13 Nov 2012
A v. The Commissioner of the Independent Commission Against Corruption
- Citation
- A v. The Commissioner of the Independent Commission Against Corruption
- Court
- Court of Final Appeal
- Case number
- FACC9/2011
On proper construction POBO s.14(4) abrogates the common law privilege against self-incrimination in respect of compliance with s.14 notices; s.20 must be read as imposing a general prohibition on direct use of compelled material except in the narrow circumstances expressly permitted (statutory declarations/statements in writing under s.14(1)(a)-(c) when the defendant gives evidence), derivative use is permissible, and the statutory scheme as so construed is a lawful, rational and proportionate limitation compatible with the Bill of Rights and the Basic Law; appeal dismissed.