Firms want ICAC raid to be declared unlawful
A corporate services company and a law firm are seeking a court order to declare unlawful a graftbusters' search of their shared office and seizure of documents.
RMBSA Corporate Services and Romulo, Mabanta, Buenaventura Sayoc & De Los Angeles also want a magistrate's order authorising the search quashed.
The judicial review application has been launched after a 31/2-hour search of the office in the Far East Finance Centre in Admiralty on April 12.
It was authorised in a warrant issued by Magistrate Josiah Lam Wai-kuen on April 7.
According to the writ, seven Independent Commission Against Corruption officers had conducted a search in the office, 'including those files belonging to [the law firm's] other clients who are completely unrelated to the subject matter of the search'.
The applicants are seeking an injunction for the return of materials seized and compensation for damage done during the raid.
The seized files included documents that were not on the list of seized materials prepared by the officers, the applicants allege.
The law firm is claiming legal privilege 'in relation to all documents and material seized'.
The applicants argued that the ICAC officer in charge of the raid should have been able to anticipate that legally privileged papers were likely to be found, as the premises were shared by lawyers.
Hence, the ICAC should at least raise such concerns with the magistrate before a search warrant is issued.
RMBSA Corporate Services was set up by Romulo, Mabanta, Buenaventura Sayoc & De Los Angeles to provide the firm's clients corporate secretarial services, which form part of the legal services provided by the firm.
