvin WONG

CUHK LLB I

Kitty WONG

CUHK LLB I

Athena KONG

CUHK LLB II

Jennifer TSE

CUHK LLB II

It is a great pleasure to become one of the tutors in this programme. The students have been very enthusiastic, cooperative and passionate in preparing for the competition. I recommend any students who are interested in the legal profession to engage in this competition next year as this is a great opportunity for you to get know of legal concepts as well as the court procedures at an early stage, which would become very helpful if you opt to study law in the future.

To me, coaching mooting has been an interesting experience. It has given me another perspective to mooting through coaching and it has made me realise the challenge of explaining legal concepts to lay people – the struggle to find the right word and how to explain. It also led me to touch on topics I would not have touched on and made me learn to do research on legal concepts on an individual basis. I am thankful for this truly enjoyable experience and the friendships I have built with my team and colleagues.

It has been an enjoyable experience seeing the development and learning process of participants in the mooting and mock trial competition, and their ability in tackling legal problems without prior legal training should be recognized. As a tutor, I myself have found the problems challenging, yet there is no denying that different roles of involvement in the competition offer much to learn. I hope that the association will be able to further its success in legal education towards our community in the coming years.

I am grateful to have the opportunity to be a tutor in this competition. I enjoyed so much working with my tutees who are passionate and eager to learn. The cases are challenging but the tutees are capable of identifying the legal issues and constructing valid arguments. Throughout the competition, not only did I appreciate the art of cross-examination but I acquired a lot of trial techniques as well.

Case Summary 案件概要

Preliminaries HKSAR v Sarah TONG (唐巧巧) The Defendant is charged with trafficking in a dangerous drugs (Methaqualone) contrary to s. 4 Dangerous Drugs Ordinance, Cap 134, Laws of Hong Kong. The Defendant together with her boyfriend were arrested outside her flat. Immediately before the arrest, the police officers had been ambushing outside the flat as they received tip-offs that the Defendant’s boyfriend is a drug dealer. Upon arrest, the Defendant was found to be holding all the drugs in a plastic bag. She denied completely but her boyfriend admitted everything. Nevertheless, just before the trial the Defendant’s boyfriend pleaded guilty and became a tainted witness for the Prosecution against the Defendant. At the same time, the Officer-in-charge of the case received two letters purportedly to be written by the Defendant but with strange calligraphies and admitting all liabilities.

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HKSAR v Terrence TSANG (曾家駿) The Defendant is charged with assault occasioning actual bodily harm contrary to s. 39 Offence Against Persons Ordinance, Cap 212, Laws of Hong Kong. In a laboratory session, the victim’s chest was splashed by the Defendant with diluted sulphuric acid and heated water. The victim says he had grudges with the Defendant all along and immediately before the assault and the splash was intentional. Contrarily, the Defendant says he has always been kind and caring to the victim and the splash of acid was just an accident. The further splash of heated water was a hope to dilute the sulphuric acid already splashed on the victim. The Defendant says he used heated water because it was the only available source of water at the time which would be used for the experiment.

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HKSAR v Alfred KWONG (鄺冠禧) The Defendant is charged with attempted burglary contrary to s. 11 Theft Ordinance, Cap 210, Laws of Hong Kong. The Defendant was found in his bag a golden antique ring when he was about to leave the home of his friend after a birthday party. The Defendant’s case is that his friend secretly put the ring into his bag when he went to the washroom during the party. He believes his friend has put the ring into his bag so that he could earn some money for himself by selling antiques of his mother. The Defendant’s friend nonetheless says he had never intended to invite the Defendant to the party but the Defendant has asked for it repeatedly. He suspects that the burglary is premeditated.

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HKSAR v Josiah HO (何信諾) The Defendant is charged with criminal intimidation contrary to s. 24 Crimes Ordinance, Cap 200, Laws of Hong Kong. The Defendant had once, out of curiosity, claimed in front of the victim that he is a member of the triad. He was penalized by the school and warned by the School Liaison Officer that such act is inappropriate. The Defendant was not charged as the triad he claimed to be in is found not to be in existence in Hong Kong but just a fictitious in a drama series. A few days after the incident, the Defendant in the Joint Club Recruitment Gala stopped the victim and asked whether he has made up his mind “to join or not to join the thing I mentioned to you before” and “you know what benefit you will have if you join and what consequence you will bear if you do not”. The victim says he was very afraid and reported the matter to the Discipline Master, who then called the Police. The Defendant said he just meant swimming team, with whom he was the Financial Secretary.

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Mooting and Mock Trial Problems Committee Chairman Simon SO Members Noah CHUNG Wilson LUI Kim CHAN

Quarter Finals

FAN Gwut Chai (范橘齊) v MING Kwun Chin (明坤戩) The Appellant (Defendant) used to work as a tutor for the Respondent (Plaintiff) who is a tutor star. During his course of employment, the Appellant was assigned to design lecture handouts and mock exam papers, which their content were mainly gathered from past public examination papers. After resigning, the Appellant set up his own tutorial school and used the same lecture handouts and mock exam questions. The Respondent suffered a sharp reduction in terms of business. The Respondent obtained an interlocutory injunction to stop the Appellant from using these confidential information. The Court of Appeal dismissed the appeal and the Appellant appealed to the Court of Final Appeal.

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HKSAR v CHO Dai (曹棣) The Appellant was teased by his peers for doing below standard in a history class. Some of his friends downloaded a photo of him from his Facebook and vilified him. They further put these photos outside his dormitory. Out of anger, the Appellant took a lighter in an attempt to burn down all the photos as soon as possible. The smoke eventually went into the room and killed two of his classmates. The Appellant was charged with two counts of murder and two counts of arson. The Appellant appealed against conviction as the trial judge merely directs the jury to consider whether by burning the photos there is a “high degree of probability”, as opposed to “virtual certainty” that death or serious bodily harm will result. The Appellant also complained that the trial judge did not allow the jury to consider the defence of provocation. The Appellant appealed to the Court of Appeal but was not allowed as the Court considered not miscarriage of justice would occur pursuant to s. 83 (1) of Criminal Procedure Ordinance.

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83(1)

YU, Lok Tin (余樂天) v Hong Kong Secondary School Student (Finance) Committee (香港中學生團體(財政收入)委員會), Hong Kong Secondary School Student Body (Finance) Tribunal (香港中學生團體(財政收入)審裁處) There was a fictitious statute which stipulates all donations of Secondary School Student bodies “must be manifested and proved by some writing”. One of the student bodies did not have such writing but the donation was reported recorded in the minutes of an Ex-co meeting. Unfortunately, the minutes were lost. The Secretary of the student body wishes to testify as a witness in the Appeal Tribunal but was refused. The President of the student body appealed to the Court of Appeal.

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HKSAR v. CHONG, Tai Muk (莊娣穆) The Appellant is a student. She went through the questions and answers of the audition test for a scholarship unlawfully in the school computer system. She eventually got the scholarship. Out of a coincident, the school reviewed the schools’ CCTV and realized this. The Appellant was convicted for access to a computer with criminal or dishonest intent and theft. She appealed to the Court of First Instance The case was transferred to the Court of Appeal due to complexity.

Wan Pan Physical Training Centre Limited (穩攀健體訓練中心有限公司) v SHAM, Cheung Yuen (沈祥遠) The Appellant is a fitness centre who said it would build an outdoor rock-climbing wall and asked for response from its member. The Respondent, a University Rock Climbing Team member, accepted this offer. He also declined offer from another company which offered to give him the same service at a very low price. Later, the Respondent cancelled the project. The Respondent found that the original discounted offer he was given had been withdrawn already. He sued the Appellant and was granted specific performance. The Appellant appealed.

Lai Mai Ngo Memorial School (賴米娥紀念中學) v WAI, Gwok Lui (Acting as the next friend of WAI, Rong) (韋國磊(作為韋蓉的起訴監護人)) A laboratory technician deliberately violated the instructions by his supervising teacher. As a result, a student was harmed during a laboratory session and got burnt on her face. As the laboratory technician is an employee of the Appellant, the student’s father (the Respondent) sued the Appellant for vicarious liability. The Appellant appealed.

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Semi Finals

Words from Final TeamsSt. Stephen’s Girls’ College

Diocesan Girls’ SchoolThe competition this year was much more intense and complicated than that of last year. While there was more pressure, there was a much greater sense of achievement and relief after each round. The cases we received were greater in terms of diversity, we had to deal with cases ranging from the matter of copyright to that of murder. The team spent nights, under the guidance of our wonderfully capable tutor, Wilson, preparing for each round, overall an incredibly strenuous and tiring process that reaped great results.

We all learnt a great deal about the procedures of law and how to form a persuasive argument. Some of us had been in this competition before and some of us had not, but we were all able to contribute ideas and help one another out. We all felt very intimidated under the questioning of the judges but we still tried our best to perform well. The entire competition was a great learning experience and we all gained so much from it. Whether it be insight on the judicial world, or how to answer questions calmly and clearly under pressure, we definitely benefited greatly from the competition. This competition has definitely increased our interest in law and we will never forget the feeling of waiting for the results to be announced. This has brought us closer than ever as a team and we cannot possibly thank the organizers enough for their hard work.

Lastly, a massive thank you must go towards our tutor, Wilson, who has stuck by us through thick and thin, through our constant pestering, procrastinating and ignorant questions. Without him, we would not be a team. Without him, we would have never come this far. Wilson has served as the soul of our team and we wouldn't have been the same without him.

It is not until the moment when we deliver our speeches confidently in the High Court did we realize that all the Skype meetings till 3 a.m, late-night preparations and research were truly worthwhile. Being Form five students, we were actually slightly hesitant to join the competition for fear of a heavy workload and the clash between our academic work and extra-curricular activities. We eventually find out that engaging in the competition actually improves our time management skills. Although we all have mock trial experience before, we would admit that the competition is in fact quite demanding for us as we have to answer all the questions from the judge and need to think on the spot, which means we cannot solely rely on the prepared speeches. Though we were a bit discouraged when our answers fell short of the judge’s expectations, this did not defeat us. Instead, we pushed ourselves further and strived for a better performance. The competition also resembles court proceedings in real life very much. It gives us a thorough view of how trials run as we have not experienced pre-trial legal procedures in previous competitions before. It also proves that being a lawyer not only requires good debating and presentation skills, but also organization skills when we have to deal with a lot of documents. Most importantly, we have to care about details as a single typo in our legal documents will make a huge difference. We are indeed very grateful and honored to be able to enter into the final round of the competition, and joining the competition surely pushes us one step closer to achieving our dreams of being lawyers. We have all found the competition challenging but rewarding.

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總決賽隊伍感言

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傑出

訟 辯 榮譽錄

Eden CHUA Diocesan Girls' School KWOK Hing Wai HKTA Tang Hin Memorial Secondary School Sidney WOO King's College Adrian TAM La Salle College Jimmy CHU Renaissance College Sum Chuen LI Renaissance College Tao CHEN Renaissance College CHEUNG King Tung Shatin Pui Ying College YIM Ka Hung Sing Yin Secondary School LAM Hoi Man The ISF Academy

Adrian WONG St. Stephen's College MA Lok Man Ho Fung College (Sponsored by Sik Sik Yuen) Sum Chuen LI Renaissance College Sabrina Alexandra Diocesan Girls' School STEWART

Benchers’ List of Honorary Mentions for Outstanding Advocacy

Preliminaries

Quarter-Finals

Semi-Finals

Acknowledgement 鳴謝

Judges Simon SO Master of the Bench (Treasurer) Dominic HO Master of the Bench (Reader) Patrick LUI Master of the Bench (Registrar) Patrick JIANG Council Member(Quarter-Finals/Finals) Adrian LAW Council Member(Preliminaries/Quarter-Finals/Semi-Finals/Finals) Kevin FONG Esq. Honorary Bencher(Semi-Finals) HT TSOI Honorary Bencher(Semi-Finals) Samuel CHAU (Preliminaries/Finals)

Christopher FUNG (Semi-Finals) Simon SHIU (Preliminaries) Samuel WONG (Finals)

Tutors Wilson LUI HKU BA LLB IIHead Tutor

Patrick CHONG HKU BBA(Law) II

Kennis CHEUNG CUHK LLB II

Noah CHUNG HKU LLB II

Tiffany LAM CUHK LLB II Angel LEE CUHK LLB II

Christie LEE CUHK LLB II Christopher LEE CUHK LLB II

Athena KONG CUHK LLB II Jennifer TSE CUHK LLB II Harrods WONG HKU LLB II Michael LEUNG CUHK LLB I Fergus TAM HKU LLB I Alvin WONG CUHK LLB I Dicky WONG HKU LLB I Kitty WONG CUHK LLB I

Secretariat Stephanie CHOW Ronnie CHAN Marty YUE Alvin LEUNG

William WONG Gordon YU Jason LO Anson KAM

Recruitment 招募

If you are interested in assisting us on administrative and operational matters, please send us your resume by email on or before May 31, 2016.

Hong Kong Schools Mooting and Mock Trial Competition Publication

Publisher Hong Kong Schools Mooting and Mock Trial Association

Editor-in-chief Dominic HO

http://www.hkmoot.org/Website http://www.facebook.com/hkmoot/

info@hkmoot.orgEmail

2016 4 Version April 2016

All Rights Reserved

Permission has been granted for photo-taking in the High Court. No one should use these photos for any other purposes. The Hong Kong Schools Mooting and Mock Trial Association expressly reserves the exclusive right to use these photos.

Benchers Simon SO Dominic HO Patrick LUI

Council Patrick JIANG Adrian LAW Patrick CHONG Wilson LUIMembers

( ) Honorary Deputy High Court Judge Michael STUART-MOORE (formerly V-P of Court of Appeal)Benchers Kevin FONG, Esq. Timothy LAM, Esq. Mr HT TSOI

Organizational Structure