26 Mar 2009
LAM SIU PO v. COMMISSIONER OF POLICE
- Citation
- LAM SIU PO v. COMMISSIONER OF POLICE
- Court
- Court of Final Appeal
- Case number
- FACV9/2008
Article 10 of the Bill of Rights applies to police disciplinary proceedings that determine civil rights and obligations; Regulations 9(11) and 9(12) which impose a blanket ban on professional legal representation are inconsistent with Article 10 and unconstitutional; impairment of operational efficiency is an essential element of the offence under PGO 6-01(8) and the prosecution bears the burden of proof; because the tribunal failed to consider permitting legal representation the appellant was denied a fair hearing and the convictions and sentences are quashed.