HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS

The judge held that the prosecution satisfied the onus that hearing the evidence of WONG Sai-chiu and Rebecca LI in open court would, to the extent strictly necessary, prejudice the interests of justice generally by disclosing sensitive ICAC policies and procedures and by risking damage in cross-examination to the effectiveness of lawful interception as an investigative tool; accordingly their evidence was ordered to be taken in closed court.

Citation
HKSAR v. MO YUK PING AND OTHERS
Parties
Prosecution: HKSAR; Accused: MO Yuk-ping; Accused: Second Accused
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 August 2005
Case Number
DCCC367/2004
Procedural Posture
Criminal / Pre Trial Applications for Permanent Stay; Ruling on Whether ICAC Witnesses to Give Evidence in Camera
Outcome
Granted in part: evidence of two ICAC officers ordered to be heard in closed court
Legal Topics
Interception of Communications, Closed Court Orders, Public Access to Trials, Permanent Stay of Proceedings, ICAC Policies and Procedures
Source Language
EN
Criminal Law Administrative Law Evidence Human Rights Telecommunications Law Interception of Communications Closed Court Orders Public Access to Trials +2 more

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Parties

HKSAR

Prosecution

MO Yuk-ping

Accused

Second Accused

Accused

Procedural Posture

Criminal / Pre Trial Applications for Permanent Stay; Ruling on Whether ICAC Witnesses to Give Evidence in Camera

Legal Issues

  1. 1 Whether evidence of ICAC officers should be heard in camera under s123(1) Criminal Procedure Ordinance
  2. 2 Whether disclosure of ICAC policies and procedures would prejudice the interests of justice (including future law enforcement)
  3. 3 Whether the principle of open justice and Bill of Rights require public hearing of contested policy evidence

Ratio Decidendi

The judge held that the prosecution satisfied the onus that hearing the evidence of WONG Sai-chiu and Rebecca LI in open court would, to the extent strictly necessary, prejudice the interests of justice generally by disclosing sensitive ICAC policies and procedures and by risking damage in cross-examination to the effectiveness of lawful interception as an investigative tool; accordingly their evidence was ordered to be taken in closed court.

Court Disposition

Granted in part: evidence of two ICAC officers ordered to be heard in closed court

Orders

  • Evidence of WONG Sai-chiu to be taken in closed court
  • Evidence of Rebecca LI to be taken in closed court