14 Nov 2022
HKSAR v. MILNE JOHN
- Citation
- [2022] HKCFA 22
- Court
- Court of Final Appeal
- Case number
- FACC2/2022
The Court allowed the prosecution’s appeal: the judge’s voire dire ruling excluding the WhatsApp photographs and phone data was wrong because the evidence was admissible as real evidence for non‑testimonial purposes and the judge misapplied s.22A and trespassed on the jury’s function; the stay was therefore based on an irrelevant consideration and miscarried and must be set aside; the subsequent grant and variation of bail are set aside because they flowed from the erroneous stay and the status quo ante should have been preserved under s.35(2) to avoid rendering any intended appeal nugatory.