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Mooting and Mock Trial Competition 2015

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President’s Message It was months ago when we started planning this Competition and we did face many problems. Without the assistance of our advisors we would never make it. I wish to convey my most sincere gratitude to all the judges and tutors who have dedicated their time and immense efforts making the whole event possible. We would like to thank all the teams who have joined and the jurors who have volunteered. Without you all, this competition would not have been successful. See you all next year!

Mr Jeff Tsang, PresidentWhat Judges Say

Back in secondary school, I was more interested in the finer points of molecular bonding in chemistry and had absolutely no idea what 'law' involved, let alone the whole process of preparing a case for argument in court. I really must congratulate all participants on the quality of advocacy during the competition. What makes it even more impressive is the high calibre of performance despite us throwing you technical legal terms and concepts (which might have seemed extremely unfair and frustrating!). But in the end, what matters in this competition is not really the law, but the preparation, delivery, and attitude. And for those who are (or have been made) interested in the law, I hope this has been a good 'taster session'.

Mr Patrick Jiang, Moot Judge

Mr Simon So, Chief Moot Judge

To quickly sum up the experience in the Competition as a judge, I must first extend my appreciation to the outstanding performance of all teams. You all have demonstrated up-to-standard ability, in terms of research, preparation, delivery and advocacy skills inside the Mooting Chambers. “Justice  should not only be done, but should manifestly and undoubtedly be seen to be done” (Lord Hewart CJ in McCarthy). The law is always developing, thus it would be more important to recognise the core values and spirit of law. May I take this opportunity to encourage those wish to pursue further legal studies to better equip yourself and be prepared to take up the challenges ahead.

Mr Dominic Ho, Moot Judge

The Final Teams

Diocesan Boys' SchoolDiocesan Girls' School

Being slightly hesitant to join, we were surprised that we found the mooting experience to be, overall, a very enjoyable one. All the late nights of preparation, it all turned out to be worthwhile when we had the chance to stand on the lectern in the High Court and present our arguments before the judge. When we were sitting in the mooting court in University of Hong Kong for our first round of competition, we realised that court procedures and etiquette were much more complicated than what soap operas like to show us. Matters that we thought trivial, after questioning from the judge, we realised were actually crucial to understanding the case. Mooting turned out to be an enriching and fruitful experience.

Mooting and Mock Trial is a very unique experience as it gives you insight to the daily life of a barrister. We are able to look at cases that can be found on a day-to-day basis and learn how to formulate an argument and to use authorities to support our stance. It was quite challenging as judges would ask very difficult questions to challenge our logic and exploit our weaknesses. We are able to learn a lot through this competition and would recommend it to anyone interested in law.

Case Summary

A triad member discussed a dealing of fire arms with a rifle manufacturer in her hotel room which she secretly recorded the process. Unfortunately this manufacturer was later arrested for another offence . Upon discovery of the recording, this triad member was arrested and brought to the police station with another member of his gang. During the transfer, the Police force obtained some recordings by placing devices in the car which is disadvantageous to the gang member. Can the gang member argue that these two pieces of recording are inadmissible?

HKSAR (����� ) v To Chun Ming (" !)

A university student was said to be gay in a heated quarrel and loss his self control in which he killed his classmate. Endorsed by psychiatrist, he is very sensitive as to how people view his sexual inclination due to his childhood experience. Should this be taken into account when jurors are considering the defence of provocation?

HKSAR (����� ) v Ocean Chin (�#$)

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Bat Kin Hong (���) v Mo Yan Shing (���)

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Semi-Final

Preliminary Round

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Sacred Heart Canossian College

St. Rose of Lima's

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King George V

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Heep Yunn

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Belilios Public School

Good Hope School

ENGLISH DIVISION

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Diocesan Boys'

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AcknowledgementPreparation Committee and Panel of Moot Judges Mr Simon S. Y. SO Chairman cum Chief Moot Judge Mr Patrick JIANG Moot Judge Mr Dominic K. K. HO Moot Judge

Mr Patrick C. L. LUI Member Mr Samuel C. K. CHAU Member Mr Wilson C. Y. LUI Translator

Donors Mr Simon S. Y. SO Mr Dominic K. K. HO

Mooting is something I am greatly interested in, after actively participating in debating competitions in secondary school. I am glad to have been invited to be one of the moot tutors of in this competition which allows me to pass along what little things I know of law and mooting to secondary school students. I hope they can discover their interest and passion in this activity and learn more about legal studies. Miss Christie Lee, Tutor

q��e�Q�¹n[¢®q"l�_\���IN�Ô¬ÎH��Í9q���²�KÈÔtqA�whµ�B��a�S�����`>{�Q� J£X�Ôn�S¸kcÊ�'|mÎ04£«ªÒ��Ë]¶·�#ÉB�=��s½��¹Ô�ÀÃ���ior!Ô¥1¹5B$;���¾ÇÔz:�qLl�ÑÐ�ÍO~P£¯²i�n�?2�?g´�S�B�ÔH����²��Ð�£*Ô�W�xÕ�wP -/,¡³Å�Ï�Ô���S¥°j��F<My{�¹oT£t¤C8Ô»+&¦Ó� Mr Wilson Lui, Translator and Head Tutor

The mooting competition is definitely a precious opportunity for the senior secondary school students to have a glimpse of what the legal profession is like, and possibly raise their interest towards entering it in the future. Although mooting may be quite challenging to them, I believe that through this complicated process, the participants would have developed critical and logical thinking, which is surely beneficial to their academic performance, especially subjects like liberal studies. Mr Kennis Cheung, Tutor

I am delighted to help as a tutor in this competitive and fruitful mooting competition and work with my teams in these months. It is my pleasure to see my students learning their legal knowledge and gaining practical experience, not to mention the team spirit being nurtured during the game and the increased ability in dealing with immense pressure during the games. As time passes, memory may fade. Yet, I hope their passion to law and mooting never does.

Mr Warwick Tam, Tutor

It is my honour to be invited by the Association to be a tutor of these devoted and bright advocates. Through preparing for each mind-drilling yet inspiring moot problem, I go through the delighting journey of discovering legal principles that I have not been exposed to. I am also grateful that I have the invaluable opportunity to play a different role in a mooting competition, not as a mooter, but as a tutor who is faced with a greater challenge on communicating complex legal ideas in a succinct and concise way, such that teenagers not legally trained can digest and assimilate. Mr Noah Chung, Tutor

Mr Harrods Wong, Tutor

Mooting competition is a challenge for both participants and tutors. Albeit tutors are law students, they may not be familiar with the area of law involved in the case. Therefore, I often told my teams that we were learning together through the competition. We can accomplish the tasks of analyzing the cases and learning different legal principles together. This gives me great sense of satisfaction. Although both of my teams cannot advance to the Grand Final, it is indeed a precious opportunity for my teams to enjoy their unique mooting experience. I would like to express my gratitude to the Association for their hard work. Mr Patrick Chong, Tutor

Tutors Mr Wilson C. Y. LUI Head Tutor, HKU BA&LLB 1 Mr Kennis H. Y. CHEUNG, CUHK LLB 1 Mr Patrick W. P. CHONG HKU BBA(Law) 1 Mr Noah K. H. CHUNG HKU LLB 1 Miss Christie LEE CUHK LLB 1 Mr Jonathan M. H. LEUNG HKU BBA(Law) 1 Mr Warwick H. Y. TAM HKU LLB 1 Mr Harrods H. W. WONG HKU LLB 1

Venue Suppliers Hong Kong Judiciary Faculty of Law, The University of Hong Kong

Guest Judge Mr Kevin K. H. FONG Barrister-at-law