28 Mar 2008
PHILIP K.H. WONG, KENNEDY Y.H. WONG & CO (a firm of solicitors) AND ANOTHER v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
- Citation
- PHILIP K.H. WONG, KENNEDY Y.H. WONG & CO (a firm of solicitors) AND ANOTHER v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
- Court
- Court of Appeal
- Case number
- CACV4/2008
The Court of Appeal allowed the appeal, holding that OSCO does not displace or exclude the exercise of investigatory and search warrant powers under ICACO or POBO merely because an investigation involves an organized crime or proceeds of a specified offence; law enforcement agencies (including ICAC) may choose the statutory power to invoke provided the statute's conditions are met; Saunders J's quashing of the magistrate's warrants on the ground that OSCO must be used exclusively was set aside and the remaining issue about magistrate-imposed safeguards for legal professional privilege was rem…