29 Jul 2010
HKSAR v. KO KIT AND ANOTHER
- Citation
- HKSAR v. KO KIT AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC65/2009
The appellate court upheld the trial judge: the ICAC's recording of the 13‑minute solicitor meeting was an inadvertent by‑product of authorised long‑term surveillance conducted with DOJ advice, the officers acted in good faith and took steps to secure the recording; the subsequent handling (transcription/translation and disclosure in the unused material) did not amount to such an affront to the public conscience as to justify the exceptional remedy of a permanent stay; the trial judge's adverse inferences from extensive circumstantial evidence were open to him and did not constitute an error…