HKSAR v. CHAN YIU SHING AND OTHERS

HKSAR v. CHAN YIU SHING AND OTHERS

The application was granted: police officers whose duties include conducting surveillance may give evidence from behind a screen where anonymity is necessary for future duties because the arrangement does not materially offend open justice and appropriate jury directions will prevent prejudice to the defendants.

Citation
[2018] HKCFI 311
Parties
Prosecution: HKSAR; 1st Defendant: CHAN Yiu-shing; 2nd Defendant: CHENG Wai-shing; 3rd Defendant: PENNELLI Rizzy; 4th Defendant: WU Kai-fu; 5th Defendant: MAN Ting-lock
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2017
Case Number
HCCC41/2016
Procedural Posture
Criminal / Ruling on Application for Police Officers to Give Evidence Behind a Screen
Outcome
Application granted for relevant police officers whose duties include surveillance
Legal Topics
Witness Anonymity, Open Justice, Surveillance Evidence, Jury Directions
Source Language
EN
Criminal Law Evidence Procedure Witness Anonymity Open Justice Surveillance Evidence Jury Directions

Case Brief

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Parties

HKSAR

Prosecution

CHAN Yiu-shing

1st Defendant

CHENG Wai-shing

2nd Defendant

PENNELLI Rizzy

3rd Defendant

WU Kai-fu

4th Defendant

MAN Ting-lock

5th Defendant

Procedural Posture

Criminal / Ruling on Application for Police Officers to Give Evidence Behind a Screen

Legal Issues

  1. 1 Whether police officers may give evidence from behind a screen to preserve their anonymity for future surveillance duties
  2. 2 Whether permitting evidence behind a screen would materially offend the principle of open justice or prejudice the defendants

Ratio Decidendi

The application was granted: police officers whose duties include conducting surveillance may give evidence from behind a screen where anonymity is necessary for future duties because the arrangement does not materially offend open justice and appropriate jury directions will prevent prejudice to the defendants.

Court Disposition

Application granted for relevant police officers whose duties include surveillance

Orders

  • Police officers whose duties include carrying out surveillance are permitted to give evidence from behind a screen to preserve their anonymity
  • The jury shall be directed that the screen is to protect officers' anonymity and must not be viewed adversely to the defendants