13 Sept 2006
HKSAR v. LI MAN TAK AND ANOTHER
- Citation
- HKSAR v. LI MAN TAK AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC303/2005
The trial judge properly exercised his discretion to admit covertly obtained audiovisual records after a balancing exercise considering the privacy breach, lack of oppressive conduct, reliability and public interest in detection of serious corruption; accordingly the 1st applicant's convictions on charges 1 and 2B are safe. However the conviction of the 2nd applicant was unsafe because the judge erred by treating the 2nd applicant's inconsistent statements (lies) as the sole or sufficient foundation to admit the Tang Court recording under the co-conspirator's rule; that error rendered the 2nd…