HKSAR v. KWOK WING

HKSAR v. KWOK WING

After inspecting the Documents the court found they were not material or relevant to the stay application and that the public interest in preserving confidential HKP‑UPSM cooperation outweighed the defence interest; consequently the Documents are subject to public interest immunity and must not be disclosed to the defence.

Citation
HKSAR v. KWOK WING
Parties
Prosecution: HKSAR; Defendant/respondent: Kwok Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2015
Case Number
HCCC217/2014
Procedural Posture
Criminal / Pre Trial — Stay of Proceedings Application and Disclosure Application
Outcome
Prosecution application to exclude the Documents on grounds of public interest immunity granted
Legal Topics
Public Interest Immunity, Disclosure, Abuse of Process, Stay of Proceedings, Extradition/deportation, Police Cooperation
Source Language
EN
Criminal Law Evidence Public Law International Cooperation Public Interest Immunity Disclosure Abuse of Process Stay of Proceedings +2 more

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Parties

HKSAR

Prosecution

Kwok Wing

Defendant/respondent

Procedural Posture

Criminal / Pre Trial — Stay of Proceedings Application and Disclosure Application

Legal Issues

  1. 1 Whether the Documents are covered by public interest immunity (PII)
  2. 2 Whether the Documents are relevant/material to the defendant's stay application
  3. 3 Whether the public interest in confidentiality outweighs the interests of justice

Ratio Decidendi

After inspecting the Documents the court found they were not material or relevant to the stay application and that the public interest in preserving confidential HKP‑UPSM cooperation outweighed the defence interest; consequently the Documents are subject to public interest immunity and must not be disclosed to the defence.

Court Disposition

Prosecution application to exclude the Documents on grounds of public interest immunity granted

Orders

  • The Documents are subject to public interest immunity and are not to be disclosed to the defence
  • No blanket prohibition is made restraining the defence from seeking information as to the identities of UPSM officers; any application in that regard may be considered at the stay proceedings or when such evidence is sought from HKP witnesses