13 Mar 2014
HO MAN KONG v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE AND ANOTHER
- Citation
- HO MAN KONG v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV13/2013
The Court dismissed the appeal and held that Article 30 does not render telecommunications intercepts lawfully obtained in a foreign jurisdiction automatically inadmissible in Hong Kong extradition proceedings; s61(1) ICSO does not apply extraterritorially to the Australian intercepts; admissibility is governed by established common law discretion (as explained in Riaz Khan) and a magistrate making a committal order has no power to exclude admissible evidence in extradition committal proceedings.