9 Oct 2019
HKSAR v. YU LIK WAI WILLIAM AND ANOTHER
- Citation
- [2019] HKCA 1093
- Court
- Court of Appeal
- Case number
- CACC237/2015
The court held that s.61(4) of the ICSO is capable of a remedial interpretation: the provision must be read to require that any information obtained under a relevant authorization and continuing to be available to the department be provided to the prosecution so that the prosecution may consider whether it meets the statutory disclosure test, and, if so, disclose it to the judge in an ex parte hearing. Reading-in in this manner is a permissible remedial interpretation that cures the constitutional defect without effecting an unlawful legislative amendment, and the prosecutor can apply the sta…