1 Feb 2019
HKSAR v. YU LIK WAI WILLIAM AND ANOTHER
- Citation
- [2019] HKCA 135
- Court
- Court of Appeal
- Case number
- CACC237/2015
Section 61 of the ICSO as a whole pursues legitimate aims and is, in substance, constitutional; however the procedure in s61(4) that places an initial gatekeeping disclosure decision solely with the investigating department (before the prosecution sees any extant information) is more than necessary and incompatible with the prosecution’s constitutional role in securing a fair trial — remedial interpretation should require departments to disclose extant interception‑derived information to the prosecution so the prosecutor can apply the s61(4) test and, if necessary, disclose to the judge ex pa…