Hong Kong Case Law: Decisions & Judgments

Topic

Telecommunications interception

Legal area

Court

23 Aug 2005

HKSAR v. MO YUK PING AND OTHERS

Citation

HKSAR v. MO YUK PING AND OTHERS
Court

District Court
Case number

DCCC1360/2004

Accused failed to discharge the onus on the balance of probabilities to show a fair trial is impossible from the destruction of interception material; the interception and destruction policy applied by the Government and implemented by the ICAC was rational and struck a fair balance between privacy and law enforcement; there was no finding of bad faith or serious fault by the ICAC and therefore no abuse of process warranting a permanent stay; applications dismissed and trial to proceed.
23 Aug 2005

HKSAR v. MO YUK PING AND OTHERS

Citation

HKSAR v. MO YUK PING AND OTHERS
Court

District Court
Case number

DCCC636/2005

On the balance of probabilities the accuseds failed to show that destruction of intercepted materials made a fair trial impossible or that ICAC conduct amounted to an abuse of process warranting a permanent stay; ICAC acted pursuant to a longstanding government policy to use intercepts for intelligence and to destroy product, there was no duty to retain the materials, no mala fides established, and the question of s.33's constitutionality was unnecessary to decide; accordingly applications for permanent stay are dismissed and trial to proceed.
23 Aug 2005

HKSAR v. MO YUK PING AND OTHERS

Citation

HKSAR v. MO YUK PING AND OTHERS
Court

District Court
Case number

DCCC367/2004

Applications for permanent stay dismissed: destruction of intercepted material occurred pursuant to long‑standing Government policy limiting intercepts to intelligence gathering and requiring destruction; ICAC was obliged to follow that policy and had no duty to retain or disclose the interception recordings or synopses; no evidence of bad faith or serious fault by ICAC or Executive; accused failed to prove on balance that a fair trial is impossible and the circumstances do not warrant a stay under the abuse‑of‑process limb when a fair trial remains possible.

Hong Kong Case Law

HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS

HKSAR v. MO YUK PING AND OTHERS