HKSAR v. Chan Yiu Shing and Others

(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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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.

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 1^st defendant

Mr Douglas Kwok, instructed JCC Cheung & Co., assigned by Director of Legal Aid, for the 2^nd defendant

Mr John Haynes, instructed by Krishnan & Tsang, assigned by Director of Legal Aid, for the 3^rd defendant

Mr Thomas Iu, instructed by Jackson Ho & Co., assigned by Director of Legal Aid, for the 4^th defendant

Mr Keith Fung, instructed by Tang, Wong & Cheung, assigned by Director of Legal Aid, for the 5^th defendant