28 May 1998
HKSAR v. TSE KA WAH
- Citation
- HKSAR v. TSE KA WAH
- Court
- Court of Appeal
- Case number
- CACC647/1997
Because the judge publicly identified the appellant as having assisted the authorities after mitigation had been heard in chambers, confidentiality was breached contrary to the purpose of the Sivan procedure; sentencing must be in open court without direct reference to sensitive material, the prosecution bears primary responsibility for maintaining confidentiality, and the breach materially prejudiced the appellant such that the Court allowed the appeal and reduced the sentence from four to three years' imprisonment.