Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Telecommunications ordinance s.33

Legal area

Court

24 Aug 2005

MO YUK PING v. SECRETARY FOR JUSTICE

Citation

MO YUK PING v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL111/2005

Leave to apply for judicial review was refused because although there was a prima facie arguable case, the issues raised should be determined, if necessary, on appeal after the trial produces a full evidential context; interruption of the criminal trial is an exceptional remedy and the trial judge's discretionary refusal to stay did not impugn the court's jurisdiction and thus did not justify interlocutory judicial review.
23 Aug 2005

HKSAR v. MO YUK PING AND OTHERS

Citation

HKSAR v. MO YUK PING AND OTHERS
Court

District Court
Case number

DCCC1360/2004

Accused failed to discharge the onus on the balance of probabilities to show a fair trial is impossible from the destruction of interception material; the interception and destruction policy applied by the Government and implemented by the ICAC was rational and struck a fair balance between privacy and law enforcement; there was no finding of bad faith or serious fault by the ICAC and therefore no abuse of process warranting a permanent stay; applications dismissed and trial to proceed.