TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 89

to a procession of this type of vitness through the witness-boxes. The Crown he not infrequently considered it necessary to rely upon

evidence from tainted sources in order to secure convictions of

those considered to be still further tainted and every judge in the Colony is acutely aware of this and of the dangers inher nt in such evidence. It is alleged that the learned trial judge, having observed that the amnesty offered to these two accomplices had no Coubt been so offered as a matter of public policy, failed to consider whether those amostics did in fact have the effect upon the witnesses to which I have referred. As I have observed that danger is in the nind of every judge in Hong Kong and it is wholly unnecessary for a judge of the expericnce of the learned trial judge to spell out, in minute detail in his judgment, the underlying possibilities. In any event the criticion levelled against the learned judge is unjustified for, although it is true that at one point he referred to public policy without making diret reference to the possibility that the amnesty could be calculated to lead to falto.vidence, in another part of the judgment when speaking of Leu he said:

3 .. It has been submitted on any grounds that his evidence should not be accepted nor evon admitted because ...... he is under great pressure because of the terms of the anesty to giva favourable evidence on behalf of the Crown

There is a direct reference to the pressures inherent in

the ennusty, trosaures which vere clearly in the learned judge's mind. The learned jud e went on to remind himself that Lau was an accomplice and to warn himself of the danger of recepting his evidence without corroboration.

The judge vent on to refer to Lau as having answered cone of the allegations ando against him in cross-examination "quite amply and with great candour" whilst he had rightly denied other allegations made by the dufono. which had been in no way supported. Having obscured the dencanour of the witness, in particular when under cros¬-urn lånation, the learned judge was of the opinion that his evidence rearing the two appellants was true and he accepted tart evidenos, Sonc similer observations in regard to the evidence of Cheng, which widence uns qually farning in regard to the first