R. v. Fung Date:, 2011 BCPC 326

Citation: R. v. Fung Date: 20111110 2011 BCPC 0326 File No: 202888-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF an Application pursuant to Section 490(2)(

a) of the Criminal Code for Orders for Further Detention of Things Seized under warrants issued pursuant to

Section 487 of the Criminal Code AND IN THE MATTER OF an Application pursuant to Section 490(2)(

a) of the Criminal Code for Orders for Further Detention of Things Seized pursuant to

Section 489 of the Criminal Code AND IN THE MATTER OF LEO FUNG EXCERPTS FROM PROCEEDINGS REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE F.E. HOWARD Counsel for the Crown: D. Meneley Appearing on their own behalf: Leo Fung Place of Hearing: Vancouver , B.C. Date of Hearing: November 10, 2011 Date of Judgment: November 10, 2011 [ 1 ] THE COURT: I am dealing here with an application. Notice was given to Leo Fung, who is a taxpayer according to the documents, and that is the only person whom I want to talk to. [ 2 ] LEO FUNG (probably): But there -- [ 3 ] THE COURT: Leo Fung -- let me finish.

Leo Fung has filed an affidavit saying he will consent to the order if the investigator proves and establishes a variety of issues that are completely unrelated. The question I have to decide is, "Do I detain these materials

that were seized for a further period of time?" [ 4 ] So the affidavit of Leo Fung can go into the court file, but I rule it irrelevant to this application. At this point in time, the only material I have in front of me is the application by the Crown and the affidavit of the investigator, Ms. Tsang. [ 5 ] No one is stepping forward as the taxpayer to deal with this application - the person who has been given notice. [ 6 ] Accordingly, I am of the view that the materials from the Crown are in order.

The affidavit establishes that a further period of detention is appropriate and necessary to continue the investigation, and I am going to grant the order sought by the Crown. [ 7 ] I will give everyone in the courtroom the opportunity, in the form of everyone who is a party to this action, i.e.

Leo Fung, the taxpayer, because that is the only person whom I am interested in, one last opportunity to make submissions on the application, but not submissions on his legal status as a person versus a taxpayer. [ 8 ] If Leo Fung the taxpayer is in the courtroom, he can make submissions. [ 9 ] LEO FUNG: I'm not here to repute the taxpayer's material, I'm here just to claim my status as a private person. [ 10 ] THE COURT: I am not here -- I am not here, again -- [ 11 ] LEO FUNG: So that the private property -- [ 12 ] THE COURT: Again, I am not here to deal with that issue.

I am only here to deal with the taxpayer and his relationship with -- [ 13 ] LEO FUNG: What -- [ 14 ] THE COURT: -- the taxation -- [ 15 ] LEO FUNG: What venue -- [ 16 ] THE COURT: -- office. [ 17 ] LEO FUNG: What venue would be the appropriate venue? [ 18 ] THE COURT: I have no idea. Go speak to a lawyer, sir.

It is not my job to give you legal advice. [ 19 ] LEO FUNG: Yes, I understand that. [ 20 ] THE COURT: Okay, so -- [ 21 ] LEO FUNG: A venue -- [ 22 ] THE COURT: -- I don't know, but -- [ 23 ] LEO FUNG: -- it's unfair to -- [ 24 ] THE COURT: -- it is certainly not this venue because it is of no interest of me. The only person that I want to talk to is the taxpayer. [ 25 ] LEO FUNG: Well -- [ 26 ] THE COURT: The order is granted. November 10th, that is the correct date. [ 27 ] Do you need me to sign one or more of these documents? [ 28 ] MR. MENELEY: Your Honour, I have two available, and if Mr.

Fung provides me with a third I have three. [ 29 ] THE COURT: One, two. There you go. [ 30 ] MR. MENELEY: Thank you, Your Honour. [ 31 ] THE COURT: All right, Dr. Fung, if you want to sort out what your legal status is, I suggest you go speak to a lawyer for some advice as to where to go to obtain some determination on that. In the meantime, I expect that anyone who deals with this file will be dealing only with the taxpayer. If you do not want to be the taxpayer, you might have a problem. [ 32 ] All right. [ 33 ] MR.

MENELEY: Thank you, Your Honour. [ 34 ] THE COURT: Thank you. [ 35 ] This goes back in the file, as well. [ 36 ] THE CLERK: Yes, Your Honour.

(REASONS CONCLUDED)