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(Ruling 7)
HCCC 41/2016
[2018] HKCFI 311
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 41 OF 2016
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HKSAR |
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CHAN Yiu-shing |
1st Defendant |
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CHENG Wai-shing |
2nd Defendant |
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PENNELLI Rizzy |
3rd Defendant |
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WU Kai-fu |
4th Defendant |
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MAN Ting-lock |
5th Defendant |
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| Before: Hon Zervos J in Court |
| Date of Hearing: 9 February 2017 |
| Date of Ruling: 23 February 2017 |
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RULING ON APPLICATION FOR POLICE OFFICER WITNESSES TO GIVE EVIDENCE BEHIND A SCREEN
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1. The prosecution apply for certain police officers to give evidence behind a screen to prevent them from being viewed by the public. The basis of the application is that the police officers concerned carry out surveillance duties and therefore wish to maintain their anonymity in order to perform such future duties.
2. The defence object to the application primarily on the basis that in allowing the police officers to give evidence from behind a screen is contrary to the principle of open justice, and attaches a level of seriousness to the case that would reflect adversely on the defendants.
3. I do not agree with the objection as the jury would be informed that the purpose of the screen is to maintain the anonymity of the police officers whose duties include carrying out surveillance. As I understand the case, the police officers concerned are in fact giving evidence in relation to the surveillance they conducted on the defendants.
4. I do not think the principle of open justice is in any way materially offended as everyone in the courtroom, other than members of the public, will be able to see the police officers give evidence, and everyone in the courtroom will be able to hear their evidence. The jury will be appropriately directed to ensure that they do not view the arrangement in any way adversely to the defendants.
5. I grant the application on the basis that the relevant police officer’s duties include carrying out surveillance where his or her anonymity is therefore required in order to perform such future duties.
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(Kevin Zervos) |
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Judge of the Court of First Instance |
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High Court |
Mr Jonathan Man, SADPP, and Mr Gary Leung, SPP of Department of Justice, for HKSAR
Mr Randy Shek, instructed by Bond Ng Solicitors, assigned by Director of Legal Aid, for the 1st defendant
Mr Douglas Kwok, instructed JCC Cheung & Co., assigned by Director of Legal Aid, for the 2nd defendant
Mr John Haynes, instructed by Krishnan & Tsang, assigned by Director of Legal Aid, for the 3rd defendant
Mr Thomas Iu, instructed by Jackson Ho & Co., assigned by Director of Legal Aid, for the 4th defendant
Mr Keith Fung, instructed by Tang, Wong & Cheung, assigned by Director of Legal Aid, for the 5th defendant
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