Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Public interest/confidentiality of police investigation
  • 11 Jul 2001

    WANG DIN SHIN v. NINA KUNG

    Citation
    WANG DIN SHIN v. NINA KUNG
    Court
    Court of Appeal
    Case number
    CACV1479/2001

    The Court dismissed the appeal because the defendant failed to prove that a stay was necessary: no criminal charge had been laid so Article 11 protections were not yet engaged, the risk of prejudice to any future criminal trial was minimal and speculative, and the Judge was not plainly wrong to refuse a stay; however the in camera order was set aside because publicity requirements under Article 10 mean judgments from in camera hearings must generally be made public and an in camera trial was inappropriate here.

    • Stay of proceedings
    • In camera hearings
    • Right to silence (article 11)
    • Public interest/confidentiality of police investigation
    • Expert forensic evidence
    • Alleged forgery