1 Nov 2017
HKSAR v. CHUA SHIRLEY MASIGLA AND OTHERS
- Citation
- HKSAR v. CHUA SHIRLEY MASIGLA AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCC304/2016
The court applied the discretionary balancing test under constitutional and common law authorities (Khan and Chan Kau Tai) and held that even if interrogation of mobile phones was unlawful, the court would not exercise its discretion to exclude the digital evidence already admitted (P130) because the breach, if any, did not outweigh the public interest in prosecuting serious drug offences; the interrogation of the 1st defendant's phone was ruled lawful on the facts. Thus unlawfully obtained digital evidence may be admitted after a contextual balancing exercise and was admitted in this case.