22 Dec 2005
SECRETARY FOR JUSTICE v. SHUM CHIU AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. SHUM CHIU AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAL101/2005
The trial judge's first ruling was legally wrong because it prevented the prosecution from resiling from concessions and from adducing relevant evidence from ICAC officers; that refusal prevented the necessary inquiry into ICAC state of mind and available evidence (including possible conspiracy) and thus denied the court the material needed to lawfully exercise its discretion on stays. The first ruling is quashed and the matter is remitted to the District Court for fresh determination in accordance with law.