HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS

The judge concluded the prosecution met its onus that public disclosure of the relevant ICAC officers' evidence (including policies and procedures and material potentially revealed in cross-examination) would prejudice the wider interests of justice by undermining investigative techniques; limited exception applies and therefore the evidence of WONG Sai-chiu and Rebecca LI must be taken in closed court.

Citation
HKSAR v. MO YUK PING AND OTHERS
Parties
Prosecution: HKSAR; First Accused: MO Yuk-ping; Second Accused: Second Accused; Co Accused: Five others
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 August 2005
Case Number
DCCC1360/2004
Procedural Posture
Criminal / Pre Trial Applications for Permanent Stay and for in Camera Evidence
Outcome
Judge ordered that the evidence of WONG Sai-chiu and Rebecca LI be taken in closed court; permanent stay applications reserved for later determination.
Legal Topics
Interception of Communications, In Camera Hearings, Open Justice, Stay of Proceedings, Telecommunications Ordinance S33, Bill of Rights Article 10
Source Language
EN
Criminal Law Evidence Constitutional Law Administrative Law Privacy/surveillance Interception of Communications In Camera Hearings Open Justice +3 more

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Parties

HKSAR

Prosecution

MO Yuk-ping

First Accused

Second Accused

Second Accused

Five others

Co Accused

Procedural Posture

Criminal / Pre Trial Applications for Permanent Stay and for in Camera Evidence

Legal Issues

  1. 1 Whether evidence of ICAC officers should be heard in camera
  2. 2 Whether publicity of evidence would prejudice the interests of justice
  3. 3 Whether ICAC policies and procedures are in accordance with law

Ratio Decidendi

The judge concluded the prosecution met its onus that public disclosure of the relevant ICAC officers' evidence (including policies and procedures and material potentially revealed in cross-examination) would prejudice the wider interests of justice by undermining investigative techniques; limited exception applies and therefore the evidence of WONG Sai-chiu and Rebecca LI must be taken in closed court.

Court Disposition

Judge ordered that the evidence of WONG Sai-chiu and Rebecca LI be taken in closed court; permanent stay applications reserved for later determination.

Orders

  • The evidence of WONG Sai-chiu and Rebecca LI shall be taken in closed court.
  • Applications for permanent stay to be determined subsequently; no determination made in this ruling.