6 Sept 2005
MO YUK PING v. SECRETARY FOR JUSTICE
- Citation
- MO YUK PING v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV270/2005
The Court upheld the factual findings of the trial judge that no prejudice or bad faith was shown from the destruction of intercepted tapes; applied the balance of probabilities standard for prejudice and reaffirmed that stays for abuse of process or interruption of trial by judicial review are exceptional; therefore refusal of leave and dismissal of the appeal was correct and the criminal trial should continue.