R. v. YIP KAI FOON

R. v. YIP KAI FOON

The application for a permanent stay is dismissed because, on the evidence, the publicity was sensational but not of such a nature or enduring effect that it would, on the balance of probabilities, prevent a fair trial; jurors can be expected to follow judicial directions and any prejudicial effect is insufficient to justify the exceptional remedy of a permanent stay.

Citation
R. v. YIP KAI FOON
Parties
Prosecution: The Queen; Applicant/defendant: Yip Kai-foon
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 January 1997
Case Number
HCCC270/1996
Procedural Posture
Criminal / Pre Trial: Application for Permanent Stay of Proceedings
Outcome
Application for permanent stay of proceedings dismissed
Legal Topics
Stay of Proceedings, Pre Trial Publicity and Prejudice, Jury Impartiality, Contempt and Media Reporting, Injunctions Against Media
Source Language
EN
Criminal Law Criminal Procedure Media Law Contempt of Court Pre Trial Publicity Stay of Proceedings Pre Trial Publicity and Prejudice Jury Impartiality +2 more

Case Brief

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Parties

The Queen

Prosecution

Yip Kai-foon

Applicant/defendant

Procedural Posture

Criminal / Pre Trial: Application for Permanent Stay of Proceedings

Legal Issues

  1. 1 Whether adverse pre-trial publicity from films and magazines requires a permanent stay of criminal proceedings
  2. 2 Whether the publicity has so prejudiced potential jurors that no fair trial can be held
  3. 3 How to balance freedom of expression and media reporting against the defendant's right to a fair trial

Ratio Decidendi

The application for a permanent stay is dismissed because, on the evidence, the publicity was sensational but not of such a nature or enduring effect that it would, on the balance of probabilities, prevent a fair trial; jurors can be expected to follow judicial directions and any prejudicial effect is insufficient to justify the exceptional remedy of a permanent stay.

Court Disposition

Application for permanent stay of proceedings dismissed

Orders

  • Proceed to trial; arraignment listed for 10 February 1997 at 9:30 a.m.