Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/16

Rh the contents of that interview had been noted. Similarly, in the context of the non-prejudicial statement of Billy Kay dated 24 March 2010, it was known now, from the recently disclosed notebook of DPC 47077 that he met Billy Kay on 16 and 17 March 2010 for a total of about three and three-quarter hours. Had that newly disclosed material being known to Mr McNamara, it permitted a line of cross-examination of Billy Kay and Jacky Ma of their respective motivation for giving evidence for the prosecution, which was relevant to their credibility. Also, it permitted consideration to be given to making enquiries of the two police officers in respect of the same issue.

31. In his written submissions Mr Cheung invited the Court to note the very detailed provisions that apply in respect of disclosure by the prosecution in England and Wales, pursuant to the Criminal Procedure and Investigations Act, 1996, the revised Code of Practice, issued in 2015, and the Attorney General’s Guidelines on Disclosure, issued in 2013.

The respondent's evidence

Affirmations

32. In his affirmation, Chief Inspector Chan Shun Ching, Baron said that on and between 22 December 2013 and 15 September 2014 he was the officer-in-charge of the team in the Organized Crime and Triad Bureau responsible for the applicant’s case. On 28 January 2014, the List and Bundle of unused material had been served on the applicant in advance of his committal to the Court of First Instance from Eastern Magistracy. He said that, whilst he was the officer-in-charge of the