26 Jan 2006
HKSAR v. CHAN KAU TAI
- Citation
- HKSAR v. CHAN KAU TAI
- Court
- Court of Appeal
- Case number
- CACC26/2004
The non-disclosure of CI Yang's convictions and disciplinary reprimands was disclosable and constituted a material irregularity making the convictions unsafe; although there was no deliberate bad faith sufficient to permanently halt prosecution, the irregularity required quashing the convictions and ordering a retrial. The covert surveillance did breach constitutional privacy rights but admission of the edited tapes was lawful on the facts after balancing; however the judge's erroneous adverse comments in the summing-up about the applicant's alleged habit of counting money infringed the right…