CFA rules undercover evidence admissible and orders resumption of corruption trial
2000-6-26
The Court of Final Appeal today (Monday) ordered the resumption of the trial of two police officers who were charged by the ICAC with accepting bribes to facilitate triad activities but acquitted after a District Court judge excluded certain evidence collected in an undercover investigation.
Police Inspector Lam Tat-ming and Sergeant Ng Sai-hing were charged with a total of five corruption offences, including accepting $450,000 to facilitate members of the Fuk Yee Hing triad society to carry out decoration works at a Home Ownership Scheme est ate in Chai Wan.
The duo were acquitted in June 1998 after a District Court judge ruled that recordings of certain conversations of the two defendants during the undercover operation were inadmissible.
The prosecution then appealed against the ruling and subsequently took the case to the Court of Final Appeal. The appeal was considered by Chief Justice Li Kwok-nang, Mr Justice Litton, Mr Justice Ching, Mr Justice Bokhary and Sir Anthony Mason.
The Court of Final Appeal, being unanimous, today handed down its judgment allowing the prosecution's appeal. It also remitted the matter to the presiding judge for the trial to resume.
The Court of Final Appeal noted that the law recognized the use of undercover operations was an essential weapon in the armoury of the law enforcement agencies to obtain evidence to bring the criminals to book.
It added that the use of such operations was particularly important when the criminal activities were ongoing and also after crimes were completed.
" The use of undercover operations played an important part in society's struggle to combat crime especially serious crime, whether it be corruption, trafficking in dangerous drugs or terrorism, ” the judgment said.
The law accepted that law enforcement agencies might find it necessary to resort to certain tactics, such as trickery, in undercover operations, it noted, adding that it would be absurd to suggest in an undercover operation that a caution could be administered to the suspect.
" We welcome the Court of Final Appeal's ruling as evidence gathered in undercover operations are particularly important in the investigation of corruption, which was very often committed in a 'satisfied customers situation', ” a spokesman for the ICAC said.
Police Inspector Lam Tat-ming and Sergeant Ng Sai-hing were charged with a total of five corruption offences, including accepting $450,000 to facilitate members of the Fuk Yee Hing triad society to carry out decoration works at a Home Ownership Scheme est ate in Chai Wan.
The duo were acquitted in June 1998 after a District Court judge ruled that recordings of certain conversations of the two defendants during the undercover operation were inadmissible.
The prosecution then appealed against the ruling and subsequently took the case to the Court of Final Appeal. The appeal was considered by Chief Justice Li Kwok-nang, Mr Justice Litton, Mr Justice Ching, Mr Justice Bokhary and Sir Anthony Mason.
The Court of Final Appeal, being unanimous, today handed down its judgment allowing the prosecution's appeal. It also remitted the matter to the presiding judge for the trial to resume.
The Court of Final Appeal noted that the law recognized the use of undercover operations was an essential weapon in the armoury of the law enforcement agencies to obtain evidence to bring the criminals to book.
It added that the use of such operations was particularly important when the criminal activities were ongoing and also after crimes were completed.
" The use of undercover operations played an important part in society's struggle to combat crime especially serious crime, whether it be corruption, trafficking in dangerous drugs or terrorism, ” the judgment said.
The law accepted that law enforcement agencies might find it necessary to resort to certain tactics, such as trickery, in undercover operations, it noted, adding that it would be absurd to suggest in an undercover operation that a caution could be administered to the suspect.
" We welcome the Court of Final Appeal's ruling as evidence gathered in undercover operations are particularly important in the investigation of corruption, which was very often committed in a 'satisfied customers situation', ” a spokesman for the ICAC said.