Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Merger of offences
  • 23 Mar 1989

    THE QUEEN v. LAM KWOK HUNG

    Citation
    THE QUEEN v. LAM KWOK HUNG
    Court
    Court of Appeal
    Case number
    CACC477/1988

    Section 57(1) codifies non-disclosure of informers; for drug prosecutions subsection (2)'s first limb narrowly permits disclosure only where informer wilfully made material false statements (not alleged here). The broader common law exception is preserved by s57(2) only for non-drug proceedings. Therefore Crown was correct to refuse assistance and judge was correct to prevent disclosure; judge erred in issuing a witness summons for an untraceable informer but that error did not prejudice conviction. Convictions on alternative charges cannot both stand; conviction on charge 2 is quashed and se…