21 Nov 2019
HKSAR v. CHEUNG CHUN YUEN, BARRY
- Citation
- [2019] HKDC 1566
- Court
- District Court
- Case number
- DCCC718/2017
The SFC has standing to assert PII and LPP. After in‑chambers inspection and application of the R v H balancing test, emails in Categories A and B (internal senior SFC deliberations and communications with FSTB that related to representations made to the SFC) must be disclosed in full to prosecution and defence because their relevance and the gravity of the criminal charge outweighs the public interest in non‑disclosure; emails in Category C (media/public relations internal views) are irrelevant and withheld; emails claimed under LPP are protected and not disclosable. Appointment of a special…