Legal professional privilege has to be protected, judge says

A defendant in a fraud case did not need to disclose a conversation with his lawyer who allegedly asked him to record how ICAC officers coached him to testify in court, a judge ruled yesterday.

Judge Garry Tallentire refused an application from prosecuting counsel Joseph Tse to cross-examine defendant Cheung Ching-ho, 39, on his intention in seeking legal advice and details of his contact with his lawyer, Virginia Szeto.

Defence lawyer Andrew Bruce objected to the application in the District Court on Thursday, citing professional privilege that protects all communication between a legal adviser and his client from being disclosed without the permission of the client.

In turning down the application yesterday, Tallentire said professional privilege was protected by the Basic Law. 'It will take a lot to take it away,' he said.

Cheung, a former warrants trader, was among five people arrested by the Independent Commission Against Corruption in 2008 for trying to manipulate the derivatives market and laundering over HK$100 million generated by an alleged scam.

He was originally offered immunity from prosecution, but later refused to testify against the alleged mastermind of the scam, Raymond Ng Chun-to. Cheung was then charged with conspiracy to defraud.