23 Aug 2005
HKSAR v. MO YUK PING AND OTHERS
- Citation
- HKSAR v. MO YUK PING AND OTHERS
- Court
- District Court
- Case number
- DCCC367/2004
Applications for permanent stay dismissed: destruction of intercepted material occurred pursuant to long‑standing Government policy limiting intercepts to intelligence gathering and requiring destruction; ICAC was obliged to follow that policy and had no duty to retain or disclose the interception recordings or synopses; no evidence of bad faith or serious fault by ICAC or Executive; accused failed to prove on balance that a fair trial is impossible and the circumstances do not warrant a stay under the abuse‑of‑process limb when a fair trial remains possible.