Moot Problem (BI)

MOOT PROBLEM 2014

Bruce Lee & Anna Wong v Highland University

Bruce Lee (Mr Lee) and Anna Wong (Ms Wong) were friends and final-year law students at
Highland University, a public university in Selangor. They were also the only members of the
Highland University Political Science Society (HUPSS), a club recognized and approved by the
University.

In July 2013, both Mr Lee and Ms Wong received e-mail advertisements for Socialism 2014, a
conference on Socialism to be held in Chicago, U.S., from 26-29 June 2014. The conference’s
website states:

Socialism 2014 is a four-day conference bringing together hundreds of
socialists and radical activists from around the country to take part in
discussions about Marxism, working-class history, and the debates and
strategies for organizing today. (http://www.socialismconference.org/abouts14/)

On 1 August 2013, Mr Lee and Ms Wong together submitted an application on behalf of HUPSS
for funding for the trip to Chicago from the Student Affairs Division, which was responsible for
allocating funding among the University’s student clubs.

On 15 August, they received a reply from the Student Affairs Division denying the application.
The denial notice merely said, “No funding permitted.” University records show that this was the
only student application of 2013 that was completely denied funding.

Meanwhile, Mr Lee and Ms Wong had been selected to be members of the mooting team
representing the University in the LAWASIA Moot Court Competition held in Kuala Lumpur.

On 24 August 2013, the Highland mooting team attended the LAWASIA competition. The
University sponsored half of the team’s expenses, which included food, accommodation,
registration fees, and petrol costs. The other half was paid by the student participants. The
participants drove their own cars to the competition. The coach/trainer was a University lecturer.

During the evening after the first day of competition, Mr Lee and Ms Wong decided to walk
around a neighbourhood near the competition site. They went door-to-door asking for money to
help fund the trip to Socialism 2014. When someone answered their knocking, they would
explain that they were members of the Highland University Political Science Club and they were
looking for donations to fund the trip to Socialism 2014.

One of the residents of the neighbourhood, Vera Wang, was quite upset after the students visited
her house. On 29 August 2013, she called the Vice Chancellor of the University, Rosalind Chao,
to complain.

On 2 September 2013, Vice Chancellor Chao summoned Mr Lee and Ms Wong to her office.
After some pleasantries, the following conversation took place:

Vice Chancellor Chao: “So, you are members of that Political Science club thing, right? I never
did like that idea.”

Ms Wong: “Yes.”

Vice Chancellor Chao: “I have received a complaint from a resident in KL that you visited her
home asking for donations for a trip you are planning to Chicago for some Socialist conference.
Is this true?”

Mr Lee: “Yes.”

Vice Chancellor Chao: “This is prohibited behaviour. You must explain yourselves immediately.
If you do not have a compelling reason, you will be appropriately punished. Make it quick
because I have a meeting in five minutes.”

Mr Lee and Ms Wong said nothing. After some awkward silence, the Vice Chancellor dismissed
the students from her office.

One week later, Mr Lee and Ms Wong received letters sent by post to their respective homes
informing them that they had been expelled from the University for violating Section 15A(1) of
the Universities and University Colleges Act 1971 (UUCA). The University rules do not mention
the UUCA nor do they mention student fundraising. They do provide, however, that students
may be expelled for “committing any offence.”

Mr Lee and Ms Wong attempted to appeal the Vice Chancellor’s decision through the University
procedures. The procedures provide that any appeal of a Vice Chancellor’s decision may be
made to the University Board of Directors. The Board may, but need not, choose to hear the
appeal. The Board of Directors refused to hear the appeal.

Mr Lee and Ms Wong are challenging the Vice Chancellor’s decision by applying for judicial
review in the High Court. In the High Court (Application for Judicial Review No. 25-10-2014),
the following questions are posed:

1. Whether the decision by the University to expel the applicants was invalid on the grounds
of procedural impropriety and/or illegality.

2. Whether Section 15A of the UUCA is unconstitutional as it violates the right to freedom
of speech, assembly and/or association provided for by Article 10(1) of the Federal
Constitution.

The parties now appear before the High Court on the two questions posed.