18 Mar 2022
HKSAR v. MILNE JOHN
- Citation
- [2022] HKCFI 800
- Court
- Court of First Instance
- Case number
- HCCC240/2020
Customs & Excise's handling of P60 involved repeated insecure access without contemporaneous hashing or secure imaging, produced incomplete and unverifiable extractions and precluded any independent s22A certification; the lost/unverifiable digital material was central and corroborative of the sole defence issue (lack of knowledge) so that, on balance of probabilities, no fair trial could be held; accordingly the court exercised its inherent jurisdiction to permanently stay proceedings and order immediate release.