Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Innocence at stake exception

Legal area

Court

25 Feb 2021

HKSAR v. DRAMANE MOUHAMED SAITI

Citation

[2021] HKCFA 4
Court

Court of Final Appeal
Case number

FAMC32/2019

Disclosure of the informer's identity was not necessary to demonstrate the applicant's innocence because the central issue was whether the applicant was in possession of the drugs and the jury accepted the prosecution's evidence; therefore failure to apply for disclosure was not flagrant incompetence and leave to appeal was properly refused.
14 Jul 2014

香港特別行政區訴林逸楓

Citation

香港特別行政區訴林逸楓
Court

Court of Appeal
Case number

CACC178/2013

Applicant failed to discharge the burden to show that disclosure of whether the key prosecution witness was an informant was necessary to establish innocence under the 'innocence at stake' exception to informer privilege; the trial judge's directions to the jury were proper and did not deprive the applicant of a fair trial; leave to appeal and the disclosure application were dismissed, conviction and sentence stand.