The High Court dismissed a request from the Independent Commission Against Corruption for unedited journalistic records from a radio interview given by Lew Mon-hung, friend-turned-foe of Chief Executive Leung Chun-ying.
The decision was made after Hong Kong Commercial Broadcasting told the court on Tuesday that it did not have unedited records of the interview, other than the audio clips that could be downloaded from its website.
In the Court of First Instance yesterday, Director of Public Prosecutions Kevin Zervos said the ICAC needed the materials for a potential prosecution and had to ensure the interview reports were accurate and reliable. "What was said [in the interviews] is important to determine whether there was any criminal offence committed," he said.
The prosecution could use the radio station's affirmation to prove the authenticity of the recordings in a trial, the court heard.
Mr Justice Thomas Au Hing-cheung indicated that Lew could be a key player in a criminal investigation that led the agency to seek the court orders.
The judge said: "If there is a criminal trial … Mr Lew may keep the right to silence and you [the prosecution] will need to prove the authenticity of the evidence."