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2014-5 M6

Diploma in Legal Studies


Module 6 Examination

Module Title : Criminal Law and Criminal Procedure

Date : May 22, 2014

Time : 7:00 9:00 p.m.

Instructions

1. Each candidate must write the Candidates Number, Seat Number, Programme/
Course Title, Module Title and Date on the cover of each answer book.

2. English Dictionaries are allowed. These must be unmarked and available for inspection.
Law Dictionaries and Mechanical Dictionaries are not allowed.

3. Candidates must answer three questions from Section A and one question from
Section B. Each question in Section A is worth 20 marks (spend no longer than 24
minutes answering each question or a total of 72 minutes on Section A). Each question in
Section B is worth 40 marks (spend no longer than 48 minutes answering the question).
This paper is 100 marks in total.

4. Candidates should start each question on a separate page of the answer book.

5. Full reasoning must be shown in answers. Authorities, decided cases and examples should
be cited where appropriate.

DO NOT OPEN THIS QUESTION BOOK


UNTIL YOU ARE TOLD TO DO SO

PLEASE RETURN THIS QUESTION BOOK WITH YOUR SCRIPT


AT THE END OF THE EXAMINATION

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2014-5 M6

SECTION A
You should answer any three questions from this Section. Each question is worth 20 marks.
You should spend no longer than 24 minutes answering each question or a total of 72 minutes
on Section A.

Case Study

You are employed in the criminal litigation department of Messrs Zak Ma & Co. a firm of
solicitors. Your firm has been instructed by Napoleon Cabrelli who has been detained at Tsim
Tsa Tsui Police Station in connection with an alleged robbery offence. You accompany your
principal to interview Napoleon at the police station on the 15th March 2014.

The police officer in charge of the case informs you that Napoleon has been arrested in
connection with a robbery offence which took place in Sham Shui Po around 5.30 am on the
1st January 2014. In this incident, 2 foreign males boarded a taxi in Tsim Sha Tsui and told
the driver to take them to a location in Sham Shui Po. At the destination, one of the males
suddenly took out a knife and pointed it at the taxi driver and demanded money from him.
The driver handed over his wallet. The other male took 3 mobile phones which were
displayed on the dashboard of the taxi. After the robbery, the 2 males fled.

The taxi driver called the police and gave a description of the 2 males. As a result of a police
investigation, Napoleon was arrested in the early hours of the 15th March 2014.

Your principal interviews Napoleon. He says that the police have wrongly arrested him for
the robbery case. It has nothing to do with him. He says he was in Macau with his girlfriend
from the 31st December 2013 to the 2nd January 2014 for the New Year holidays. They stayed
at the Venetian Hotel in Macau.

Napoleon is aged 52 and earns HK$10,500 per month as a bar-tender in Central. He has a
clear record. He lives alone in a flat in Sheung Wan. Napoleon holds a Columbian passport
but has lived in Hong Kong for 7 years. His girlfriend is Chinese and he intends to marry her
on the 14th February 2015.

Please refer to the above Case Study and choose any three questions to answer.

1. Advise Napoleon about his right of silence in police custody. [20 marks]

2. Assume that the police want to conduct an Identification Parade. Is Napoleon obliged to
take part? What advice will you give Napoleon?
[20 marks]

3. The police will not grant bail to Napoleon. What advice will you give Napoleon
concerning court bail?
[20 marks]

4. Napoleon asks you to explain what is meant by the prosecution offering no evidence on
a charge. What explanation will you give?
[20 marks]

5. Napoleon asks you to explain to him the difference between a suspended sentence of
imprisonment and a community service order. What explanation will you give?
[20 marks]

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2014-5 M6

SECTION B
You should answer only one question from this Section. You must attempt all parts of either
Question 6 or Question 7. Each question is worth 40 marks. You should spend no longer than
48 minutes answering the question you have chosen.

6. Answer all parts of this question.

(a) Briefly explain the following:-

(i) the principle of transferred malice in criminal law;

(ii) the defence of infancy; and

(iii) the defence of duress.

(b) Advise D of his criminal liability, if any, in the following unrelated circumstances:-

(i) D goes into Olivers Supermarket to buy an expensive bottle of wine. Inside the
supermarket, he switches the price label of a cheaper bottle of wine for the
expensive one. D pays the lower price at the check-out counter; and

(ii) D breaks the window of a jewellery shop in Central. To gain access to some
gold necklaces, he placed the top half of his body inside the shop whilst his feet
were on the ground outside. A police officer apprehended him.
[40 marks]

7. On the 22nd December 2013, D and V, who are work colleagues, had a heated argument
about work related matters. During the argument, V also started making insulting
abusive remarks about D saying he was an ugly mug and has a hideous looking
girlfriend to match. V continued by saying that D must be sexually impotent and
was so repulsively ugly that no amount of cosmetic surgery would be able to help him.
D became furious. He suddenly grabbed hold of a pair of scissors lying on a desk
nearby and stabbed V in the stomach. V fell to the ground bleeding heavily. V was
subsequently taken to hospital and died from his injuries.

Advise D of his criminal liability, if any, for homicide.

Would your answer be any different if V had tried to stab D with a knife and D retaliated?
[40 marks]

*** END OF PAPER ***

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2014-5 M7

Diploma in Legal Studies

Module 7 Examination

Module Title : Land Law and Conveyancing

Date : June 9, 2014

Time : 7:00 9:00 p.m.

Instructions

1. Each candidate must write the Candidates Number, Seat Number, Programme/
Course Title, Module Title and Date on the cover of each answer book.

2. English Dictionaries are allowed. These must be unmarked and available for inspection.
Law Dictionaries and Mechanical Dictionaries are not allowed.

3. Candidates must answer three questions from Section A and one question from
Section B. Each question in Section A is worth 20 marks (spend no longer than 24
minutes answering each question or a total of 72 minutes on Section A). Each question in
Section B is worth 40 marks (spend no longer than 48 minutes answering the question).
This paper is 100 marks in total.

4. Candidates should start each question on a separate page of the answer book.

5. Full reasoning must be shown in answers. Authorities, decided cases and examples should
be cited where appropriate.

DO NOT OPEN THIS QUESTION BOOK


UNTIL YOU ARE TOLD TO DO SO

PLEASE RETURN THIS QUESTION BOOK WITH YOUR SCRIPT


AT THE END OF THE EXAMINATION

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2014-5 M7

SECTION A
You should answer any three questions from this Section. Each question is worth 20 marks.
You should spend no longer than 24 minutes answering each question or a total of 72 minutes
on Section A.

1. (a) What legal rights does an owner of a unit in a multi-storey building possess?
(10 marks)

(b) Explain the purposes of a Deed of Mutual Covenant in relation to multi-storey


buildings. (10 marks)
[Total: 20 marks]

2. (a) Define joint tenancy and a tenancy in common. (10 marks)

(b) What advice would you give to a married couple who intend to purchase a flat in a
multi-storey building? (10 marks)
[Total: 20 marks]

3. (a) What tests do the courts use to distinguish between a fixture and a fitting? Why is
the distinction important? (15 marks)

(b) Is an air-conditioner a fixture or a fitting? (5 marks)


[Total: 20 marks]

4. With reference to relevant case law, outline the requirements for acquisition of an
easement under the rule in Wheeldon v Burrows.
[Total: 20 marks]

5. With reference to relevant case law, explain what is meant by exclusive possession in
relation to a lease.
[Total: 20 marks]

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2014-5 M7

SECTION B
You should answer only one question from this Section. You must attempt all parts of either
Question 6 or Question 7. Each question is worth 40 marks. You should spend no longer than
48 minutes answering the question you have chosen.

6. On 10th June 2013, V and P entered into a Formal Sale and Purchase Agreement
(the Agreement), under which V agreed to sell, and P agreed to buy a flat and a car
parking space (the Property) in a multi-storey building in Hong Kong. The Government
lease for the building was issued on 2nd February 1982. The purchase price of the
Property was $12 million and the total amount of the deposit (the Deposit) was
$1,200,000. P obtained a loan (the Loan) from XYZ Bank (the Bank) to help him
finance the purchase and the Bank took a legal charge over the Property as security
for the Loan. The Loan is to be repaid by P in monthly instalments over 72 months.
Under the Agreement, V has agreed to show and give good title according to the
requirements of Section 13 of the Conveyancing and Property Ordinance (CPO).

(a) What is good title? What documents must V produce in order to show good title?
(20 marks)

(b) How can V still show good title if he is unable to produce the original Government
lease? (10 marks)

(c) How might a vendor and purchaser summons under Section 12 CPO assist P if he
is not satisfied with any answer given by V to any requisition P may raise on title?
(10 marks)
[Total: 40 marks]

7. With reference to the facts in Question 6, above, answer the following questions.

(a) If P is more than 3 months behind in repaying the Loan, can the Bank sell the
Property? (10 marks)

(b) If the Bank has the power to sell the Property, what duty does it owe when selling
the Property? To whom is this duty owed? (15 marks)

(c) What is an encumbrance on title? If P manages to pay off the Loan what action
should he take in order to be able to sell the Property free from encumbrances?
Why is this important? (15 marks)
[Total: 40 marks]

*** END OF PAPER ***

3
2014-5 M8

Diploma in Legal Studies

Module 8 Examination

Module Title : Family Law and Matrimonial Practice

Date : May 26, 2014

Time : 7:00 9:00 p.m.

Instructions

1. Each candidate must write the Candidates Number, Seat Number, Programme/
Course Title, Module Title and Date on the cover of each answer book.

2. English Dictionaries are allowed. These must be unmarked and available for inspection.
Law Dictionaries and Mechanical Dictionaries are not allowed.

3. Candidates must answer three questions from Section A and one question from
Section B. Each question in Section A is worth 20 marks (spend no longer than 24
minutes answering each question or a total of 72 minutes on Section A). Each question in
Section B is worth 40 marks (spend no longer than 48 minutes answering the question).
This paper is 100 marks in total.

4. Candidates should start each question on a separate page of the answer book.

5. Full reasoning must be shown in answers. Authorities, decided cases and examples should
be cited where appropriate.

DO NOT OPEN THIS QUESTION BOOK


UNTIL YOU ARE TOLD TO DO SO

PLEASE RETURN THIS QUESTION BOOK WITH YOUR SCRIPT


AT THE END OF THE EXAMINATION

1
2014-5 M8

SECTION A
You should answer any three questions from this Section. Each question is worth 20 marks.
You should spend no longer than 24 minutes answering each question or a total of 72 minutes
on Section A.

Case Study (for Section A and Section B)

Amy (aged 50) and Bert (aged 55) have been married for 25 years. Amy is a successful
lawyer and Bert was a successful businessman until eight years ago. They have a son Casey
(aged 23), and a daughter Clare (aged 20). Casey is now working in Hong Kong but Clare
is still in university in London. They live in a 2,500 square feet flat in Mid-Levels, which
was purchased by the two of them 20 years ago. There is no mortgage outstanding on this
flat, which is now worth $50 million. Amy also owns several properties in her name which
she purchased after she opened her own firm eight years ago. These properties are worth
$20 million and have $10 million outstanding in mortgages. Bert stands to inherit three
buildings in Tsim Sha Tsui, left to him by his rich parents. These three buildings are worth
$300 million. Amy and Bert have both contributed equally to the maintenance of their
home and children.

Fifteen years ago, Amy found out that Bert was having an affair with another woman.
Amy forgave him, as she blamed herself for neglecting Bert due to her busy life and young
children. However, Amy recently found out that Bert has been having another affair for the
past two years, this time with a woman called Sammi, who is half his age. During those two
years, Bert has been away from home for half of every week, using the excuse that he had
to go to China for business. But he did not really go to China, instead he stayed with Sammi
for half of every week. Bert also bought Sammi a brand new sports car worth $1 million,
and a small property in Kennedy Town worth $3 million. The money came as a loan from
Amy, who thought she was helping Bert as he was going through a bad time in his business.
Bert continues to show affection and care towards Amy whenever he is home, and when
they are together with the children.

Amy, who has also now found out about Berts previous affair, is furious. She recently
moved out of their Mid-Levels home and is now living with her parents in Kowloon Tong.
Both Casey and Clare (when she comes home during the school holidays from London) are
living at the Mid-Levels home with Bert. Bert has again asked Amy for forgiveness, but
Amy will not forgive him this time. She wants Bert to move out so that she can move back
to live with her children. She says Bert should go and live with Sammi all the time.

Amy went to a well-known matrimonial lawyer for advice about petitioning for divorce
from Bert. Please detail the legal advice you think the lawyer will give Amy in relation to
the following:

Please refer to the Case Study and choose any three questions to answer.

1. Can Amy succeed with her divorce petition on the grounds of adultery? If she is not willing
to petition on the grounds of adultery, but instead on the grounds of a one-year separation,
can she still move back into the Mid-Levels home if Bert refuses to move out? What does
she need to watch out for if she wants to petition on the grounds of a one-year separation?
[20 marks]

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2014-5 M8

2. Amy knows she cannot petition for divorce on the grounds of unreasonable behaviour but
wants to know more about these grounds. She also wants to know about petitioning on the
grounds of a two-year separation, if she cannot get Bert to consent to divorce on the
grounds of one-year separation.
[20 marks]

3. What are the documents and is the procedure to be followed in an uncontested divorce?
[20 marks]

4. Amy is advised to attempt mediation. She is a mediator herself, but in the area of
construction law. What is family mediation?
[20 marks]

5. Amy is worried that Bert might harass, pester or intimidate her once she moves back
into the Mid-Levels flat. Do these actions amount to molestations and can she get a
non-molestation, ouster or re-entry order against Bert under the Domestic and
Cohabitation Relationships Violence Ordinance (Cap 189)?
[20 marks]

SECTION B
You should answer only one question from this Section. Each question is worth 40 marks.
You should spend no longer than 48 minutes answering the question you have chosen.

Please note the Case Study facts apply to Section B.

6. What order will the court make for the division of assets for both Amy and Bert? Will
there be any maintenance issues? Will Clare still need to be maintained and by whom?
What types of orders will the court usually make, and what factors will the court take
into account? What is the current guiding principle?
[40 marks]

7. Since there is a lot of money involved, Amy has been advised that she has to go
through Financial Dispute Resolution (FDR). Explain FDR, the procedure involved
and what happens at the First Appointment, the FDR hearing and the Final Hearing.
[40 marks]

*** END OF PAPER ***

3
2014-6 M9

Diploma in Legal Studies

Module 9 Examination

Module Title : Law of Succession and Probate Practice

Date : May 29, 2014

Time : 7:00 9:00 p.m.

Instructions

1. Each candidate must write the Candidates Number, Seat Number, Programme/
Course Title, Module Title and Date on the cover of each answer book.

2. English Dictionaries are allowed. These must be unmarked and available for inspection.
Law Dictionaries and Mechanical Dictionaries are not allowed.

3. Candidates must answer three questions from Section A and one question from
Section B. Each question in Section A is worth 20 marks (spend no longer than 24
minutes answering each question or a total of 72 minutes on Section A). Each question in
Section B is worth 40 marks (spend no longer than 48 minutes answering the question).
This paper is 100 marks in total.

4. Candidates should start each question on a separate page of the answer book.

5. Full reasoning must be shown in answers. Authorities, decided cases and examples should
be cited where appropriate.

DO NOT OPEN THIS QUESTION BOOK


UNTIL YOU ARE TOLD TO DO SO

PLEASE RETURN THIS QUESTION BOOK WITH YOUR SCRIPT


AT THE END OF THE EXAMINATION

1
2014-6 M9

SECTION A
You should answer any three questions from this Section. Each question is worth 20 marks.
You should spend no longer than 24 minutes answering each question or a total of 72 minutes
on Section A.

1. Explain the formalities required for a valid will under s.5(1) Wills Ordinance (Cap.30)
and the standard of proof required to successfully offer such a will for a grant.
[20 marks]

2. Explain the possible affect of the following rules on the distribution of the residuary
estate on the spouse and children of a deceased who died intestate and domiciled in
Hong Kong:

(a) s.5(1)(c) Intestates Estate Ordinance (Cap.73) on intervivos advancement etc. to a


child of the intestate.

(b) s.8 Intestates Estate Ordinance (Cap.73) on cases of partial intestacy.


[20 marks]

3. Describe the common clauses of a will in English for execution by a Chinese testator.
[20 marks]

4. Explain the order of priority for grant in Hong Kong of a deceased who died intestate
and domiciled in Hong Kong.
[20 marks]

5. Some of the six ways of making a grant application in Hong Kong for a deceased who
died domiciled outside Hong Kong, require the filing of an affidavit of foreign law.
Please discuss.
[20 marks]

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2014-6 M9

SECTION B
You should answer only one question from this Section. You must attempt all parts of either Question
6 or Question 7. Each question is worth 40 marks. You should spend no longer than 48 minutes
answering the question you have chosen.

6. You are consulted by John. He told you that his sister (the Deceased) died intestate in
March 2014 domiciled in Hong Kong. She is survived only by Mr. Lam (her husband)
and John (her whole blood brother), and has no other next of kin.

(a) If the residuary estate amounts to HK$5 million, what is the respective entitlement of
Mr. Lam and John?

(b) Identify and explain which of the following Specified Forms are applicable for a
grant application by John for the Deceaseds estate and with the consent of Mr. Lam:
i) L1.5a, Affirmation or Affidavit by Administrator (Siblings Application);
ii) L1.5b, Affirmation or Affidavit by Administrator (Siblings Application);
iii) W2.2, Renunciation of Administration with Will; and
iv) L2.1 Renunciation of Administration.

(c) If the residuary estate amounts to only HK$500,000, what is the respective
entitlement of Mr. Lam and John?

(d) If John is the half-blood brother of the Deceased, what is the respective entitlement
of Mr. Lam and John?
[40 marks]

7. You are employed in the probate department of So & Co. solicitors. You are
consulted by Peter who seeks your advice concerning the estate of his aunt, Madam
Lee (the Deceased). The Deceased died in 2012 domiciled in Hong Kong leaving a
home-made will. The will provides that the Rolex watch of the Deceased is to be
given to Peter, and that the residue is to be given to Mary. The known estate of the
Deceased is comprised of the Rolex watch and a residuary estate of HK$5 million.

(a) In the will, the Deceased named Paul as executor. Advise Peter as to the general
priority of application for a grant in relation to the Deceaseds estate according to
Rule 19 of the Non-Contentious Probate Rules, and the type of grant to be issued.

(b) Paul, the named executor, has duly executed the Specified Form, W2.1 Renunciation
of Probate. Advise Peter as to who has the priority of application for a grant in
relation to the Deceaseds estate according to Rule 19 of the Non-Contentious
Probate Rules, if the residuary estate is now only worth HK$5,000.

(c) What application documents and what supporting documents have to be filed in
order to apply for a grant of representation for the estate of the Deceased?

(d) Advise on the merits of Rule 60A of the Non-Contentious Probate Rules for the
administration of the Deceaseds estate.
[40 marks]

*** END OF PAPER ***


3
2014-6 M10

Diploma in Legal Studies


Module 10 Examination

Module Title : Introduction to Mainland Legal System

Date : June 5, 2014

Time : 7:00 9:00 p.m.

Instructions

1. Each candidate must write the Candidates Number, Seat Number, Programme/
Course Title, Module Title and Date on the cover of each answer book.

2. English Dictionaries are allowed. These must be unmarked and available for inspection.
Law Dictionaries and Mechanical Dictionaries are not allowed.

3. Candidates must answer three questions from Section A and one question from
Section B. Each question in Section A is worth 20 marks (spend no longer than 24
minutes answering each question or a total of 72 minutes on Section A). Each question in
Section B is worth 40 marks (spend no longer than 48 minutes answering the question).
This paper is 100 marks in total.

4. Candidates should start each question on a separate page of the answer book.

5. Full reasoning must be shown in answers. Authorities, decided cases and examples
should be cited where appropriate.

DO NOT OPEN THIS QUESTION BOOK


UNTIL YOU ARE TOLD TO DO SO

PLEASE RETURN THIS QUESTION BOOK WITH YOUR SCRIPT


AT THE END OF THE EXAMINATION

1
2014-6 M10

SECTION A
You should answer any three questions from this Section. Each question is worth 20 marks. You
should spend no longer than 24 minutes answering each question or a total of 72 minutes on
Section A.

1. How does the Chinese Constitution differ from the constitution of other countries in
terms of its dual nature as both a legal and a political document?
[20 marks]

2. Is it correct to say that the 1982 Constitution is the best constitution in the history of
Peoples Republic of China? Explain your answer.
[20 marks]

3. Explain the various ways in which the structure of the Chinese state and the structure of
the Chinese Communist Party are joined together under the current political system.
[20 marks]

4. Does the doctrine of binding precedent apply to the Chinese legal system? Do decisions
in previous court cases have any legal implications under the Chinese legal system?
[20 marks]

5. Identify and explain the problems and difficulties that judges are facing under the
Chinese legal system.
[20 marks]

SECTION B
You should answer only one question from this Section. Each question is worth 40 marks.
You should spend no longer than 48 minutes answering the question you have chosen.

6. Elaborate and comment on the different ways of enforcing the Chinese constitution,
with reference to the role of National Peoples Congress and its Standing Committee.
[40 marks]

7. To what extent does judicial independence exist in China today? What are the factors
that make it difficult for the peoples courts to exercise judicial power independently?
[40 marks]

***END OF PAPER***